Custody

For many parents, the most pressing fear of child custody negotiations is the concern that the other parent will try to keep their children from them. This fear can actually prevent the parents from remaining focused on what is best for the children as they try to battle each other.

Buffalo Grove Custody Establishment Or Modification Lawyer

At Buffalo Grove Law Offices, we are committed to keeping the process directed at an outcome that is in the best interest of the children. We will reach a resolution as efficiently and inexpensively as possible, minimizing the drain on the family.

Mandatory Mediation Is The First Step

Unless both parents come to agreement regarding custody, the issue of custody must go through mediation before you can go to court on the issue of custody. The only exception to that is when a temporary custody decision must be made. This will allow both parents to come together in a facilitated discussion, both helping to decide how the children will be looked after and provided for following the divorce or in other cases not involving divorcing couples.

We will explain this process to you, providing the information and understanding that you need to approach mediation in a productive and informed manner. The custody process will include evaluations and interviews.

Most cases are settled before court, but if needed, we are prepared to represent your interests before the family law judge. The outcome of this decision and the amount of time you are granted with your children is vitally important, and we are committed to fighting for you and for the best interests of your children.

We will also help to negotiate joint custody and visitation agreements that best serve your family and allow adequate parenting time with both the mother and father, regardless of who was granted custodial or non-custodial rights.

Modification Of Custody Orders

No motion to modify a custody judgment may be made earlier than two years after its date, unless the court permits an earlier date because there is reason to believe the child’s present environment may endanger seriously his or her physical, mental, moral, or emotional health. However, after two years, the standard for the court to use is ‘the best interest of the child. This standard is the one that is also used in making the original custody order.

FORMER BOYFRIEND HAD NO STANDING TO BRING CLAIM FOR CUSTODY

The former boyfriend did not have statutory standing to bring a claim for custody of a minor adopted from Slovakia by his former girlfriend. The parties had never married, and they had taken no steps for the adoption to be recognized in Illinois. The father had not adopted the child, who remained in the custody of the adoptive mother. Illinois does not recognize the common-law standing of a nonparent to bring a petition for custody of a minor. In re Parentage of Scarlett Z.D., 2012 Il App (2d) 120266 (Aug 30, 2012) DuPage Co.

Contact An Arlington Heights Child Custody Lawyer

To arrange an initial consultation to discuss your situation and the options available to you, please contact our Illinois law firm today at (847) 772-8579.

CAN YOU SUE A GUARDIAN AD LITEM?

By Buffalo Grove Law Offices | July 20, 2021 | Comments Off on CAN YOU SUE A GUARDIAN AD LITEM?

An attorney was appointed as guardian ad litem (GAL) for a minor plaintiff.  There was a settlement for injuries she suffered in a motor vehicle accident.   The mother had been appointed by the court as the guardian of the minor’s estate. Eight years went by after the settlement.   The plaintiff minor sued her mother.   The…

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MINOR CHILD IS THE JOINT OBLIGATION OF BOTH PARENTS

By Buffalo Grove Law Offices | July 20, 2021 | Comments Off on MINOR CHILD IS THE JOINT OBLIGATION OF BOTH PARENTS

The Trial Court entered a judgment of dissolution.  It awarded permanent maintenance to the wife.   The wife had spent several years raising their daughter rather than pursuing a career. The Trial Court ordered the husband to pay half of the daughter’s private high school tuition.  The husband argued that he should pay less than half…

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DEFAULT JUDGMENT DOES NOT END THE LITIGATION

By Buffalo Grove Law Offices | July 20, 2021 | Comments Off on DEFAULT JUDGMENT DOES NOT END THE LITIGATION

The parties had been married in Iowa. They lived together until her wife moved to Illinois. Wife filed a Petition for Dissolution of Marriage in Illinois. Summons was issued to the husband. He was then a resident of the state of Georgia. He was personally served. The petition for dissolution requested that the court award…

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SOCIAL SECURITY DISABILITY INCOME IS PART OF INCOME FOR CHILD SUPPORT PURPOSES

By Buffalo Grove Law Offices | July 20, 2021 | Comments Off on SOCIAL SECURITY DISABILITY INCOME IS PART OF INCOME FOR CHILD SUPPORT PURPOSES

In the divorce decree, the parties shared custody of their minor child. A determination had already been made that the child was entitled to SSDI dependent benefits based upon the husband’s disability. The trial court took that information into consideration. As well as the parties’ respective net incomes, maintenance payable by the wife, and the…

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YOU CAN’T CALL CHILD SUPPORT MAINTENANCE

By Buffalo Grove Law Offices | July 20, 2021 | Comments Off on YOU CAN’T CALL CHILD SUPPORT MAINTENANCE

The Trial Court initially awarded the wife $6,000 per month for maintenance. And $6,000 per month for child support for a single minor child. Husband earned $550,000 annually. The Trial Court then reconsidered the awards. It then ordered $15,000 maintenance and no child support. Should the maintenance terminate while the child remains unemancipated, then child…

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FILING A TIMELY PETITION FOR COLLEGE EXPENSES

By Buffalo Grove Law Offices | July 20, 2021 | Comments Off on FILING A TIMELY PETITION FOR COLLEGE EXPENSES

The provisions of a divorce decree may be modified to require one or both parents to provide for the education and maintenance of a child. Whether that child is of a minority or majority age. But, provisions respecting maintenance or support may be modified only as to installments accruing after the filing of the motion…

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