Most people who work in the courthouse cannot give you legal advice; meaning they cannot help you decide what to do, evaluate your possibility of success, or present your argument to the judge. To navigate the court system, you need basic information about your case. Most of the information should be listed on court papers:
What are the recent changes to Illinois child custody law? Illinois has recently undergone an overhaul of its child custody and divorce laws, the Illinois Marriage and Dissolution of Marriage Act.
However, you are expected to follow the court's rules and procedures. Most people who work in the courthouse cannot give you legal advice; meaning they cannot help you decide what to do, evaluate your possibility of success, or present your argument to the judge. To navigate the court system, you need basic information about your case.
This used to be called "custody," but that term is no longer used in Illinois. A parent can change their parental responsibilities even if the other parent doesn't agree. However, the process is much easier if both parents agree to the change.
The Process for Applying for a Modification When seeking a modification, a motion to modify custody must be filed. The motion must be filed in the county where the original custody order was signed. If the child no longer lives in that county, it may be possible to have the case transferred.
To determine this, the court will consider a number of factors, including the purpose of the name change, the wishes of the child's parents, the wishes of the child, the relationship of the child with his or her parents, step-parents, siblings and step-siblings, and the child's adjustment to his or her home, school, ...
The short answer to this question is that Illinois courts do not favor mothers over fathers in custody determinations.
Parenting plans are part of the final divorce decree and, as such, are legally binding. They cannot be modified without court approval and parents who fail to abide by the terms of their parenting plan can find themselves facing court sanctions and loss of parental privileges.
The Reigning King of What Can Be Used Against You in a Custody Battle: Verbal or Physical Altercations. We wanted to start with the most simple pitfall to avoid: When tempers get high, it's quite alluring to get into a verbal sparring match with your ex-spouse.
How to prove the best interest of the childPrepare a parenting plan. ... Keep track of your parenting time. ... Maintain a journal to show you meet parenting duties. ... Keep a log of child-related expenses. ... Get reliable child care. ... Ask others to testify on your behalf. ... Show that you're willing to work with the other parent.More items...
Mental and Physical Well-Being of Parents Parents' mental well-being is of great concern to a judge in a child custody case. Psychological disorders, overwhelming stress, drug or alcohol abuse, and mental health crises can prevent a parent from acting in their child's best interests.
The most common arrangement is for parents to share parental responsibilities (legal custody), but one parent has the majority of the parenting time (physical custody).
The court can give one parent full responsibility but order the other parent receive significant parenting time with the child. An order of parenting time can't be superseded by the other parent's sole right to make decisions unless the child is in danger when spending time with the non-custodial parent.
two yearsHow often can a parenting plan be changed in Illinois? If the other parent is okay with it, you can change the parenting plan as often as you'd like. If you want to go through the courts, custody modification cannot be requested unless it has been at least two years since the case was last settled.
Along with the motion to modify parenting time, you must file:A notice of motion that will notify the other party of the time and location of the initial court date; and.An affidavit in which you swear to the facts that form the basis of your request for a modification.
Illinois child support obligations can only be modified by filing a petition for increase or decrease in child support with the court that has jurisdiction over your case.
Psychological Evaluations: The court will often order that the parents and children undergo psychological evaluations in order to determine the best interests of the child. Discovery: The parties may have the opportunity to engage in written discovery and depositions in order to gather evidence for trial.
Once the change of custody proceeding has been initiated by the movant filing a motion to modify parenting time, the following steps will generally occur: 1 Mediation: The parties will be required to attempt to settle the issue through mediation with the assistance of a neutral third-party professional mediator. 2 Appointment of a Guardian-Ad-Litem: A guardian-ad-litem is a family law attorney appointed by the court to investigate the best interests of the child and report back to the court with a recommendation as to the child’s best interests. The guardian-ad-litem will interview the parents and the child if he or she is old enough. 3 Psychological Evaluations: The court will often order that the parents and children undergo psychological evaluations in order to determine the best interests of the child. 4 Discovery: The parties may have the opportunity to engage in written discovery and depositions in order to gather evidence for trial. 5 Pretrial Settlement Conference: At a pretrial settlement conference the judge will meet with each party in an attempt to encourage settlement without the need for a trial. 6 Trial: If attempts at settlement fail, a hearing will be held during which both parties will be able to present evidence and call witnesses to support their arguments. At the conclusion of the trial or shortly thereafter, the judge will issue an order either modifying the existing parenting arrangement or denying the motion for modification.
A notice of motion that will notify the other party of the time and location of the initial court date; and. An affidavit in which you swear to the facts that form the basis of your request for a modification. You must properly serve the notice of motion upon the other party along with a file-stamped copy of the motion and affidavit.
Many people still use the term “child custody,” but Illinois courts no longer use this term. Instead Illinois courts refer to “parenting time and responsibility.”. For the purposes of simplicity, this article will use the terms “custody” and “parenting time” interchangeably. For a general overview of the law regarding parenting time ...
Illinois is among the few states where joint custody is not presumed, instead the court will balance a number of factors to determine what’s in the child’s best interest.
Courts may waive the requirement for mediation if a party can demonstrate that mediation would not be possible due to a history of violence on the part of the other parent. You can also apply for temporary orders in custody cases. Learn more in our article Temporary Orders in Child Custody Cases.
Under the previous law, the parent with custody of the child could move the child to any location in Illinois without seeking the approval of the court or the child’s other parent. This is no longer the case, and the standard for what requires approval is now different ...
Do Illinois courts mandate mediation in child custody cases? Child custody mediation is a mandatory program in all Illinois court case where child custody is an issue. The terms of the mediation, including the number of mandatory sessions and their duration, are unique to local courts.
The lawyer may want to see: The child’s birth certificate, Any existing custody orders or parenting plans, Information about the child’s safety and welfare, Information about the other parent’s ability and willingness to parent, and. Any relevant communications between you and the other parent.
What Questions Should I Expect at a Meeting with a Child Custody Lawyer? For many parents, child custody is an important and emotionally charged issue. Before you meet with a child custody lawyer, you should prepare for your appointment. In order to understand your claim, the lawyer will need accurate and detailed information.
Most states have specific rules about changing a child custody order. Typically, you must show a significant change in circumstances. A change in circumstances may include evidence that: 1 A child’s safety and welfare is now seriously at risk, 2 A parent has willfully violated the current parenting plan, 3 An older child is reasonably requesting a modification, or 4 A parent’s relocation makes the current parenting plan impossible or impractical.
This information will help the lawyer evaluate and understand your child custody dispute. However, most child custody lawyers will not want to meet with your child at the first appointment. You will be discussing a lot of sensitive information about yourself and the child’s other parent.
If the other parent doesn't agree with the change, you have to prove to the judge that things have changed since the current order was signed. The difference must be significant, like that the other parent has relocated. However, if the change you're asking for is small, or reflects the way the child has been living for the past 6 months, you don't have to show that circumstances have changed.
If parents agree, then they must file court papers to ask the judge to change parental responsibilities for it to be legal. They will be able to make the change more quickly than parents who do not agree.
If you don't agree, you must wait 2 years after the original parental responsibilities order before changing decision-making responsibilities. The only exception is if the child is in danger. You can ask to change parenting time at any time.
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The child custody attorneys will find it helpful if you bring several documents with you, such as:
It's helpful to collect your thoughts before you head out to your first initial consultation with a child custody attorney. Write them down on paper and bring them with you. You don't want to forget to ask something. Also bring some writing material so that you can jot down the answers.
It is a worthwhile practice to consider what qualities your ideal child custody lawyer would have. That way, you'll recognize the right one when you meet. Here are some qualities to consider:
Check in with the judge’s clerk or coordinator sitting on either side of the judge’s seat; Know your line number and tell the clerk or coordinator your name and line number (you may have to sit outside the courtroom); Listen for your name or your line number to be called and then step up to the bench;
Be polite and dress the way you would for a job interview; Get to the courthouse at least 30-45 minutes before your hearing time; Go to the courtroom number on your court forms. If your forms do not have a courtroom number, look for a list of cases at the courthouse or ask the circuit clerk;
If you want to change your parental responsibilities, the first thing you should do is look at your current parental responsibilities (custody) order . If you do not have one, you will need to get one. Note that the term "custody" is no longer used in the law. The new term is parental responsibilities. The existing parental responsibilities order ...
Having parental responsibilities means making important decisions for a child, and spending time with them. This used to be called "custody," but that term is no longer used in Illinois. …. More on Changing parental responsibilities or custody.
If you forget to ask for something in your motion, the court cannot give it to you. Remember to attach a copy of the Parental Responsibilities Order you are trying to change to your motion. If the parental responsibilities order is part of another order such as a Judgment for Dissolution of Marriage or Parentage order, ...
Go to your hearing. Go to court on the day the Clerk scheduled for you and explain to the judge the change you want to make and why. The judge will make a decision and enter an order which will explain the decision. Bring these items to your court hearing: Motion to Modify Parental Responsibilities. Affidavit.
In some cases, the plaintiff is called the petitioner, and the defendant is called the respondent. Go to the courtroom number on your court forms. If your forms do not have a courtroom number, look for a list of cases at the courthouse or ask the circuit clerk;
About Prior to joining the firm as a paralegal, Debbie was employed by major banking institutions as a loan processor and as an executive secretary. Debbie was also employed as an administrative assistant for the Board of Jewish Education. Having majored in Sociology, Debbie graduated from the University of Florida in 1980. Debbie completed her…
About Born in Havana, Cuba, Paul Chatzky is fluent in Spanish and English, enabling him to effectively represent a wider range of individuals and businesses. He is AV® Preeminent™ Peer Review Rated by Martindale-Hubbell®, and is listed among Illinois Super Lawyers, which is a reflection of his high ethical standards and exceptional legal knowledge. As…
Often, people going through a divorce or other family law related issue call us looking to change attorneys because they hired a general practitioner, meaning the lawyer focuses on all areas of Illinois law, and are not prepared to handle the intricacies of a difficult or complicated divorce or other family-law related issue.
Switching family lawyers right before trial has the potential to cause more harm to your case than help. For example, if you fire your old attorney and hire a new one right before going to trial, your new attorney may not have enough time to prepare and if the Judge won’t grant a continuance your case may be sunk.
Far too often clients fire their family lawyer because things are not going as planned or they do not understand how the legal procedure works, and they end of regretting it greatly.
Call our office at 312-346-5320 or 800-517-1614 to speak with an attorney for FREE and get pointed in the right direction. Or you can fill out our contact form to tell us about your situation and we will contact you.
The client is the customer and your lawyer should always treat you with respect, return your phone calls or emails promptly, and make you feel like your case is a top priority. Many attorneys tell clients they will do something and then fail to do it.
Switching lawyers multiple times is also not a good idea. It is not a good use of your time and money, and it can cause further confusion and delay. Some family lawyers won’t want to even consider your case if you have changed lawyers more than two times.
It is not uncommon for someone who is unhappy with their current attorney to switch attorneys in the middle of their case. If you are in the middle of your divorce or other family law matter and have come to realize that your lawyer isn’t right for you, you are certainly allowed to hire someone new.