Child Custody
Lawful Support in Challenges of Child Custody
When parents come before the courts for a divorce, the circuit court will order their participation in mediation to determine child custody, now known as "Allocation of Parental Rights"
Understanding Child Custody in Illinois Divorce Cases
In Illinois, child custody is a crucial aspect of divorce proceedings. According to Illinois law (750 ILCS 5/401, 2B), no divorce judgment can be entered unless the court has made provisions for child custody. This means that the court must consider and approve a child custody arrangement before finalizing the divorce. The court’s decision is always based on the best interest of the child, taking into account the living conditions of both parents, their relationship with the child, and other important factors. At Mulyk Laho Law, we specialize in navigating the complexities of child custody, ensuring that all relevant information is presented to protect your child’s welfare and secure a fair custody agreement.
Factors Considered in Child Custody Decisions
When determining child custody, the Illinois court considers a range of factors to decide what is in the best interest of the child. One of the primary considerations is the parenting arrangement preferred by both parents. Additionally, the court will take into account the preferences of the child, if they are old enough to express their wishes. Other important factors include the relationship between the child and both parents, as well as with siblings, step-parents, and other household members. The child’s adjustment to their current home and school environment is also critical in shaping the court’s decision. Mulyk Laho Law understands these nuanced considerations and ensures that your rights and your child’s well-being are prioritized throughout the custody process.
Evaluating the Health and Safety of the Parents and Child
The court will also carefully assess the psychological, physical, and social health of both parents and the child when making a child custody determination. This includes evaluating whether there is any history or potential for violence or abuse in either household, as the court is committed to placing the child in the safest possible environment. Additionally, the court will consider whether either parent is a registered sex offender or has any history that could pose a threat to the child’s safety. As military service can impact a parent’s availability, the court also takes this into account when making custody decisions. At Mulyk Laho Law, we work diligently to ensure all health and safety concerns are addressed, ensuring the most favorable child custody outcome for your family.
Promoting Cooperation and Stability in Child Custody Arrangements
An important factor in child custody decisions is the ability of the primary parent to foster a cooperative relationship with the other parent. The court values stability and consistency, and this includes supporting the other parent’s involvement in the child’s life. A parent’s willingness to collaborate and prioritize the child’s relationship with both parents is key to the court’s decision. At Mulyk Laho Law, we advocate for custody arrangements that promote cooperation while ensuring the child’s stability and well-being, working closely with our clients to create solutions that support healthy family dynamics after divorce.
Skilled Legal Representation for Child Custody Cases
When it comes to child custody, the stakes are incredibly high, and having skilled legal representation is essential. At Mulyk Laho Law, we bring years of experience and dedication to every client we represent in child custody matters. We understand that each family’s situation is unique, which is why we take the time to discuss every aspect of your case in detail. From investigating your concerns to understanding the dynamics between both parents and the child, our goal is to provide comprehensive legal support. We are committed to avoiding confrontations that can derail child custody settlements, always focusing on what is best for the child and ensuring a fair, peaceful resolution that protects your rights as a parent.
Mediation and Arbitration for Child Custody Settlements
In many child custody cases, parents prefer to reach an agreement without the need for lengthy court battles. If your spouse is open to mediation, arbitration, or a combination of both, Mulyk Laho Law will help you navigate these processes effectively. Our team prepares you for these negotiations by ensuring you understand your legal rights and options, empowering you to make informed decisions that are in the best interest of your child. Mediation and arbitration can often lead to quicker, less adversarial solutions, and we work diligently to reach a settlement that meets your goals without compromising the welfare of your child. Our experienced attorneys are here to support you through every step of the process.
Vigorously Defending Your Rights in Child Custody Court Hearings
An essential factor in child custody decisions is the willingness and ability of the primary parent(s) to foster a cooperative relationship with the other parent. The court values consistency and stability in a child’s life, and this includes ensuring that the primary custodial parent supports the other parent’s involvement in the child’s life. A parent’s willingness to work collaboratively, communicate effectively, and prioritize the child’s relationship with both parents plays a significant role in the court’s child custody decision. At Mulyk Laho Law, we advocate for custody arrangements that promote cooperation between parents while focusing on the child’s overall stability and well-being. We work closely with our clients to create solutions that are in the best interest of the child and promote healthy family dynamics post-divorce.
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What kind of Child Custody Services would you like to know more about?
in Illinois divorce cases, a parental allocation judgment, child support, and parenting time are based upon what the court perceives to be the best interest of the child. State law (750 ILCS 5/601) allows for a change or modification of a custody judgment when the order is no longer safe, practical, or workable in supporting the well-being of the child. Mulyk Laho Law can help you petition the court for a modification to your original custody agreement. Our team of family law and divorce lawyers knows the provisions of child custody law, and is highly skilled in securing changes for clients in courtrooms throughout Chicago, DuPage, Kane, Kendall and Will Counties.
Illinois courts vigorously enforce the appropriate implementation of and compliance with the parenting orders it renders. Generally, these judgments cannot be changed for at least two years, unless there is present or eminent physical, emotional, moral, or mental danger to a child in the current living situation. Barring danger, the court may also make changes when one or both parents present valid circumstances that warrant an alteration.
One parent, both parents, Department of Children and Family Services, or another state child support agency may petition for a parenting modification. Requests for change of parenting may relate to:
- Recurring child disputes between parents, such as threatening or profane communication issues, supervision, discipline, other people in the home having a negative impact upon the child
- Breaches in the terms of the prior judgment/order, such as parenting requirements
- Healthcare, illness, or disability of a parent or child
- Incarceration of a parent
- Child living with a sex offender
- Living circumstances that warrant an alteration in the order, such as remarriage, relocation or changes in residence or housing facilities
- Death of a parent
- Military service duty
If both parents want a parenting order changed, they may present a joint parenting agreement to the court. If they disagree, one parent can file a petition requesting a change in parenting with the court, serve the papers on the other parent, possibly attend mediation, and proceed to hearing for a determination by the court. A parenting modification may require a change in the child support agreement as well.
If your living circumstances warrant, or you see a threat to the safety and well-being of your child in a current parenting arrangement, Mulyk Laho Law can help you reach the most fair and appropriate change of parenting order. Our attorneys are able to assist you in the following manners:
- Evaluate every aspect of your existing order
- Counsel you on the interaction with your ex-spouse
- Explain your prospects for change
- Formulate a strategy for parenting modification
- Complete the appropriate legal forms
- Guide you through the change order requirements and process
- Prepare you for any required mediation and contested hearings
A custodial parent cannot just pick up and move a child out-of-state without approval. According to Illinois statutes (750 ILCS 5/609a), a parent must get court authorization to remove the child from the State. A move is easier to facilitate with the permission of the non-custodial parent, but still must be approved. If you want to move your child out of state, or if you are seeking to block your child’s removal, the services of the experienced child custody attorneys at Mulyk Laho Law can get you the results you need. We are highly reputed throughout DuPage County for our successful advocacy for parental and child rights in custody and out-of-state removal cases.
In out-of-state removal cases, Illinois still retains jurisdiction over the child. The law requires the parent in temporary removal cases to:
- Inform the other parent, or the other parent’s attorney of the intent to move
- Give the address and telephone number where the child may be reached during the period of temporary removal
- Prove that such a move is in the best interest of the child
- Provide reasonable security guaranteeing the return of the child
- Provide the date on which the child will return
For a residential parent to move a minor child out of state on a permanent basis, the permission of the non-residential parent and the approval of the court must be sought. Such moves usually come when a residential parent is taking another job or getting remarried. The State will examine the motivations of the requesting parent and the objecting parent to make its determination, always guided by the best interest of the child.
A moving parent must:
- File a petition with the court for approval
- Present no potential harm to the child
- Prove the move protects the best interest of the child
- Accommodate the visitation rights of the non-residential parent
Mulyk Laho Law can help you with your petition for out-of-state removal or support your objection to a move that does not support your parenting rights or the best interests of your child. Generally the residential parent has an advantage in requesting an out-of-state move, but convincing arguments can be offered on both sides in a court hearing.
Contact our attorneys for an initial consultation. We handle cases throughout DuPage County and the surrounding Illinois communities.
When one parent leads a child to feel strong dislike and express hatred for the other parent, making contact from the rejected parent difficult or impossible, the action constitutes what Illinois law refers to as parental alienation (also described as Parental Alienation Syndrome or PAS). Illinois courts are always guided by the best interest of the child when deciding parenting time and responsibilities, child support, , or any accommodation for a minor child caught in the often-contentious circumstance of separating parents. If you are being alienated from your child, your rights (including Fathers’ Rights) can be protected. With the help of the experienced attorneys at Mulyk Laho Law, a petition can be filed with the courts that will help put a stop to this abusive behavior. We have successfully represented clients, all the way to the Illinois Supreme Court, who have suffered parental alienation throughout DuPage County and its surrounding Illinois communities.
Illinois courts have consistently ruled in favor of the target parents when they are able to prove alienating behavior was an attempt to justify a modification of parenting time. A qualified family law and divorce attorney is a great asset to assist you with your parental alienation case.
Our specialized family law attorneys at Mulyk Laho Law know the value of a positive relationship with a child cannot be understated. It is frustrating to have court-approved parenting time and interaction with your child thwarted by alienating actions. We have repeat referrals from clients whose rights to a harmonious relationship with their child have been restored. When we represent you in your parental alienation case, our goal is to use the law to help you reestablish your rightful place in the life of your child.
If you are involved in a divorce, paternity, or any legal action that may threaten your rights as a father, a lawyer skilled in fathers’ rights cases can make all the difference. The family law attorneys at Mulyk Laho Law will help you establish your parental rights in any court orders that potentially impact the course of your relationship with your child. We have successfully represented fathers throughout DuPage County and the surrounding communities.
Illinois courts guard the well-being of every child whose life is impacted through any family law matter that comes before it. It most decisions, it establishes the standards that support the rights and responsibilities of both parents. Sometimes fathers fail to get the protections and privileges they deserve, by rulings in the courts, or by actions of contentious ex-spouses or the mother of your child. You may feel the need for a lawyer by your side to protect your rights if you:
- Are involved in dissolution of marriage or a legal separation that will likely alter your time with your child
- Object to the out-of-state removal of your child
- Are suffering parental alienation from your child
- Father a child out of wedlock and have to establish paternity
- Have parenting rights that are being denied
- Are seeking more parenting time or vacation time with your child
- Need to participate in care-giving decisions for your child
- Want to block the adoption of your child by a second husband
- Need to secure inheritance, financial, medical, veteran, or social security benefits for your child
- Want to protect your child’s legal right to a father/child relationship
The family law attorneys at Mulyk Laho Law understand the importance of a father’s presence in the life of his child. No matter the issues that evolve between two parents, nothing should diminish the positive father/child relationship. When we represent you in your fathers’ rights case, we will protect the full range of your legal rights and help you gain the force of law to insure compliance with those rights.
- Provide parents the services and skills of a professional mediator
- Remove the contentiousness in dispute resolution through the mediation process
- Foster child-centered negotiations and agreements
- Resolve disagreements in a parenting plan
- Come to an agreement that is fair to both parties
Write a parenting plan that may be the basis for a workable parental allocation judgment. When two parents can voluntarily come to a mutually agreed upon parenting arrangement, the advice and counsel of an attorney is still useful in putting together the appropriate Parental Allocation Judgment for submission to the courts. When disputes block agreement, our attorneys, who are trained and experienced mediators, know that mediation may be the key to arriving at a mutual plan that will serve the best interest of your child.