A Joint Parenting Agreement can be an excellent tool for settling disputes between spouses. The Agreement spells out each party’s rights and obligations, hopefully preventing a return visit before a Judge.
Nevertheless, an Agreement must be carefully drafted, or you might be forced into a situation that you later regret.
A recent Illinois Supreme Court decision held that a Joint Parenting Agreement is a contract and will be enforced, even if one party later changes their mind. In http://www.state.il.us/court/Opinions/SupremeCourt/2012/113474.pdf>In Re Marriage of Coulter</a> , a husband attempted to stop his wife from moving the children to Australia. The Joint Parenting Agreement, however, allowed the wife to do so. The husband argued that the Court had not determined whether the move was in the best interests of the children.
The Illinois Supreme Court disagreed. The Court reasoned that the Joint Parenting Agreement was a negotiated agreement, entered as part of the divorce judgment. The terms implied agreement had been reached regarding the best interests of the children. The Agreement would thus be enforced.
Does that mean you can never change a Joint Parenting Agreement once entered by the Court? Not completely. The Supreme Court held open the possibility that the husband could still modify an Agreement if there has been a change in circumstances. See our related blog at http://childcustodylawyerchicagoil.blogspot.com/2012/04/can-i-change-custody-of-my-child-after_24.html
The issue of parenting agreements can be extremely tricky with many land mines along the way. If you have questions about an agreement or other child custody issue, you should speak with an experienced family law attorney. An experienced attorney can help present your case in its best possible light.
If you have questions about this or another domestic relations matter, please contact Zachary W. Williams at 1-312-981-0851 or email zwwlawyer@gmail.com.
Showing posts with label child custody. Show all posts
Showing posts with label child custody. Show all posts
Wednesday, December 12, 2012
Wednesday, July 25, 2012
CAN A GRANDPARENT OBTAIN CUSTODY IN ILLINOIS
As a responsible grandparent, you have legitimate concerns about how your grandchildren are being raised. In truth, you think they might be better off with you than their parent. Can you get custody?
In Illinois, grandparents generally do not have standing to petition for custody except under a limited set of circumstances. The Illinois Supreme Court has essentially said that grandparents do not have rights to their grandchildren. However, in some cases, the grandparent will prevail.
Grandparents can petition a court for custody when a parent has died and the surviving parent falls under certain categories. Either the surviving parent has disappeared without word of his or her whereabouts, or the surviving parent is in jail, or the surviving parent was convicted of a domestic violence offense against the deceased parent.
Even if both parents are alive, you might still be eligible for custody if your grandchildren live with you, and both parents are either on drugs or are incarcerated. In these cases, the Department of Children and Family Services has usually become involved.
Often, a grandparent will consider custody when their child has died, and they do not have a good relationship with the surviving parent. Not getting along with the surviving parent or being barred from seeing your grandkids is not sufficient grounds for a change of custody.
If you think you might have grounds for custody, contact an experienced child custody attorney to review your case. An experienced attorney can evaluate whether your case falls within the narrow rules for taking custody away from a lawful parent. Often, the answer may be no. But if there is sufficient justification under Illinois law, you may succeed.
If you have questions about this or another domestic relations matter, please contact Zachary W. Williams at 1-312-981-0851 or email zwwlawyer@gmail.com.
In Illinois, grandparents generally do not have standing to petition for custody except under a limited set of circumstances. The Illinois Supreme Court has essentially said that grandparents do not have rights to their grandchildren. However, in some cases, the grandparent will prevail.
Grandparents can petition a court for custody when a parent has died and the surviving parent falls under certain categories. Either the surviving parent has disappeared without word of his or her whereabouts, or the surviving parent is in jail, or the surviving parent was convicted of a domestic violence offense against the deceased parent.
Even if both parents are alive, you might still be eligible for custody if your grandchildren live with you, and both parents are either on drugs or are incarcerated. In these cases, the Department of Children and Family Services has usually become involved.
Often, a grandparent will consider custody when their child has died, and they do not have a good relationship with the surviving parent. Not getting along with the surviving parent or being barred from seeing your grandkids is not sufficient grounds for a change of custody.
If you think you might have grounds for custody, contact an experienced child custody attorney to review your case. An experienced attorney can evaluate whether your case falls within the narrow rules for taking custody away from a lawful parent. Often, the answer may be no. But if there is sufficient justification under Illinois law, you may succeed.
If you have questions about this or another domestic relations matter, please contact Zachary W. Williams at 1-312-981-0851 or email zwwlawyer@gmail.com.
Tuesday, April 24, 2012
CAN I CHANGE THE CUSTODY OF MY CHILD AFTER A DIVORCE?
During your divorce, you agreed to allow your spouse to have custody of your children. Now, he or she has a live-in partner who you believe mistreats them. Or maybe you simply feel your former spouse is too strict, or not strict enough. At this point, you think your children would be better off with you.
Can you change your custody order? What is the procedure?
Before petitioning the court for a change in custody, we must determine whether at least two years have elapsed since the Judgment awarded custody to the other spouse. If it has been less than two years, the Court will not change custody unless there has been an extraordinary change in circumstances. According to Illinois law, you must show by clear and convincing evidence that the "child’s present environment may endanger seriously his physical, mental, moral or emotional health." (750 ILCS 5/610.) Is the new partner abusing your child? Is your ex-spouse doing drugs or neglecting your children in some serious way?
An exception to the two year requirement is if your former spouse intends to move in or marry a sex offender. A motion to change custody under those circumstances can be made at any time. (750 ILCS 5/609.5.)
If the Judgment is more than two years old, then you need only show a change in circumstances. For example, your child is now an adolescent and needs to live with the same sex parent, or your child doesn’t get along with a new stepparent or stepsibling.
To start a change in custody proceeding, you must file a petition or motion requesting the change with the Court. If you and your former spouse agree on the change, the Court may enter an order reflecting your agreement. If not, your motion must be served on your ex-spouse and your ex-spouse will be given time to respond. Most likely, the parties would ask for some discovery about the matter. Discovery is the opportunity to obtain evidence from the other parent or a third party. You may wish to obtain school records or medical records to document your child’s situation. The parent who wants to keep custody might ask for information about your activities.
The court may next appoint a child representative. This is an attorney who advocates for the best interests of your child. A child custody expert may also be appointed. The child custody expert usually has a psychological or social work background. The expert might meet with both parents and observe them with the child. They may require psychological testing and may issue a recommendation about the change in custody.
Often, parents will come to an agreement after the expert issues their report. If not, you will have an opportunity to present your side of the story at a hearing before a judge. The judge will then order the change of custody or deny your request. If your request is denied, you can consider the possibility of appealing the judge’s decision.
While it is difficult to set a time table, most child custody proceedings resolve in six months to a year.
If you have questions about this or another domestic relations situation, please contact Zachary W. Williams at 1-312-981-0851 or email to: zwwlawyer@gmail.com
Source: http://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=075000050HPt+VI&ActID=2086&ChapterID=59&SeqStart=8300000&SeqEnd=10000000
Can you change your custody order? What is the procedure?
Before petitioning the court for a change in custody, we must determine whether at least two years have elapsed since the Judgment awarded custody to the other spouse. If it has been less than two years, the Court will not change custody unless there has been an extraordinary change in circumstances. According to Illinois law, you must show by clear and convincing evidence that the "child’s present environment may endanger seriously his physical, mental, moral or emotional health." (750 ILCS 5/610.) Is the new partner abusing your child? Is your ex-spouse doing drugs or neglecting your children in some serious way?
An exception to the two year requirement is if your former spouse intends to move in or marry a sex offender. A motion to change custody under those circumstances can be made at any time. (750 ILCS 5/609.5.)
If the Judgment is more than two years old, then you need only show a change in circumstances. For example, your child is now an adolescent and needs to live with the same sex parent, or your child doesn’t get along with a new stepparent or stepsibling.
To start a change in custody proceeding, you must file a petition or motion requesting the change with the Court. If you and your former spouse agree on the change, the Court may enter an order reflecting your agreement. If not, your motion must be served on your ex-spouse and your ex-spouse will be given time to respond. Most likely, the parties would ask for some discovery about the matter. Discovery is the opportunity to obtain evidence from the other parent or a third party. You may wish to obtain school records or medical records to document your child’s situation. The parent who wants to keep custody might ask for information about your activities.
The court may next appoint a child representative. This is an attorney who advocates for the best interests of your child. A child custody expert may also be appointed. The child custody expert usually has a psychological or social work background. The expert might meet with both parents and observe them with the child. They may require psychological testing and may issue a recommendation about the change in custody.
Often, parents will come to an agreement after the expert issues their report. If not, you will have an opportunity to present your side of the story at a hearing before a judge. The judge will then order the change of custody or deny your request. If your request is denied, you can consider the possibility of appealing the judge’s decision.
While it is difficult to set a time table, most child custody proceedings resolve in six months to a year.
If you have questions about this or another domestic relations situation, please contact Zachary W. Williams at 1-312-981-0851 or email to: zwwlawyer@gmail.com
Source: http://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=075000050HPt+VI&ActID=2086&ChapterID=59&SeqStart=8300000&SeqEnd=10000000
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