About Illinois child custody law.
If you have kids and want to get divorced, you’re probably concerned about child custody issues. as in Illinois child custody lawyer, I’ve written this article to answer frequently asked questions about child custody.
You can contact us online, or text or call 312-554-5433 to get started with your case.
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There are so many things to worry about if you have a UCCJEA case. The UCCJEA, or Uniform Child Custody Jurisdiction and Enforcement Act, is the primary way that states of multiple courts determine in which state a child-related case should be heard.
If you have an Illinois UCCJEA case, then you need an Illinois UCCJEA lawyer – not any old divorce lawyer who dabbles in the UCCJEA anytime a case happens to roll into the office.
(more…)If your are getting divorce with kids in Illinois, then you’re probably thinking about “child custody.” But as of 2017, that’s a term no longer used in Illinois. It’s now called “allocation of parental responsibilities.” Per the Illinois Marriage and Dissolution of Marriage Act, there are various factors a judge is supposed to consider when making an “allocation” decision. As a divorce lawyer in Illinois, I’ve presented the factors in a FAQ format to help you better understand how a court will allocation parental responsibilities.
(more…)Divorcing parents in Illinois often have conflict over who will spend what time with the kids. As a Chicago divorce lawyer, I find that one way to maximize each parent’s time with the kids is to include a “right of first refusal” in a joint parenting agreement (JPA).
You may contact me, Chicago divorce lawyer David Wolkowitz online – and read below to learn a bit about the right of first refusal.
It is never easy to allocate parenting time in an Illinois divorce or child custody dispute – but the right of first refusal can help make this easier. Right of first refusal in custody situations commonly means that one parent must first offer the other parent the opportunity to look after their kids before contacting a babysitter or another family member to care for the children.
Right of first refusal typically applies to both planned and last minute situations. Therefore, if a parent makes plans for night out with friends two months, or even two days, prior to the actual event, they must offer the other parent the option to care for their children before making any other arrangements. If the other parent decides not to take the kids during this time, then a third party caretaker such as a friend, babysitter or other family member may be asked to care for the children instead. Right of first refusal may also apply to situations such as doctor’s appointments, vacations, after school daycare, and many other instances.
The right of first refusal helps parents avoid conflict because it helps maximize each parent’s time with the children. Further, when the right of first refusal is included in a JPA, parents are more likely to keep each other informed – and that can lead to better parenting. Ultimately, some of the stress inherent in divorce can be reduced.
I know that visitation and parenting time can be one of the most contentious issues in a divorce. As an Illinois family law attorney, I think helping my clients spend as much time as possible with their children is one of my most important goals.
If you are concerned about your time with your children, that’s understandable.You might be interested in a consultation with me, Chicago divorce lawyer David Wolkowitz. You may contact me online or at Three-One-Two-554-5433 .
As a Chicago divorce lawyer, I tell clients that in a child custody case, most decisions will be made according to the child’s “best interests,” pursuant to Section 601 of the Illinois Marriage and Dissolution of Marriage Act (the “IMDMA”). Therefore, in a child custody matter, a parent’s lawyer needs to apply the law to the sometimes confusing facts of a case.
Parents in a child custody case can be overwhelmed with evidence, or potential evidence. Part of the challenge is to determine what evidence is relevant, and what is not. It’s not productive to spend time on worrying about gathering evidence that would not be meaningful to a judge. Also, as I wrote in my article “Illinois child custody: Liars common, but not invincible,” lying in child custody cases is commonplace – proper evidence can be effective in defeating lies.
Evidence in a child custody case may include:
Parents in a child custody case are rightfully concerned about the cost of the case. To minimize costs, it is important to use a lawyer efficiently.
When I help a parent gather evidence for an Illinois child custody case, I like to help the parent understand how to organize the evidence, and how to communicate its relevance. As a Chicago child custody lawyer, I know that my clients benefit when I spend less time sorting through mounds of evidence, and more time determining how to best utilize that evidence.
In a child custody case, the major topics of disagreement are legal custody and parenting time. You will want to gather evidence that is useful for the goal you are trying to achieve.
Legal custody: Legal custody requires a determination of whether parents will have joint legal custody, or if one will have sole legal custody. Whether a parent has joint or sole custody does not determine how much time the child spends with each parent.
Parenting time (visitation): One parent may have sole legal custody, but a child still might spend equal time with both parents. Or, parents might share joint legal custody, but the child may spend 80% of his or her time with one parent.
As a Chicago divorce lawyer, I see people lie frequently. Very frequently. But in a hearing a few days ago, I almost completely dismantled the opposing client under cross-examination.
The problem with Illinois family law is that so much of it is “he said, she said.” There is so much “creativity” in testimony that’s it’s a wonder that judges don’t burst out in laughter.
However, the opposing party in my recent hearing seemingly has no bounds to her dishonesty. Though the case has been going on for more than six months (and my client was previously represented by a high-priced lawyer in a fancy building), the recent hearing was the first one wear the opposing client was actually made to account for her crazy accusations.
Under my cross examination, the other party stammered like a fool, to say the least. The problem for her was that her lies and intentional mischaracterizations have become so extravagant that she can’t possibly maintain believability.
I think one of my important tasks is to help my client focus on which of the other party’s lies are potentially substantive, and which are drivel. Then, of the lies that are substantive, I believe in helping my client assembler the evidence required to expose the other party appropriately.
People that lie in court commit perjury. It is almost impossible to get the state’s attorney to prosecute a perjury case. However, one can also be held in contempt of court for lying in court – an option I’m more than willing to explore for my clients.
It is important to understand that child custody liars don’t just lie on the stand, they lie at every opportunity, such as in a UCCJEA judicial teleconference when the are trying to effectuate what amounts to a kidnapping; see my article titled “Interestate child custody jurisdiction: UCCJEA ‘judicial teleconference’ is critical” to find out more about that.
If you have an Illinois child custody emergency, you may need to act quickly.
Consider the situation encountered by one of my colleagues. He received a very distressing telephone call from a mother in child custody dispute. She was in an absolute panic. “They’re going to take away my two girls,” she said.
She felt there was clear evidence that the father was abusing the children, but she couldn’t make her case in court.
She tried her best to explain her situation between bursts of tears. The father had hired an attorney and the mother did not. She said there was a court hearing in only a half hour, and it was about whether the mother would be jailed for disobeying a court order by keeping her children from their father. According to the mother, she had good reason to keep the girls away from their father. But now, she was in hot water – even though she wanted to protect her children.
If you are in an Illinois child custody dispute, it may very well be in your best interest to consult a Chicago divorce lawyer. While you understandably don’t want to waste money on at attorney, as the case just described shows, you could be setting yourself up for a major problem.
If you have an Illinois child custody emergency, please contact me, Chicago, Evanston and Schaumburg family law attorney David Wolkowitz; I may be able to help.