Peoria Child Custody Lawyer
How can a mother lose custody of their child in Illinois?
A mother can lose custody of their child in a Peoria family court with the following factors:
- Alcohol or Drug Abuser: A mother abusing drugs or alcohol while having custody of a child is a way to lose custody of your child. Whether or not the child is there is still a way to lose custody of your child.
- Domestic Abuser: Abuse in front of the child will cause an investigation by the Illinois Department of Child Services for neglect. Physical abuse even by a mother is considered domestic violence. A mother can lose custody of their child for being abusive towards the father.
- Lack of Involvement: If the mother does not meet most of the child’s basic needs, such as participating in the child’s life, the court will most likely grant custody to the parent who has been meeting the child’s needs consistently.
- Poor Online Activities: In Illinois, if the mother is posting videos of them endangering, or constantly trash-talking the other parent the mother can lose custody.
- Against Father/Child Relationship: If the mother keeps trash-talking the father even online or offline, she can still lose custody of the child.
What legal rights does a non-custodial parent have?
In Illinois, the legal rights that a non-custodial parent has is only having certain visitation privileges; an example would be only being able to see their child during specific weekends or certain times of a day. Non-custodial parents are parents who don’t have primary custody of the child. If a non-custodial parent wants to make an appeal in family court, it is important that they work with a skilled Peoria custody lawyer.
How Courts Determine Child Custody
One of the most delicate and emotionally difficult aspects of legal separation and divorce is child custody. Parties must come to a mutual agreement on custody and visitation. In the event that an arrangement cannot be agreed upon, the parents must petition the court for custody.
When parents petition the court for custody, the court will make its determination on the basis of the best interests of the child. In considering the child's best interests, the court will look at the following factors:
- Parents' wishes
- Child's wishes
- Child's relationship with each of the parents
- Child's adjustment to home, school, and community
- Mental and physical health of all concerned
- Any history of domestic violence or threats of violence against the child or another person
- Each parent's willingness to encourage a relationship with the other parent
- Whether each parent is a sex offender
- Whether each parent is in active military service
- Witness testimony - 3rd party evaluation
Family courts prefer to award joint legal custody to both parents. Joint physical custody is determined either by agreement between the parents or by order of the court. To determine whether joint custody is appropriate, the family court will consider the best interests of the child and the living accommodations of each parent. Parents who are awarded joint custody must sign a Joint Parenting Agreement, which delineates each parent's rights and responsibilities for the care of the child.
The Joint Parenting Agreement will contain a mediation clause, which requires the parents to settle any disputes regarding the joint custody arrangement through mediation. In this state, child custody may not be modified for at least 2 years after the original custody order, unless the court is convinced that the existing custody arrangement will endanger the child's physical, mental, moral, or emotional health.
The Benefits Of Working With Our Legal Team
At McCall Law Offices, P.C., our experienced Peoria family law attorney is well-versed in the laws that govern many complex issues that may complicate family law cases. This is especially beneficial to clients who fear contentious courtroom battles. You can turn to our child custody law firm for a legal team that is dedicated, experienced, and results oriented. We have 10 years of experience with a record of successful results for our clients. Go here to see our case results. Attorney McCall's skills have been recognized through many awards, including:
- Avvo Superb Rating for family law and divorce
- Avvo Client's Choice Award in 2013
- Super Lawyers® listing among Rising StarsSM for 2 years in a row
- American Society of Legal Advocates listing among the Top 40 Under 40, an honor bestowed on less than 2% of the lawyers in the U.S.
Can I Stop Child Support from Taking my Tax Return?
You must be delinquent in your child support debt. If you are current your refund cannot be seized. If you are delinquent in both child and spousal support, both can be collected through your tax refund. If the custodial parent is on TANF support, you must owe at least $150, or $500 if it is a non-TANF situation. In other words, it can be collected until the back child support is paid off.
What Makes a Parent Unfit for Child Custody in Illinois?
Various factors that directly affect the child's well-being are assessed in Illinois to determine a parent's fitness for child custody. An unfit parent may be ruled unfit if their behaviors or conditions jeopardize the safety, health, or development of the child.
Common factors that may contribute to a parent being considered unfit include:
- Abuse or Neglect: Any history of child abuse or neglect, physical or emotional, raises serious concerns about a parent's suitability for custody.
- Substance Abuse: Ongoing issues with drug or alcohol abuse can significantly affect a parent's ability to provide a stable and secure environment for the child.
- Domestic Violence: Participation in incidents of domestic violence, especially when the child is a witness or victim, can influence a parent's entitlement to custody.
- Mental Health Issues: Severe mental health conditions that impair a parent's ability to care for and make decisions in the child's best interests can lead to unfitness.
- Criminal Activity: Involvement in criminal activities or a criminal history, especially if it poses a risk to the child, may be considered during custody evaluations.
Illinois family courts carefully consider these factors, aiming to ensure the child's safety and well-being. Parents must address and rectify any issues that may be perceived as making them unfit, demonstrating a commitment to the child's best interests during custody proceedings.
We Go the Extra Mile to Make You Feel Comfortable
Our Peoria divorce attorney at McCall Law Offices, P.C. can help you work toward an amicable solution so you do not have to deal with the emotional hardships and financial costs of contentious litigation. The approach used by our firm is not aggressive or hostile -- we try to foster common ground where both parties can openly discuss their concerns and remain cordial in chalking out a parenting plan. Our Peoria child custody attorney has been a member of the Board of Directors for the Center for Prevention of Abuse, which focuses on victims in abusive relationships, children, education and rehabilitation for abusers. We are well-poised to handle complex cases and antagonistic attitudes effectively and swiftly.
It is best if couples agree to a custody arrangement without dragging the matter to court. It can be quite emotionally draining to navigate the process and options you must choose once you have filed your petition in court. When the matter is handled in court, the court will make the decisions for you -- from declaring who will be the custodial parent and who will get physical and legal custody to outlining the terms of the visitation rights.
Our Peoria child custody attorney will fight for your parental rights.
You will definitely want to make decisions that are in the best interests of your child or children. Let our knowledgeable Peoria family law attorney help you make informed decisions that do not adversely affect your children in the present or the future. We can also assist in matters of child custody modifications and other Peoria family court matters,
He is very straight foreword and knowledgeable about the law.- Steve
Very punctual and keeps his word! If he says he will do something he does it! A great person to have on your side- Kaylah G.
Honest initial appraisal of your case, follow up emails and a sincere personable approach.- Anonymous
Mr. Mccall handled my case very swiftly and I am very satisfied with the outcome.- Amber A.
This practice is incredible. There is no question that this is one of the best practices I have ever come across.- Jaymiya C.
I was happy with the results of my case and would recommend his office to anyone.- Kelly K.