Law Firm of Wendy R Morgan

- DIVORCE & LEGAL SEPARATION INFORMATION -_

In dissolution of marriage and legal separation, there are basic issues that have to be resolved either through settlement or by trial. These basics include:

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- Grounds for dissolution of legal separation
- Property issues include real and personal
- Custody of children and visitation schedules
- Spousal maintenance
- Child support
- Attorney’s fees
- Temporary Provisions (support and custodial)
- Settlement
- Jurisdiction and Enforcement of Judgments

- CUSTODY -

            When you involved in, or contemplate, a divorce or legal separate proceeding, or become involved in a paternity action, difficult decisions must be made how your child(ren) will be cared for when you and the other parent begin to live in separate homes. Custody is the term that references how decisions will be made regarding your child or children under those circumstances. Questions arise as to how decisions will be made and input into decisions by the other parent regarding health, education, welfare and the like. Will these decisions be made jointly by both parties or will they be made by one parent solely?
            Child Custody is one of the main factors a Court must determine in any Dissolution, Legal Separation Case, or Paternity case. Our experienced attorneys at The Law Firm of Wendy R. Morgan understand the sensitive issues regarding child custody and visitation. Our firm has over 28 years experience handling these and other family law matters. The Law Firm of Wendy R. Morgan is acclaimed Statewide, Nationally and Internationally for assisting parents in child custody matters. Our law firm handles custody matters within the State of Illinois and both Interstate (between Illinois and another state), and Internationally (between Illinois and other Countries).
            Our skilled attorneys at The Law Firm of Wendy R. Morgan work carefully with our clients to make them aware of all options and the processes involved at each step of the way. Child custody and visitation are often the most emotional and complex issues involved in any of the legal actions for divorce, legal separation, or paternity. The Law Firm of Wendy R. Morgan is committed to assisting clients resolve these issues with a minimal effect on the child(ren).

            The guiding principal in all child custody and visitation matters is the best interests of the child(ren). Our Child Custody Attorneys work closely with our clients to assure that the interests of their family and their children is well represented. Our experienced attorneys at The Law Firm of Wendy R. Morgan know that custody is frequently a contested issue during a divorce, legal separation, and/or a paternity action.
            We explain to our clients the many phrases and terms used to describe child custody arrangements such as sole custody, joint custody, physical custody, split custody, share custody, legal custody, share parenting, custodial parent, residential parent and the like.

CHILDREN DO NOT CHOOSE
            Under Illinois Child Custody Laws, children do not decide or choose which parent will be their custodial parent. However, depending on the age and maturity of a child, their preferences are given appropriate weight by the Court in determining child custody orders and judgments.

CUSTODY EVALUATIONS AND WHAT YOU SHOULD KNOW
            If you or your spouse, former spouse or other natural parent, have been unable to reach an agreement regarding child custody, the Family Court Judge deciding your case may order a Custody Evaluation. A Custody Evaluation is a process in which a mental health professional, usually a Clinical Psychologist or Psychiatrist, evaluates you and your children, your spouse and/or other natural parent and significant others to make a custody and visitation recommendation to the Court. Courts tend to provide considerable weight to the recommendations of the Evaluator. Our Family Law Attorneys can explain Custody Evaluations and answer your Child Custody questions.
VISITATION
            Regardless of which parent is granted physical custody of a child or children, the non-custodial parent is almost always granted visitation. Parenting time arrangements are often negotiated between the parents with the assistance of their counsel. In more difficult instances, the Court may appoint a Child Representative or Guardian Ad Litem to advocate on the part of the child. These agreements require a specific schedule in writing to be entered by the Court. If the parents cannot agree, visitation schedules can be imposed by the Court following a contested hearing.
Visitation violations can also now be considered to be criminal conduct and may constitute a criminal misdemeanor. These violations can result in an arrest, jail time, loss of custody, (if a custodial parent fails to comply with the Court Order for visitation), and other sanctions.
Visitation may be affected by many factors, including, but not limited to, the proximity of the parents’ homes to each other, the parents’ working schedules, their prior involvement with the children, and the children’s needs and activities. Visitation is the actual schedule or amount of time each parent spends with their child. The underlying presumption is that children need both parents, unless certain facts exists which would make such contact comparable for the child or children. The fact that one parent does not believe the other parent has spent substantial time with a child during the marriage does not mean that that parent should not spend time with their children after the parties separate.
Families and inter-relationships are unique and can become complex. The Law Firm of Wendy R. Morgan works with our clients to present parenting time schedules and options that are structure to meet your family’s needs and circumstances.

GRANDPARENTS’ VISITATION
            Our attorneys have also assisted parents not only with visitation issues, but also with grandparents’ rights to visitation as well. Grandparents’ visitation rights are considered pursuant to Illinois State Statutes. Grandparents have limited rights to have Court ordered visitation or custody and the circumstances are fact specific. Courts acknowledge a parent’s fundamental right to raise his or her child and to make decisions concerning the child free from State intervention, absent a threat to the child’s health and safety. Court ordered grandparent visitation can be considered improper interference by the State in a parent’s fundamental rights to raise a child.
            However, under certain circumstances, grandparents have been awarded custody, visitation or guardianship of grandchildren when parents are not able or unfit to care for a child. Requirements in each of these circumstances are very fact specific and cannot be approached lightly.

SUPERVISED VISITATION
            upervised visitation may be necessary when one parent poses an endangerment to a child or children. Visitation can always be modified and our attorneys assist our clients in discussing and pursuing custody modifications, as well as child visitation modifications when these are in the best interest of the child as well.
If you have minor children, which in Illinois is defined as children who are not emancipated (have not graduated High School, or are under 19 years of age and are still in High School), “visitation” or “parenting time” is another decision you will have to consider.
Whether you develop a traditional visitation or custody schedule or a flexible co-parenting plan, whether the arrangements are temporary or permanent, you can help make the time you spend with you children happy and productive.
When questions regarding custody and visitation arise, our experienced Family Law Attorneys are the ideal sources for competent counsel. More than one million children experience divorce each year in the United States.

REMOVAL FROM THE STATE OF ILLINOIS
            Serious problems arise when one parent wants to move to another State in our Country or out of our Country where their new significant other or new spouse resides. When one parent desires to take a child out of the State to reside in another State or Country, the legal process is called “Removal”.
            Minor children from a divorced family cannot be “Removed” or permanently relocated out of the State without the consent of both parents or an Order of the Court. This is because the Courts are authorized to protect and maintain the relationship each parent has with his or her children after a divorce, legal separation or paternity case. A failure to obtain the Court’s permission to remove the child from Illinois through a “Removal” proceeding may be considered kidnapping and may be subject a parent to both criminal punishment, civil sanctions and may cause that parent to lose custody.
If a custodial parent wants to move out of State and take the minor child or children, and if the parents cannot agree, the Courts will make a determination based on the child’s best interests and all of the other relevant factors set forth in Section 609 of the Illinois Marriage and Dissolution of Marriage Act, which applies to all divorce, legal separation and paternity cases. The child’s best interest is the main standard.
            These are challenging and fact specific cases which often require experts to be retained to help the Court determine whether the move will benefit the child and whether the relationship of the child and the parent remaining in the State can be preserved.
Removal is not easy to obtain and requires the assistance and representations of experienced, competent attorneys. The Law Firm of Wendy R. Morgan is nationally known for its work in these areas. Our firm and its attorneys will assist you in discussing and determining whether removal is obtainable or whether you can have the ability to legally prevent removal by the other parent.

REMOVAL, INTERNATIONAL CUSTODY DISPUTES
            There are also instances where a parent takes the child to another state either prior to a filing for dissolution, separation, or paternity or after said filing. These actions become interstate custody disputes, between the State of Illinois and another state or international custody disputes if the child is taken out of the country and the dispute is between the State of Illinois and the other Country.
When a parent leaves the State or Country, custody and parenting time is always affected. There are important essential steps that you must take to protect your child and to minimize the chances that your child could be removed from the United States without your knowledge or consent. The United States has treaties and agreements for different countries and each country’s involvement in those treaties affects the steps that need to be taken or that can be taken to compel the return of a minor child improperly removed from this Country.
            International custody disputes are also called “Hague Convention” cases, when a child is taken out of the United States or brought into the United States by a parent over the objection of the other parent. Very few attorneys have the skill and experience to handle these complex interstate and international custody dispute cases. The Law Firm of Wendy R. Morgan is one of those very few family law firms who possess this expertise and specialty.
If you have any of these concerns, our experienced attorneys at The Law Firm of Wendy R. Morgan will discuss and assist you to protect your child or children.
            The Law Firm of Wendy R. Morgan is a well established Family Law practice with extensive experience handling all of these complex child custody and visitation matters, interstate and international disputes of custody matters, and removal matters for over 28 years.   Knowledgeable advice and scholarly representation from our experienced Family Law Attorneys is critical and necessary when pursuing these issues.

            If you have questions about child custody and visitation, contact The Law Firm of Wendy R. Morgan to schedule your consultation with our experienced Family Law Attorneys.

Call 24/7
Locally - 847-259-5700
or
Toll Free - 1(800) WR MORGAN / 1(800) 976-6742
for more information

- Office Hours 8:30 am to 5:30 pm CST -

- Evening Appointments Available -