Anderson & Boback Family Law Attorneys

  Oftentimes while a family law case is pending, parents will need or want to move with their minor children . The child relocation law in Illinois as of 2021 indicated that you need to seek approval for relocation from the Court if you want to move your minor child(ren) more than 25 miles away from their current residence. However, under the Illinois statute, as written in 2021, it indicates that “a parent who has been allocated a majority of parenting time or either parent who has been allocated equal parenting time may seek to relocate with a child.”  Judges and attorneys have interpreted this section to mean that until a parenting time schedule is in place, a parent cannot seek relocation, because it is unknown if that parent has the “majority” of parenting time or “equal” parenting time, until, at a minimum, there is a parenting time schedule in a custody order.  New Temporary Child Relocation Law Many Judges have also been interpreting the child relocation law to ...

  In Illinois, we have abolished using the term “custody” and now refer to parenting time as the schedule which dictates where the child resides, and when.  Clients often ask whether or not it matters if the child has an opinion as to where they reside, or how often they spend time with each parent, and the answer is complicated. Whether or not a child's preference weighs in on parenting time and custody decisions depends on a variety of factors. Can a child choose which parent they want to live with? No.  It is not up to the child to choose who they reside with.  However, their opinion can be considered in very specific circumstances once they have reached an age where they are mature enough to form a well-reasoned opinion about this.  More on this below. What pitfalls do I need to look out for when presenting information to the Court about my child’s preferences? In Illinois, the Courts go out of their way not to place children in the middle of litigation and...

If you and your spouse are able to reach an agreement on all of the issues of divorce, that is a great start to the process. In an uncontested divorce, once that agreement has been reached, or even before, the next step is asking yourself whether or not it is beneficial for you or your spouse, or both of you, to obtain the advice of a divorce attorney to finalize your case. When a spouse in a divorce case chooses to represent themselves in their divorce, they are held to the same standard as a divorce attorney . They are required to understand and follow the court procedures, and also know the laws that apply to the details of their case. The benefit of not having an attorney to finalize the case is not paying attorney fees, however, usually, the risks of not having an attorney outweigh the benefit of not having any legal fees. The attorney’s role in a divorce case is to obtain all the facts of a case to divide the assets and debts equitably between the parties, and to address all othe...

When parents end their relationship, it's rarely easy especially if there are disagreements over custody. As Chicago child custody attorneys , we're often asked for guidance on what you should bring up in a child custody case to show you are the " better parent ".  If you are anticipating a child custody case in Chicago, here's what you need to know. What are Cook County Judges Looking For in Child Custody Cases? When a child custody case comes before a Cook County judge, their focus is trying to protect the well-being of the child while facilitating a relationship with both parents. Custody cases are always a delicate balance between the best interests of the child and the constitutional rights of the parents. So, when deciding how to divide a child’s time between the parents, the court is looking at the actions of the parents, both in how they treat the child and how they treat each other. When looking at the issue of custody, judges typically do not want to di...