Facing the Battle With Your Illinois Child Custody Lawyer
If you’re from Illinois and having problems in divorce situations that resulted to a child or children custody battle, better read this.
When you are about to put your marriage in separate directions, you must expect that it’s a long way to go. Certainly, ending your marriage in divorce can cost you to have the task of the equal sharing of properties and as well as you’re most prized possession - your child or children.
It’s very difficult to understand how to cope in a child custody battle. A marriage that ended in divorce can be the start of a legal battle on whom to keep the child or children. Since the couple is separated, the issue of bitterness is still very much alive on each part when they are about to have the custody of the child or children.
For in part of having the custody of the child or children, divorced parents are looking for experienced individuals with regards of child custody. In the state of Illinois, there are lots of good lawyers that can help you fight for your rights. It’s your way to find a good lawyer that will suit your needs.
Precisely, a lawyer must be consulted before any action is taken so as to keep respect regarding to child custody. You must consult your lawyer about all the issues including jurisdictional options and requirements. Your lawyer will base the action intended with respect to the law that protects the child’s or children’s best interest. Since the troubled parents are facing different hardships, they must give way to what is the best for the child or to the children.
Accordingly, your preferred Illinois lawyer will tell if your case can be heard pursuant to the following types of proceedings:
• If the case is under the Illinois Marriage and Dissolution of Marriage Act (IMDMA) which is part of the dissolution or in legal separation procedures.
• If the case is under the Illinois Marriage and Dissolution of Marriage Act (IMDMA) which is a part of an independent action, even though both parties are never married to each other.
• If the case is under the Illinois Parentage Act of 1984 in a move to set up parentage.
• Under the Juvenile Court Act of 1987, if the child has a case that includes situations like delinquent, neglected, and abused.
• Under the law of Probate Act of 1975, when care of the child or children is wanted.
• Under the law of the Adoption Act, pending the termination of both parental rights and temporary child custody.
In determining your rights to be heard, your lawyer will take the necessary actions in order to make the case settled as soon as possible. Moreover, your Illinois child custody lawyer will determine if the case will be prosper under certain conditions. An Illinois court will tell if the case will be heard if it’s under any one of the three situations and these are the following:
• If the state of Illinois is the home of the child at the time of the beginning of the proceedings or if the state is the child’s home within 6 months before the start of the proceedings. The child is not living anymore within the state as long as one of the parent or an individual acting as parent continues to reside in Illinois.
• If one of the parents has important connection with the state and interest of the child concerning the future care, training, protection is available in the state of Illinois.
• If the child is physically present in the state of Illinois and abandoned or mistreated and neglected.
• If the case appears when another state declined to apply its jurisdiction on the ground that only the state of Illinois is the place to take the appropriate judgment.
Finally, in resolving your case to whom the child rightfully belongs is just another phase of the process in divorce or in legal separation. With an involvement of an Illinois lawyer, their knowledge about the state’s child custody laws will surely help your case. Their helpful advices can help you to fully understand different options to bring the best interest to you and your child.