Child Custody Legal Services

in Illinois divorce cases, a parental allocation judgment, child support, and parenting time are based upon what the court perceives to be the best interest of the child. State law (750 ILCS 5/601) allows for a change or modification of a custody judgment when the order is no longer safe, practical, or workable in supporting the well-being of the child. Mulyk Laho Law can help you petition the court for a modification to your original custody agreement. Our team of family law and divorce lawyers knows the provisions of child custody law, and is highly skilled in securing changes for clients in courtrooms throughout Chicago, DuPage, Kane, Kendall and Will County.

Illinois courts vigorously enforce the appropriate implementation of and compliance with the parenting orders it renders. Generally, these judgments cannot be changed for at least two years, unless there is present or eminent physical, emotional, moral, or mental danger to a child in the current living situation. Barring danger, the court may also make changes when one or both parents present valid circumstances that warrant an alteration.

One parent, both parents, Department of Children and Family Services, or another state child support agency may petition for a parenting modification. 

Requests for change of parenting may relate to:

• Recurring child disputes between parents, such as threatening or profane communication issues, supervision, discipline, other people in the home having a negative impact upon the child
• Breaches in the terms of the prior judgment/order, such as parenting requirements
• Healthcare, illness, or disability of a parent or child
• Incarceration of a parent
• Child living with a sex offender
• Living circumstances that warrant an alteration in the order, such as remarriage, relocation or changes in residence or housing facilities
• Death of a parent
• Military service duty

If both parents want a parenting order changed, they may present a joint parenting agreement to the court. If they disagree, one parent can file a petition requesting a change in parenting with the court, serve the papers on the other parent, possibly attend mediation, and proceed to hearing for a determination by the court. A parenting modification may require a change in the child support agreement as well.

If your living circumstances warrant, or you see a threat to the safety and well-being of your child in a current parenting arrangement, Mulyk Laho Law can help you reach the most fair and appropriate change of parenting order. Our attorneys are able to assist you in the following manners:

• Evaluate every aspect of your existing order
• Counsel you on the interaction with your ex-spouse
• Explain your prospects for change
• Formulate a strategy for parenting modification
• Complete the appropriate legal forms
• Guide you through the change order requirements and process
• Prepare you for any required mediation and contested hearings

A custodial parent cannot just pick up and move a child out-of-state without approval. According to Illinois statutes (750 ILCS 5/609a), a parent must get court authorization to remove the child from the State. A move is easier to facilitate with the permission of the non-custodial parent, but still must be approved. If you want to move your child out of state, or if you are seeking to block your child’s removal, the services of the experienced child custody attorneys at Mulyk Laho Law can get you the results you need. We are highly reputed for our successful advocacy for parental and child rights in custody and out-of-state removal cases.

In out-of-state removal cases, Illinois still retains jurisdiction over the child. The law requires the parent in temporary removal cases to:

• Inform the other parent, or the other parent’s attorney of the intent to move
• Give the address and telephone number where the child may be reached during the period of temporary removal
• Prove that such a move is in the best interest of the child
• Provide reasonable security guaranteeing the return of the child
• Provide the date on which the child will return

For a residential parent to move a minor child out of state on a permanent basis, the permission of the non-residential parent and the approval of the court must be sought. Such moves usually come when a residential parent is taking another job or getting remarried. The State will examine the motivations of the requesting parent and the objecting parent to make its determination, always guided by the best interest of the child.

A moving parent must:

• File a petition with the court for approval
• Present no potential harm to the child
• Prove the move protects the best interest of the child
• Accommodate the visitation rights of the non-residential parent

Mulyk Laho Law can help you with your petition for out-of-state removal or support your objection to a move that does not support your parenting rights or the best interests of your child. Generally the residential parent has an advantage in requesting an out-of-state move, but convincing arguments can be offered on both sides in a court hearing.

Contact our attorneys for an initial consultation. We handle cases throughout DuPage County and the surrounding Illinois communities.

When one parent leads a child to feel strong dislike and express hatred for the other parent, making contact from the rejected parent difficult or impossible, the action constitutes what Illinois law refers to as parental alienation (also described as Parental Alienation Syndrome or PAS). Illinois courts are always guided by the best interest of the child when deciding parenting time and responsibilities, child support, or any accommodation for a minor child caught in the often-contentious circumstance of separating parents. If you are being alienated from your child, your rights can be protected. With the help of the experienced attorneys at Mulyk Laho Law, a petition can be filed with the courts that will help put a stop to this abusive behavior. We have successfully represented clients, all the way to the Illinois Supreme Court, who have suffered parental alienation throughout DuPage County and its surrounding Illinois communities.

Illinois courts have consistently ruled in favor of the target parents when they are able to prove alienating behavior was an attempt to justify a modification of parenting time. A qualified family law and divorce attorney is a great asset to assist you with your parental alienation case.

Our specialized family law attorneys at Mulyk Laho Law know the value of a positive relationship with a child cannot be understated. It is frustrating to have court-approved parenting time and interaction with your child thwarted by alienating actions. We have repeat referrals from clients whose rights to a harmonious relationship with their child have been restored. When we represent you in your parental alienation case, our goal is to use the law to help you reestablish your rightful place in the life of your child.

Under the Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5/609), when parents come before the courts for a divorce, the circuit court will order their participation in mediation to assist in reaching agreements on child-related disputes. The skilled mediation attorneys at Mulyk Laho Law can help you get through this process expediently.

The goal of dispute mediation is to:

• Provide parents the services and skills of a professional mediator
• Remove the contentiousness in dispute resolution through the mediation process
• Foster child-centered negotiations and agreements
• Resolve disagreements in a parenting plan
• Come to an agreement that is fair to both parties

Write a parenting plan that may be the basis for a workable parental allocation judgment. When two parents can voluntarily come to a mutually agreed upon parenting arrangement, the advice and counsel of an attorney is still useful in putting together the appropriate Parental Allocation Judgment for submission to the courts. When disputes block agreement, our attorneys, who are trained and experienced mediators, know that mediation may be the key to arriving at a mutual plan that will serve the best interest of your child.