Because nothing is more important than your CHILDREN, your FINANCES, and your FUTURE!

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Child Custody Lawyers · Visitation · Removal

Attorneys at Wakenight & Associates, P.C., are dedicated to  protecting your children and your parental rights. 

Law Offices of Wakenight & Associates, P.C.

The most complicated and important cases in Illinois divorce and family law are custody and removal cases, because they decide the fate of children.

Lawyers at our Oak Park, Mokena, and Lombard offices serve clients throughout Cook, DuPage, Will, and and Kane counties.

Contact one of our offices for help in finding the solutions you need for visitation and child custody. A lawyer will be happy to talk with you for free about Illinois custody and visitation law and the options available to you.

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Where will my child custody case be heard?

If you are seeking an initial custody or removal order, regardless of whether you were ever married to the other parent, the general rule is that the County where the child has resided for the last six months will be the County where the case will be heard. Our child custody and visitation attorneys primarily serve clients in DuPage County, Cook County, Kane County, and Will County.

If the child has already been removed from Illinois within the last six months and prior to that removal the child resided in Illinois for at least six consecutive months then the originating County in Illinois will most likely be the County where the case will be decided, if you file your case in time.

If you are seeking to modify an existing court order the originating State will most likely be the State where the case will be decided, but there are exceptions.

What happens in an Illinois custody or removal case?

In many contested custody and removal cases the parents are required to complete a class to educate you on the impact of your case on your child and to participate in mediation to determine if the parents can reach an agreement.

If you are not able to agree then the Family Court will seek independent outside assistance to help it evaluate the custody or removal issue. This assistance can come in the form of an attorney for the child, a home study or a custody or removal evaluation by an "expert."

Each parent also has the option of petitioning the Court to hire his or her own "expert" to examine the situation. Such professionals, however, are fiercely independent, as is required by their profession, and they are charged with reporting to the Court what they think is best for the child and not what you want reported. This is not to say that what the expert concludes is necessarily correct or accurate. Different experts may reach different conclusions in the same case.

If the written reports of the experts do not stimulate an agreement then the final steps are taken to gather evidence and the case is set for trial.

What does Illinois child custody law say?

Section 750 ILCS 5/602, "Best Interest of the Child," of the Illinois Compiled Statutes reads as follows:

"(a) The court shall determine custody in accordance with the best interest of the child. The court shall consider all relevant factors including:

1. the wishes of the child's parent or parents as to his custody;
2. the wishes of the child as to his custodian;
3. the interaction and interrelationship of the child with his parent or parents, his siblings and any other person who may significantly affect the child's best interest;
4. the child's adjustment to his home, school and community;
5. the mental and physical health of all individuals involved;
6. the physical violence or threat of physical violence by the child's potential custodian, whether directed against another person;
7. the occurrence of ongoing abuse as defined in Section 103 of the Illinois Domestic Violence Act of 1986, whether directed against the child or directed against another person; and
8. the willingness and ability of each parent to facilitate and encourage a close relationship between the other parent and the child.

In the case of a custody proceeding in which a stepparent has standing under Section 601, it is presumed to be in the best interest of the minor child that the natural parent have the custody of the minor child unless the presumption is rebutted by the stepparent.

"(b) The court shall not consider conduct of a present or proposed custodian that does not affect his relationship to the child.

"(c) Unless the court finds the occurrence of ongoing abuse as defined in Section 103 of the Illinois Domestic Violence Act of 1986, the court shall presume that the maximum involvement and cooperation of both parents regarding the physical, mental, moral, and emotional well-being of their child is in the best interest of the child. There shall be no presumption in favor of or against joint custody."

What does Illinois child removal law say?

750 ILCS 5/609, "Leave to Remove Children," of the Illinois Compiled Statutes reads as follows:

"a) The court may grant leave, before or after judgment, to any party having custody of any minor child or children to remove such child or children from Illinois whenever such approval is in the best interest of such child or children. The burden of proving that such removal is in the best interests of such child or children. When such removal is permitted, the court may require the party removing such child from Illinois to give reasonable security guaranteeing the return of such children.

"b) Before a minor child is temporarily removed from Illinois, the parent responsible for the removal shall inform the other parent, or the other parent's attorney, of the address and telephone number where the child may be reached during the period of temporary removal, and the date on which the child shall return to Illinois.

The State of Illinois retains jurisdiction when the minor child is absent from the State."

The Eckert Case

In 1988, the Supreme Court of Illinois addressed the issue of removal in the case of In re the Marriage of Eckert, 119 Ill.2d 316, 518 N.E.2d 1041 (1988).

The Court applied the analysis found in Section 5/609 and held that the best interests standard in removal cases shall be determined by examining the following five (5) subjective measures:

1. Will removal enhance the quality of life of the child and the custodial parent?
2. Are the motives of the party seeking to remove pure, or is it a ruse to interfere with the parental involvement of the other parent?
3. Are the motives of the party seeking to block removal pure?
4. What impact will removal have on the visitation rights of the non-custodial parent?
5. Can a realistic visitation schedule be created that will ensure the continued contact and maintain the existing involvement of the non-custodial parent with the child?

Since the Eckert ruling, additional cases have refined the Illinois Supreme Court analysis but the cornerstones of removal litigation are still today Section 5/609 and the Eckert case.

Visitation in Illinois is a right  – not a privilege

Parents get to see their children! Even if a parent seriously endangers their child, they still get to visit with their child, but the visitation will be supervised.

Where will my Illinois visitation rights case be heard?

The case will usually be heard in the County where the child resides. For purposes of interstate litigation visitation is a form of custody.

What happens in an Illinois child visitation case?

Because the right to visitation is so strong visitation is routinely ordered without much litigation. In cases where the opposition to visitation is strong, due to a serious endangerment charge, the Court has all the tools that are available in a custody dispute including, education classes, mediation, appointing a child's attorney, home study, appointing expert evaluators, etc.

What does Illinois child visitation law say?

A parent not granted custody of the child is entitled to reasonable visitation rights unless the court finds, after a hearing, that visitation would endanger seriously the child's physical, mental, moral, or emotional health.

750 ILCS 5/607(a):

"... the court shall not restrict a parent's visitation rights unless it finds that the visitation would endanger seriously the child's physical, mental moral or emotional health.

750 ILCS 5/607(c):

In Heldebrandt v. Heldebrandt, the trial Judge restricted visitation without a specific finding of endangerment and was reversed on appeal as the Appellate Court summarized the law on visitation as follows:

"A trial court must hold hearing on the issue of restricted visitation and should grant restricted visitation only after making the extraordinary finding that visitation would seriously endanger the child's physical, mental, moral or emotional health. (Citation omitted)

"The serious endangerment standard contained in 607(c) of the Act is onerous, stringent and rigorous to meet because liberal visitation is the rule and restricted visitation is the exception. (Citation omitted)

"The custodial parent carries the burden of proving by a preponderance of the evidence that visitation with the non-custodial parent would seriously endanger the child. (Citation omitted)

"Use of a best interests standard, rather than the serious endangerment standard, constitutes reversible error. (Citation omitted)"

Heldebrandt v. Heldebrandt, 251 Ill.App. 3d 950, 623 N.E.2d 303 (4th Dist. 1993)

A restriction on visitation is action which limits, restrains, or confines visitation within bounds; termination of visitation, prohibition against overnight visitation, requirement that visitation be supervised, requirement that visitation occur in home of custodial parent and requirement that visitation occur outside home of non-custodial parent are all restrictions on visitation.

In re Marriage of LaTour, 241 Ill.App. 3d 500, 608 N.E.2d 1339 (4th Dist. 1993)

The preponderance of the evidence has been defined as evidence sufficient to incline an impartial and reasonable mind to one side of an issue rather than the other. A proposition proved by a preponderance of the evidence is one that has been found to be more probably true than not.

In re Estate of Ragen, 79 Ill.App.3d 8 at 13 (1st Dist. 1979)

If you need representation in any Illinois child custody, visitation, or child removal case, contact a family law lawyer at Wakenight & Associates, P.C., for a free phone consultation.

Law Offices of Wakenight & Associates, P.C.

Visitation Attorneys · Child Support Lawyers · Child Removal Law Firm

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Wakenight & Associates, P.C., serves Illinois clients in the Chicago area, in communities such as Oak Park, Elmwood Park, Cicero, Maywood, LaGrange, Oak Lawn, Orland Park, Tinley Park, Bridgeview, Harvey, Markham, Joliet, Bolingbrook, Woodridge, Naperville, Downers Grove, Wheaton, Elmhurst, Lombard, Schaumburg, Rolling Meadows, Des Plaines, Skokie, Arlington Heights, Barrington, Aurora, Geneva and Elgin. In addition, our attorneys have helped clients from states such as New Jersey, California, Virginia, Colorado, and Idaho with litigation in Illinois.

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Illinois Family Law and Divorce Attorneys