Archive for the ‘custody orders’ tag

How Can DCFS Being Called Affect Your Child Custody Agreement?

April 16th, 2015 at 6:42 pm

protective services, DCFS, Chicago Family LawyerAlthough the possibility of initiating a Department of Children and Family Services (DCFS) complaint is often dismissed as an empty threat, it should be taken seriously. Every day in Illinois and the rest of the United States, children are subjected to dangerous neglect and abuse by their parents. Social service departments like DCFS exist to get children out of these kinds of situations and prevent them from being endangered in the future. Certain cases may require established custody orders to be altered.

When somebody calls DCFS with a concern about your child’s safety or welfare, the agency is required to investigate the claim. If a representative finds that abuse, neglect, or any other form of child endangerment has occurred in your household, your custody agreement may be changed. You could, depending on the severity of the mistreatment that occurred, lose custody of your child, have restrictions placed on your visitation, or lose all parenting rights completely. DCFS can not determine your custody agreement, but its input can play a role in the court’s decisions regarding your child’s custody.

If you find yourself in an open case with DCFS, contact an experienced family attorney to learn more about your rights as a parent and what you need to do to keep your custodial rights.

Child Protective Services in Illinois

The Illinois Department of Children and Family Services (DCFS) is the agency that handles all child welfare issues in Illinois. It is tasked with investigating allegations of child abuse or neglect, facilitating adoptions, reunifying children with their families, and licensing day care facilities. It also provides professional services for families throughout the state who are involved in a pending DCFS case.

If DCFS Gets Involved With Your Family

Although it may be difficult, it is important to keep in mind that DCFS is most interested in the well-being of your child. If and when a DCFS investigation becomes necessary, it is important to cooperate with reasonable requests from the representative who comes to your home. This will generally permit the agency to quickly reach a conclusion and make a finding in your case.

Cooperate with the court as well. If your custody or visitation order is modified and you would like to return to your prior arrangement, you will need to prove to the court that it is in your child’s best interest. In some situations, the court may order an in-home evaluation to ensure that you are providing a safe and health environment for your children. It is important to attend court and follow the orders entered by the judge.

Chicago Child Custody Attorneys

If your family is invovled in a DCFS case, contact a skilled Chicago family attorney at Anderson & Associates, P.C. to discuss the impact it can have on your child and your child custody case. You can reach us at 312-345-9999 and at one of our five convenient office locations in downtown Chicago, Schaumburg, Wheaton, Orland Park, or Northbrook. Our firm will work to advocate for you when working with the Department of Children and Family Services.

Child Removal: Moving Out of Illinois with a Child Custody Agreement

March 25th, 2015 at 3:02 pm

child custody, moving out of state, Illinois Family Law AttorneyIf you are thinking of moving out of state due to an improvement in employment, marriage, or to be near family, and have a custody agreement with the other parent of your child, you will need to get permission before moving. If you and the other parent do not agree to you moving out of state, you will need to file a petition with the court to remove the child out of Illinois before you are actually able to move. This is not intended to limit your ability to improve your living, but rather to ensure the best interest of the child is being kept the highest priority.

Petitioning to Move

 The court will consider many different factors during the process to determine whether the move is in the child’s best interest. These factors may include, but are not limited to:

  • The specific improvement in living arrangements offered by the change;
  • Reasons why the petitioning parent wants to move;
  • Current visitation and custody agreements;
  • The effect the move will have on the child; and
  • How the relationship with the other parent will be affected.

Similar to filing a petition to modify your custody agreement, as the petitioner, you will bear the burden of proof to show that the move is beneficial and in the best interest of the child. If you are the one requesting the move, you should be prepared to state the reason for the move, why the child should stay with you, and how your child will maintain a relationship with the non-custodial parent.

Ignoring the requirement to file a petition can have dire consequences. If the non-custodial parent contests the move, they may file to have the child returned to Illinois. This does not mean you are necessarily required to move back, just your child. Such a situation can be very costly, in addition to the expenses already incurred in making the move. Even if the move truly is in the best interest of the child, failure to have the move legally approved could have a negative impact on your case.

Successful Petition to Move

A successful petition to move out of Illinois with your child will involve demonstrating that the move is not due to malice or retaliation against the non-custodial parent, but rather that it will improve your child’s quality of life and health. You must also prove that you will cooperate to ensure your child maintains a relationship with the other parent.

If you have custody of your child and intend to move outside of Illinois, you need to speak with an experienced attorney who has handled removal court cases. Contact a qualified Chicago child removal attorney to discuss the best course of action. Anderson & Associates, P.C. assists clients throughout the region from any of our five offices, conveniently located in Chicago, Schaumburg, Wheaton, Northbrook, and Orland Park.