MOTIONS TO MODIFY CHILD CUSTODY AND PARENTING RESPONSIBILITIES
Emergency Motion to Modify Custody and Allocation of Parental Responsibilities
Motions to Modify Child Custody and Parental Responsibilities is an important matter because one parent has a substantial risks of losing their parenting time and parental decision-making. A child custody proceeding is a stressful time for parents and will have a major impact on one’s life. Generally, in Illinois, a Child Custody Final Decree cannot be overturned unless a parent establishes that the child’s present environment may seriously endanger the child’s physical, mental, moral, or emotional health. This situation may occur when one parent has a DCFS investigation that has taken the child or children out of the home.
The Emergency Motion Filing Process
An emergency filing is a situation where the facts and circumstances warrant emergency intervention by the court. In most instances, a Notice of Motion is filed and the party is given notice by having the motion and pleadings served on them or their attorney. With an emergency filing, the party must notify the opposing side either via U.S. Mail and/or email (or telephone) about the proceedings, which are set for a court date. With a standard motion, one party has the option of whether to be present or have their counsel present. Typically, an emergency situation requires all parties to be present and prepare for an emergency hearing or an expedited proceeding to hear the merits of the emergency circumstances, which threaten the emotional or physical well-being of a child or parent.
Examples of Emergency Situations in Yorkville and Kendall County
Examples of emergency situations are situations where one party may attempt to commit suicide or threaten the child’s emotional and physical well-being or a DCFS investigation. Another example is a situation where one parent insists on traveling either outside of the state of Illinois or international travel, which threatens the rights of one party. Additionally, any alcohol or drug incident such as obtaining a DUI while driving with the child or children in the car can be classified as an emergency situation. These are examples of extraordinary situations, which require immediate court relief.
Experienced Child Custody and Child Modification Attorneys
Hiring an experienced child custody and custody modification law firm is an important decision. Hiring our law firm is the right decision. Gateville Law Firm will fight for you while at the same time educating you on the law. Generally, a Guardian Ad Litem is appointed by the court for the child or the children. A Guardian Ad Litem is an attorney that represents the child or children themselves. Our law firm will work with the Guardian Ad Litem to enhance your case while fighting the best interests of the child or children. Sean Robertson, attorney for Gateville Law Firm is a graduate of the University of Illinois at Urbana-Champaign and DePaul University College of Law. Sean Robertson has a significant trial and litigation experience and will work to fight for you.
Skilled and Experienced Yorkville and Kendall County Child Custody Lawyers
Sean Robertson and Gateville Law Firm provide skilled and trusted child custody, parenting, and divorce legal representation in Kendall County and the surrounding areas. Sean Robertson is a strong advocate for fathers and mothers and has over sixteen (16) years of experience. Attorney Robertson is a skilled and experienced advocate that has the ability to settle or try your case. All lawyers at Gateville Law Firm provide exceptional services to exceptional clients, which warrant thorough and precise legal acumen in Yorkville, Oswego, Plano, Joliet, Plainfield, and Kendall County (and surrounding areas). Our experienced lawyers counsel and guide parents through these difficult decisions and moments.
HIRE OUR LAW FIRM TODAY AT 630-780-1034