Alsip Father Heads Back to Court to Fight Appeal to Keep His Son
CHICAGO – An Alsip father who successfully secured residential custody of his four-year old son after a three day trial before Judge Chickris is set to go back to court today to urge the appellate court to affirm the trial court’s decision.
This appeal is set for oral argument at 1:15pmbefore the Illinois Appellate Court at 1004 Columbus Street, Ottawa, Illinois. Attorney Andrey Filipowicz of the Jeffery Leving Law firm will argue the appeal on the father’s behalf.
The two year battle of Broder v. Giba began in April 2010 when the couple separated. At the time, the mother and father had shared equal custody of their son, alternating parenting time each week. The arrangement was allegedly shattered by the mother’s unilateral decision in December 2010 to deny the father equal parenting time. To remedy the separation of father and son, Leving secured an emergency order maintaining the equal division of parenting time, which continued until trial in March of 2012.
At the conclusion of a three-day trial involving the testimony of thirteen witnesses, including two psychologists and a treating physician, Judge Gregory Chickris awarded residential custody to the father. In the appeal, the father’s attorney Andrey B. Filipowicz, a leading appellate attorney at the Leving Firm, argued that the appeal should be dismissed, as an agreed order was entered disposing of all the issues after the mother filed her notice of appeal.
“Illinois law holds that one cannot appeal from an agreed order,” said Filipowicz.
Filipowicz went on to explain that the oral argument tomorrow is not just about what he believes is an unsubstantiated appeal, but about the well-being of the child,
“A boy needs the emotional support and protection of his father just as much as his mother. A father’s presence is essential to the welfare of any child, and the trial court’s order giving the father residential custody recognizes this very fact.”
Filipowicz feels confident the residential custody decision will stand based on the careful and correct decision of the trial judge, which is amply supported by mountains of evidence in the father’s favor.
Due to the sensitive issues and nature of the evidence before it, the Appellate Court has taken the step of impounding the entire file, prohibiting access to the public and the media. However, the oral argument is open to the public.
Filipowicz is an assertive and tireless advocate and has been a frequent legal expert on WLEY-FM in Chicago as well as Telemundo television. With over 25 years of experience, Filipowicz has helped reunite many fathers with their children in this country and worldwide.