Posted on January 04, 2016 in Child Custody

When the court determines a custody or visitation schedule for a child, it does so with the child's best interests in mind. The court weighs not only which parent is best equipped to provide for the child financially, physically, and emotionally, but also whether the child could potentially be in danger in either parent's household. If the court feels that there could be any room for the child to be harmed in a parent's home, it could give that parent supervised or restricted visitation with the child. What this basically means is that the court puts restrictions on the parent and child's visits in place to prevent the child from being harmed.

It is rare that a parent has his or her parental rights completely terminated. This generally happens if the parent poses an immediate, serious danger to the child. Restricted and supervised visitation are a way to ensure that even when a parent is not considered to be fit to parent his or her child alone, he or she can still maintain a relationship with the child after he or she divorces from the child's other parent.

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 Posted on December 30, 2015 in Divorce

Abandonment of one's spouse for a period of one year or longer is currently grounds for divorce in Illinois. If your spouse simply left your home and has not returned or even attempted to contact you for a period of one year or longer, you have the right to divorce him or her. But what if you cannot find your spouse?

You can still divorce your spouse even if you do not know his or her current location. This is true for any type of divorce, grounds or no-fault. But you will need to take extra steps to be able to either locate your spouse or reasonably make an attempt to make him or her aware of your intention to end your marriage. If you are unable to locate your spouse, certain portions of the divorce process must be put on hold until he or she is located.

Serving Divorce Papers

Currently, when an individual files for divorce, he or she must serve his or her spouse with the divorce papers. This means that he or she must provide his or her spouse with documentation that he or she has filed for divorce so the spouse can seek legal aid and prepare for the divorce.

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 Posted on December 28, 2015 in Child Custody

As our society progresses, our laws need to change to reflect these changes. Decades ago, Illinois' divorce and child custody laws included a provision known as the tender years doctrine, which awarded custody of young children primarily to their mothers on the basis that a mother could care for a young child better than a father could. This was done away with as gender roles changed and the court recognized that fathers can be as capable of caring for their children as mothers. Similar changes are coming to the Illinois Marriage and Dissolution of Marriage Act come January 1st, 2016 through Senate Bill 57.

These changes include many new developments to Illinois' child custody laws. In fact, one of these changes is the deletion of the term “custody.” To learn more about the changes that are coming and what they could mean for you and your family law case, contact an experienced Illinois family attorney for guidance.

New Terms Replace Old Terms

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 Posted on December 23, 2015 in Child Custody

In Illinois, reports of child abuse and neglect are handled by the Illinois Department of Children and Family Services (DCFS). Allegations of child abuse and neglect are taken very seriously. All calls to the department are screened by trained social workers who can determine the correct action to take – not all calls warrant full in-home investigations. But when a report is made about an individual or family, that call is recorded and can haunt the parent in future interactions with the court and his or her former partner.

If you have had to interact with DCFS in any way, whether you were the subject of a report or you have had to report your former partner, tell your attorney. This will have an impact on your child custody or visitation order and your attorney will be able to determine the steps you need to make to ensure that that impact is a productive, healthy one.

Your Custody Order Could be Changed

If DCFS finds that your child is in danger in your household, it could recommend that the court modify your custody or visitation agreement. This might mean changing your visitation agreement so all visits happen in your child's custodial parent's home or, in the most egregious cases of abuse or neglect, cease contact between you and your child.

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 Posted on December 21, 2015 in Domestic Violence

As a parent, one of your greatest goals in life is to keep your child safe. Family attorneys and the Illinois Department of Children & Family Services (DCFS) share this goal. Sometimes, keeping a child safe requires DCFS to remove a child from his or her parent's home or create a set of rules that the parent must follow to prevent the child from being harmed by his or her parent or any other individual present in that parent's home.

You might be asked to work with DCFS to create a safety plan for your child. Do not panic or become combative with the party asking you to agree to this plan – it is not an indictment against you as a parent, but a way DCFS can work to protect your child from a potentially-harmful situation. Work with your attorney and DCFS to create a safety plan that works for your child and you.

What Is a Safety Plan?

A safety plan is a set of actions that a child is to take if he or she feels he or she is in danger of harm. If DCFS determines during its investigation that a child cannot successfully carry out the actions of a safety plan, it might opt to remove the child from a household altogether. Examples of provisions that may be included in a safety plan include:

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 Posted on December 16, 2015 in Divorce

In the United States, every individual has the right to work with an attorney. For those who can not afford attorney fees, low-cost and even pro bono attorneys are available to represent their rights and interests in court. Despite the availability of low and no-cost divorce attorneys, some individuals still choose to represent themselves in court. These individuals are known as "pro se" litigants. Although you are certainly within your right to go to court as a pro se litigant, it is not in your best interest to do so. An experienced divorce attorney can explain all of your rights, your legal obligations, and the court processes that you will have to work through to you. Work with a divorce attorney to make the divorce process as smooth as possible.

You Do Not Know What to Say or How to Say It

Obviously, you need to tell the truth when you are under oath. You are under oath in all court hearings, depositions, and documents filed with the court. But when you are under oath, the statements that you make can sometimes be used against you. Your attorney can coach you about the difficult questions you might face and how to answer them without incriminating or misrepresenting yourself.

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 Posted on December 14, 2015 in Child Custody

Many individuals who work or interact with children are mandated reporters. This means that as part of their positions, they are required to report any suspicions of child abuse or neglect to the Illinois Department of Children & Family Services (DCFS). These individuals are held to this responsibility by the Abused and Neglected Child Reporting Act. Having DCFS investigate a report of suspected child abuse or neglect involving you can be at best, embarrassing and frustrating. At worst, it can be used to permanently alter you child custody or visitation order. Preserve your relationship with your child by having your case fairly represented in court by an experienced family attorney.

Mandated Reporters Include the Following:

Most individuals who work in health care, social work, education, and law enforcement are mandated reporters under Illinois law. The list of positions that require individuals to report cases of suspected child neglect and abuse included in the law is fairly exhaustive and includes, but is not limited to, the following positions:

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 Posted on December 09, 2015 in Child Custody

The prospect of a teenage son or daughter becoming a parent raises questions for an entire family. Where will the baby live? How will the baby's parents support him or her? And for many, who makes important financial, medical, and lifestyle decisions on the infant's behalf when his or her parents are minors themselves? Child custody decisions, whether they are in regard to your child or your grandchild, can be complicated.

Even Teen Parents Have Full Parental Rights for Their Children Unless These Rights Are Terminated by the Court

Even if your child is under the age of 18 and unable to make legal decisions for him- or herself, he or she has full parental rights to his or her child. These rights include the right to consent to medical care throughout the pregnancy and birth, the right to make medical decisions for the baby after it is born.

If the baby's parents do not live together, either may go to the court to seek a custody arrangement. Like all other custody arrangements, the court determines the best place for the baby to live according to multiple factors, such as:

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 Posted on December 07, 2015 in High Asset Divorce

When a divorcing couple has a high net worth, their divorce may be considered to be a high asset divorce. Couples going through high asset divorces can sometimes face issues that other couples do not face because of their wealth. For example, a couple who owns multiple pieces of real estate has much more to consider than a couple that rents a house or apartment. Other issues, like dividing stock portfolios and savings accounts, can also be more difficult to divide at higher values.

If you are part of a high net worth couple, work with an attorney who has experience handling high asset divorces. Because high asset divorces can involve certain unique considerations, it is important to work with an attorney who understands these considerations and can work with you to address them properly.

Handling Your Business Division

Many high asset divorces involve business ownership. If you, your spouse, or the two of you own a small business, the business needs to be properly valued in order to be divided among you and your spouse. This can be done through a number of methods, depending on your plans for the business after your divorce and whether there are other owners involved in the company as well.

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 Posted on November 27, 2015 in Family Law

Contempt of court refers to any instance where a court order is not obeyed. When the court makes a ruling, it is legally binding. Even if you do not agree with a court ruling, you are required to abide by it unless and until you can have it modified or overturned. When a ruling has to do with a family or divorce issue, this is something that you need to work with an experienced family attorney to reverse.

Do not, under any circumstance, deliberately disobey a court order. This can result in civil or even criminal penalties for you. When a court order is made regarding your children, such as an order for child support or a child custody schedule, acting in contempt of court can have a negative impact on your future interactions with the court. This means that if you do choose to seek a child support or custody modification later, having an instance of contempt of court on your record can actively work against you and prevent you from having your request fulfilled.

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