Recent Blog Posts
How Can Order of Protection Help Domestic Abuse Victims
Domestic violence is a serious crime that can have long-lasting consequences. Every effort should be taken to end the violence as soon as possible. One of the ways to protect the victim from further abuse is to obtain an order of protection.
An order of protection is a legal injunction which orders the abuser to stop harming and stalking the victim in any way. Furthermore, the abuser is not allowed to come near the victim, and they may no longer reside in the same place. If the abuser refuses to comply with the order, they must face penalties and sanctions which can be, for example, prison time or fines.
Anyone who has been abused by a family or household member can petition for an order of protection. Likewise, any person can apply for the order on behalf of an abused minor or a disabled adult as long as the abuser is a family or household member. The Illinois Domestic Violence Act also protects anyone who is residing or working at a private home or public shelter that takes care of an abuse victim. An order of protection can be issued even without there being any obvious physical injuries on the victim.
What You Should Know about Joint Custody
Custody issues usually become relevant when a relationship is about to end. Depending on how it ends, parents may want to take care of their children together or by themselves. In a joint custody arrangement, the custody of a child is awarded to both parents. Either or both parents can apply for joint custody, or the court may decide to award joint custody if it is determined that it would be best for the child. The Illinois Marriage and Dissolution of Marriage Act specifies what rules there are to joint custody.
When applying for joint custody, a Joint Parenting Agreement must be prepared. Your Kane County family law attorney can help you with this. The agreement specifies which powers, rights and responsibilities the parents have concerning the child’s personal care, education, health care, and religious training. The agreement also details what to do if the parents change their minds about the conditions or have a problem with them. If the parents fail to produce a Joint Parenting Agreement, the court may grant sole custody or introduce a Joint Parenting Order, which contains the same specifications as a Joint Parenting Agreement. The court may also order that an investigation is conducted about the custodial arrangements, if a parent or the child’s custodian requests this.
What is Family Law in Illinois?
Family Law covers the laws related to, and regarding families. This includes the establishment of family and domestic relationships, the rules for creating a union - be it domestic partnerships, civil unions, or marriage, as well as their termination or dissolution, and the ensuing issues related to this, such as alimony, child support, property division, custody and the like.
When one thinks of family court; marriage, divorce, adoption, domestic abuse, child abuse and other related topics generally come to mind. All of these issues, and more, are addressed in family law.
Family law is ruled largely by statute, but common law (law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action) precedent plays an important role, as well, and these rules and laws vary from state to state. Although family court is the most well know judiciary body for this area of law, other courts and administrative bodies share jurisdiction as well. Many of the courts offer access to self-help services and legal forms for individuals to proceed without an attorney, but complications can easily arise and retaining an attorney is most often the wiser decision.
Illinois Paternity Information You Should Know
Paternity is a legal relationship between a father and his child, and it is vitally important for a number of reasons.
- Ensure a child’s right to a legal relationship.
- Add the father’s name to the birth certificate.
- Protect the parents’ rights.
- Enable access to family medical information.
- Secure the child’s benefits such as financial and medical support, Social Security, veteran’s benefits and inheritance.
If the parents of the child were not married to each other when the child was conceived and/or born, the father is considered the "alleged father." The alleged father is not the legal father of the child and his name cannot be added to the child's birth certificate until paternity is legally established.
In Illinois, if the mother is/was married when the child was conceived and/or born, her husband/ex-husband is legally presumed to be the father of that child.
Religious Views In A Divorce
It is anything but uncommon to get married to someone who does not share your religious views. In case of a divorce, this can lead to serious disputes. Interfaith marriages are becoming more and more common, and divorce rates are not declining, so this is an issue worth mentioning.
There has been a lot of talk about Tom Cruise and Katie Holmes getting a divorce. Most people know that Tom Cruise is a scientologist, which brings us back to our religion discussion.
Globalgrind reported a follow-up story on the Cruise-Holmes divorce, saying Suri and Katie are leaving scientology behind. According to the story, Katie has enrolled Suri in a private Catholic school, regardless of Tom's plans of Suri going to a scientology school. Surprisingly, Tom and Katie reached a settlement quickly, putting Suri's future above their own differences.
Prenuptial Agreements: The Basics
As divorce rates have been staying high for the past few decades, people have started to react to it with their actions before saying “I do.” Prenuptial agreements are becoming more common, because people have realized they want to protect their personal property and assets. Here is what the Illinois Uniform Premarital Agreement Act has to say on prenuptial agreements:
A premarital agreement is defined in the Act as “an agreement between prospective spouses made in contemplation of marriage and to be effective upon marriage.” The agreement must be in writing and signed by both parties, and it is enforceable without consideration. Just like with other binding legal contracts, you should know that the agreement is written properly beyond any doubt and that you know exactly what you are agreeing to. An experienced Kane County family law attorney can aid you with these tasks.
Is there a waiting period to get a divorce under Illinois law?
No, you are not required to undergo any type of waiting period in order to get divorced under Illinois law. In many states, you must be separated from your spouse for a certain amount of time or you must wait several months after the filing of your divorce petition before your divorce can be granted by the court and become final. While there are some circumstances under Illinois law in which you can undergo a waiting period for your divorce, such as when you are seeking a no-fault divorce, you are never required to have a waiting period before you can get divorced.
In order to avoid any kind of waiting period in an Illinois divorce, the Illinois Marriage Dissolution of Marriage Act (750 ILCS 5/) states thatyou must use one of the fault-based grounds for divorce under Illinois law. These grounds, or reasons for the divorce, include the following:
Douglas B. Warlick Inducted as President of Geneva Lions Club
Geneva family law attorney Douglas B. Warlick was recently inducted as the President of the Geneva Lions Club. GenevaPatch announced Warlick’s induction in conjunction with the 75th anniversary of the Geneva Lions Club, a historic event that was enjoyed by 125 attendees.
The Geneva Lions Club meets each Monday for luncheons at 12:00 p.m. at Riverside Receptions in Geneva. Following the luncheon, the club conducts its business meeting, and on non-business meeting days, often hosts guest speakers on a variety of topics.
As a local chapter of a nationally recognized charitable organization, the Geneva Lions Club engages in number of civic programs, including the following:
- New Eyeglasses and Eye Exams – as referred by school nurses and social service organizations
- Diabetes Awareness Day – annual event in April
- Candy Days – October 4 – 5, 2012
US Army Sergeant Challenges International Custody Decision
For years, the Chafin family lived very far apart. Jeffrey Chafin, 41, is a sergeant 1st class for the US Army and as a result is constantly moving around the globe depending on his deployment. His wife, Lynne Chafin is a Scottish national who had lived with the couple’s daughter from 2007 to 2010 in her homeland. At that time, Lynne and her daughter came to stay with Jeffrey in Madison, AL to repair what was left of their marriage. They ended up divorcing anyway.
Lynne eventually overstayed her visa and returned to Scotland. At that same time, a state judge in Alabama awarded custody of the child to Sergeant Chafin. The custody battle has been raging for two years since that time. Upon review by a US district judge, the case was overturned. Judge Igne Prytz Johnson cited the Hague Convention on the Civil Aspects of International Child abduction and explained that Scotland was the girl’s “habitual residence.” A habitual residence is legal terminology which means someone’s home for a long duration in the past.
Governor Signs Memorial Law for Father Killed during Visitation
In 2008, Steven Watkins went to Jennifer’s his estranged wife’s, home in Ashland to pick up his daughter. This was a court-ordered visit based on a custody agreement that the two had when they divorced. When he went to the door he was met by Jennifer’s grandmother and a gun. Steven was shot to death on that day in November. Currently, 76 year old Shirley Skinner is serving a 55 year prison term for being convicted of the murder.
After the death of their son, Steven’s parents were awarded visitation of their granddaughter by a county judge in Cass County in the fall of 2010. Unfortunately, his parents never really had a chance to capitalize on these rights because their granddaughter was taken out of Illinois. Jennifer Watkins relocated her daughter to Florida and has not allowed the Watkins to exercise their visitation rights. The court has tried to enforce this ruling, even having Jennifer arrested for five months in Florida.
