Recent Blog Posts
How to Work with a Guardian ad Litem
If a guardian ad litem has been appointed in your custody case, it's important to know how to relate to this individual and what information to provide this person throughout the course of your case. A guardian ad litem is appointed to represent the interests of the children in divorce cases with contested custody. The guardian ad litem will prepare a report. This report will be submitted to the judge to assist with the determination of the final custody order. It goes without saying that your communication with the guardian ad litem should be professional at all times.
To start with, always follow the guardian ad litem's instructions regarding their requested mode of communication and any desired meetings. Typically, your first meeting with the guardian ad litem (GAL) will be an overview of how the process will work and the filling out of a questionnaire that will allow the attorney to obtain the information needed to conduct research. Make sure to include all contact information that is requested by the GAL. It might help to begin a contact sheet of possible references before you interact with the attorney.
Child custody in Illinois
Child custody in divorces is decided individually by state courts, but all states do put the best interests of the child first. Often times, however, parents are concerned about what will happen to their children and have many questions about the process and how the courts will treat each case in Illinois. Your Geneva family law attorney can help you understand the process of determining child custody, and help you to find the best situation for your family.
One question that may come up is whether or not a parent’s psychological problems will have an effect on the custody of the child and if so, what the impact will be. Just because a parent may have a psychological problem, suffer from substance abuse or suffer from mental illness, the courts do not automatically take away the parent's custody rights.
Illinois Woman Faces Child Neglect Charges
A woman faces two counts of class D felony charges of child neglect. She reportedly went to meet a man that she met on the internet but he never showed. While she waited, her 3-year-old daughter was found crossing a busy road alone. It was later discovered that her 1-year-old son was left unattended in the car secured in his car seat with the windows closed and car door unlocked.
A witness driving by spotted the little girl in the road, and pulled over. He took the little girl to a nearby convenience store. A little while later, it was reported that the mother came out of the restaurant, where the meeting was to take place, looking for her daughter. The witness walked the little girl across the busy road again to return the little girl to her mother.
There were several 911 calls about the incident. In an attempt to prevent the woman from leaving the scene, one caller went to her car and there he noticed the 1-year-old son in the car with the windows closed. When he pulled the child from the car he was confronted by the mother, whom witnesses say attacked the man.
Related Child Adoption
We have written with some frequency about adoption, both about the process and its benefits. This post deals with related child adoption, where the adopting parent is someone who is already related to the child, e.g. parent, grandparent, brother, sister, stepparent … etc. See 750 ILCS 50/1. This type of adoption normally arises in the context of a stepparent adopting their spouse’s child. A knowledgeable Kane County adoption attorney can help your family withe the process.
Related child adoption gives the stepparent the same legal rights as the child’s natural parents. In other words, the stepparent steps in the same shoes as the birth parent. After the related child adoption process is complete, the stepparent may make important legal decisions on behalf of the child. Related child adoption also imposes certain legal obligations on the stepparent, similar to those of a natural parent. For example, in case of a divorce, the stepparent would have the same rights and support obligations as a birth parent.
Focus on Children, Eases the Conflicts in Divorce
In a recent study, it was found that parents who are going through a divorce who focus more on their children rather than their relationship problems are being better parents than those who are not. Conflicts within a marriage and even after a divorce have the most affect on children, according to Dr. Marilyn Coleman. She also says that it can do damage to a child’s development. This is because kids who go through divorce have lost access to both of their parents and if the fighting continues even after the divorce then the children have not only lost access but also are still involved in the constant conflict. It exposes the children to the ugliness of the conflict, which can be very harmful to a child.
Some relationships between divorced couples have improved once they began focusing more on their children. They communicate freely between each other via text, email, or phone. Once these parents became cordial with each other, they could begin communicating about issues that come up in their children’s lives.
Return on Adoption?
Adoption is the opportunity for an individual or a couple to have a child of their own to love and take care of legally and permanently. Once that child is in their arms and surrounded with love, the bond is forever there. To be told the child is not allowed to be with you anymore because of legalities that are not your fault, ultimately breaks a family apart.
An Evanston, Illinois, couple, Jinshil and Christopher Duquet, were excited to welcome a little girl from South Korea into their family. She arrived after what they thought was a legal procedure, only to find out when then came home that the documents were not valid. Bad legal advice from a South Korean attorney has now made this into a very sour case between the American couple and South Korean officials. The 9 month old girl, Sewah, will most likely be put into another family home in South Korea when she is returned to the country instead of an orphanage considering her birth mother and family do not want her.
How To Serve Divorce Papers to Your Spouse
Deciding to go through a divorce is not an easy process. To start the process papers must be served to the other spouse. These papers, called a petition or a summons, declares the intention of one spouse to end the marriage to the other spouse. The summons is a must in the court of law for the divorce to move forward – without it, a divorce cannot happen. The court needs proof that the other spouse has received the summons.
Serving divorce papers can be handled in a variety of ways, such as the following.
- The summons can be delivered to a spouse by anyone who is 18 years or older and not a child of that spouse. A signed and dated Acceptance of Service must be collected to prove to the courts the summons was delivered and received.
- Second, mailing the divorce summons, first-class, with an acknowledgement of delivery that has been signed, dated and returned is appropriate.
Bill Clinton Urges Illinois to Approve Marriage Equality Bill
According to a recent article, former president Bill Clinton has made public in a statement distributed to an LGBT advocacy group his support behind a bill that could soon lead to marriage equality in the state of Illinois.
In his statement, Clinton said, “Our nation’s permanent mission is to form a ‘more perfect union’- deepening the meaning of freedom, broadening the reach of opportunity, strengthening the bonds of community….that mission has inspired and empowered us to extend rights to people previously denied to them. Every time we have done that, it has strengthened our nation. Now we should do it again, in Illinois, with marriage equality.”
This statement followed closely behind the news that marriage equality advocates believe they will have the number of votes they need to get the bill approved before the Illinois state legislature’s spring session ends on May 31.
Illinois Prenuptial Agreements
A prenuptial agreement is a document created by a couple prior to their marriage to determine rights and obligations should the marriage end. The Illinois Uniform Premarital Agreement Act oversees all prenuptial agreements, or prenups.
Legally, all prenuptial agreements must be in writing to be valid. Once the marriage is official, the prenup takes effect, regardless of whether or not the terms within the agreement are equal between parties. If a couple chooses to alter the agreement, it can only be done with written consent of both parties.
Illinois prenuptial agreements can include almost any subject matter, so long that it does not include criminal details, does not affect public policy and does not affect their children’s support. Illinois has specifically authorized the following rights and obligations to be included in a prenuptial agreement:
Facts About Child Custody in Illinois
When determining the custody of a child, divorce courts always put the best interests of the child first. There are additional factors that go into the equation, however, before a decision is made. Other questions are answered here as well, for anyone who may be going through a divorce, and is in fear of losing their child to their former spouse.
Factors that are considered while child custody is being determined in a divorce range from the simple wishes of the parents as to who will have custody, to details that are as complex as each parents’ military family care plan if they are members of the U.S. Armed Forces who may be deployed. The mental and physical health of both the parents and the children, along with any caretakers that either parent may hire and anyone else who may have significant responsibility with the child is also considered.
