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Sometimes, a parent may be so focused on what he or she believes is best for a child during the allocation of parental responsibilities that it is difficult to understand a judge making an entirely different decision, calling it "in the best interests of the child." While custody issues are certainly emotionally charged for all those involved, family court judges must make difficult decisions regarding what is truly best for the child.
Each parent may be basing his or her wishes about child custody on the marriage itself rather than what kind of parent the other spouse really is. In short, it can be easy to lose sight of what is in your child’s best interests when you and your spouse are battling to the death about every other aspect of your divorce.
So, even though you might be happy if your child never saw your soon-to-be ex again, a judge may have a more impartial view of the situation. If you are currently facing a parental responsibilities issue or have other family law issues, you could benefit from speaking to an experienced Wheaton, IL family law attorney.
When a child resists or refuses contact with a parent following a divorce, the cause could be difficult to determine. If the child is refusing contact because of parental alienation, this is a very serious issue that can potentially result in a change to custody (the allocation of parental responsibilities). This is because an alienating parent is perpetrating a type of psychological abuse on the child when deliberately convincing the child that his or her other parent is "bad" or is wholly responsible for the divorce.
If parental alienation is not the reason the child is resisting or refusing contact with a parent, then the reason must be determined. The age of the child and the reason for the refusal will have some bearing on whether a judge will force the child to engage in parenting time. If you are experiencing a similar situation, speaking to a knowledgeable Wheaton, IL family law attorney can be extremely helpful.
After a divorce in Illinois, you may be responsible for continued child support payments. Depending on your family’s circumstances, you might be paying for longer than you think. If you have any concerns about how child support will be allocated, a skilled Wheaton, IL family law attorney can give you an honest assessment of your circumstances and advise you during key decisions in a divorce.
Davi Law Group has experience handling complex divorce issues and we are prepared to advocate for your financial interests with regard to child support. Attorney Dion U. Davi has been practicing family law for over 20 years, focused on providing effective legal solutions to his clients.
In most cases, child support in Illinois is terminated when a child turns 18. However, if a child is still in high school by the time he or she turns 18, child support payments will persist until graduation or by age 19, whichever comes first. At that point, the child is considered emancipated by state law, deemed financially independent, and responsible for his or her own decisions.
When a divorce turns bitter, the ensuing negotiations can become complicated very quickly. In the dissolution of a marriage, both spouses will have to disclose their assets to be appraised and divided up equitably. However, in some cases, one spouse might intentionally waste marital assets, an illegal act referred to as dissipation. If a judge finds that you have been made the victim of your spouse’s dissipation, you could be entitled to a greater share of assets in the divorce.
If you believe that your marital assets are being dissipated, you can take legal action to protect your financial interests. A DuPage County, IL family law attorney can help you uncover evidence and see that you are justly compensated for your losses. The lawyers at Davi Law Group are ready to hear your concerns and work towards the best resolution for you.
Divorces with children are often challenging and emotional for a family to reckon with. Parents may have conflicting plans for their children, pulling children in two different directions over issues of parenting time and decision-making responsibility.
In cases like these, the courts may decide to appoint a guardian ad litem, a special legal representative who is obligated to act in the child’s best interests. If you require the services of a compassionate advocate, the DuPage County, IL family law attorneys at Davi Law Group are certified GALs who can protect your children during an ongoing divorce.
The role of a GAL is to act as an unbiased third party who makes recommendations to the court based on the child’s best interests. This involves gathering information about the child’s home life by interviewing both parents and speaking with the child directly. One or both parents can hire a GAL to perform this duty, or a court may appoint one on the child’s behalf, in which case a judge will decide how the cost of a GAL’s services will be split between the parents. During this investigative process, a GAL will visit the homes of both parents, sometimes unannounced, to get the most complete picture of the child’s everyday life.
In the proceedings of a divorce, the question of child custody is one of the most pressing issues a couple can fight over. In most cases, parents can work out an amicable schedule that allows for reasonable parenting time; they may even agree on a joint custody agreement that allows the child to go between houses. However, in some cases, a judge may decide to grant one parent exclusive custody over the child or children, known as sole custody.
The allocation of parenting time and responsibilities is not taken lightly in Illinois. In general, judges prefer for children to have an ongoing relationship with both parents: however, if one parent is proven unfit, the court may ultimately decide to entrust the other parent with raising the child. Below is a non-exhaustive list of factors that could result in one parent being granted sole responsibilities over a child. Whether you are looking to acquire sole custody or contest it, a Wheaton, IL family law attorney can work hard to reach an acceptable solution.
It can be incredible for a child to know that his or her stepfather wants to adopt and make their father-child relationship official. In Illinois, the adoption process can be straightforward, but it can also become complicated when the biological father is unknown.
In such cases, adoption can still move forward, but important legal steps are necessary to ensure everything is done correctly. If you want to adopt your stepchild and there is no known biological father in the picture, speak with a qualified Wheaton, IL adoption lawyer to understand your options.
When someone in Illinois wants to adopt a child, both biological parents typically need to give their consent. Naturally, it is fairly easy to identify a biological mother, but it is not always so clear-cut with fathers. The adoption process can be different when the biological father is unknown or uninvolved in the child's life.
Losing your job can be a very stressful experience. If you have financial obligations like child support, it can be especially overwhelming. While you might want to stop paying when finances are a concern, your child support obligation does not end just because you lost your job.
If you decide on your own to stop making child support payments, there could be severe consequences. A seasoned Wheaton, IL family law attorney can explain what might happen if you stop paying and help you seek court approval to modify your agreement.
In Illinois, child support is typically determined by the court during divorce proceedings. The court order includes the specific amount one parent needs to pay the other to cover costs related to raising their child.
There is no one right way to live life. Some people spend their adult years traveling the world or building a rich social life, some are more focused on advancing their careers, and others concentrate on raising a family. These choices are inspired equally by a person’s wishes, unique background, and financial circumstances.
With so many options to choose from, it is no wonder that people who get divorced can be in very different situations. Divorce can be very different for a couple where both spouses have high-powered, lucrative careers than for a couple where one spouse is a stay-at-home parent. There are common misconceptions that homemakers are at a disadvantage in an Illinois divorce, but the truth is every single couple’s divorce is unique to the spouses and their specific situations. An experienced Wheaton, IL divorce lawyer can review your case and help you set realistic expectations.
People often call on the Department of Children and Family Services (DCFS) if they are concerned for a child’s safety. Sometimes, their concerns are unfounded and based on wrong or lacking information. While parents can find it overwhelming and stressful to deal with DCFS showing up at their home and investigating claims of abuse or neglect, they still have rights. If you are in a situation like this, speak with an experienced DuPage County, IL family law attorney to understand how to protect yourself.
DCFS is a state agency that handles adoption and foster care cases and investigates accusations of neglect or abuse. It has a hotline that is open 24/7 that anyone can call if they want to report concerns about child neglect or abuse. If someone is worried that an adult responsible for taking care of children deprives them of their basic needs or mistreats them in a way that could lead to physical harm, DCFS investigates those suspicions.
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