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Recent Blog Posts
Rebuilding Relationships After Divorce: No Laughing Matter
The “mother-in-law” has historically been the brunt of many comedic one liners. How many mothers-in-law does it take to screw in a light bulb? None – she always gets the son-in-law to do it! How many mothers-in-law does it take to ruin a marriage? - Just one, mine!
If you and your spouse are entering into divorce proceedings there is probably more involved in your decision to divorce than either of your respective mother-in-laws. It is not about light bulbs or your mother-in-law is responsible for the deterioration of your marriage. Although you may chuckle at the mother-in-law zingers, you may actually enjoy spending time with your spouse’s mother. You both just recently broke the news to your families. The silence was deafening. The wall went up. Blood is thicker than water. You have been worried and apprehensive about the upcoming divorce proceedings. Trying to keep a teary eye on the kids, meeting with your divorce attorney and struggling to maintain composure. Staying in touch with your spouse’s family members on the same level of pre-divorce kinship crosses your mind occasionally. Will the divorce automatically extinguish your relationship with your in-laws? With children involved there will likely be some type of civil exchange, but what can you do to salvage the bond you created? Time heals all wounds. Your in-laws are no different. Will the relationship weather the storm? It can. When you feel you are navigating calmer waters, take a moment and put pen to paper. This maybe the best way to reach out to begin the healing process.
The Use of Medical Teams to Work with the Illinois Department of Children and Family Services (“DCFS”) to Help with Early Detection of Child Abuse
Child abuse is a heinous and often hidden crime that is difficult to detect and, even when detected, it can be difficult to punish the perpetrators. Once child abuse is suspected, the Illinois Department of Children and Family Services (“DCFS”) has in place an extensive plan to investigate the allegations and concrete measures to take to further protect the child from harm.
Child Protection often begins with a simple call to the Child Abuse Hotline. A person speaks with a Child Protective Services (“CPS”) worker, who has special knowledge and training on the child abuse laws of the state. If, at the end of the call, the CPS worker determines a formal report needs to be written, a CPS worker will begin a formal investigation. The mandate requires that the investigation begin within 24 hours of the written report.
Once a formal investigation commences, a CPS worker will investigate the allegations, and the child’s immediate needs will be assessed to determine if there is imminent harm to the child. If that is the case, emergency services, such as protective custody, may be implemented right away. The CPS worker will also have influence on the overall determination of what long-term care the child will need once the investigation ends. One major impediment to the process is that of detection. Signs of child abuse can be subtle, or the perpetrator may be taking great lengths to hide the abuse. In some cases, a parent may be in denial or turning a blind eye if outright physical signs are not present. Because of this, the number of people calling into a Child Abuse Hotline may only comprise a small portion of child abuse cases occurring at home. Therefore, additional measures must be put in place to help DCFS detect child abuse as early as possible.Medical Intervention
Child Custody Rights Under the New Law “Right of First Refusal” in Illinois
On May 22nd 2013, Illinois unanimously passed the Right of First Refusal (“ROFR”) law in both of its Houses of Congress. It was officially implemented as part of the Illinois Marriage and Dissolution of Marriage Act Section 602.3, and went into effect on January 14th, 2014.
The new section provides that “(i)f the court awards joint custody…or visitation rights…the court may consider...whether to award to one or both of the parties the right of first refusal to provide child care for the minor child...during the other parent’s normal parenting time.” The law also stipulates that emergency situations may act as exceptions.
Many new questions will now be raised about what effect this new legislation will have on the relationships of divorced parents. Equally as important, it is not clear what effect it will have on the day-to-day lives of the children of divorced parents. What role a secondary caregiver, like a nanny or babysitter, will play may also be significantly impacted by this new legislation.
Keeping Your Dirty Laundry Out of the Public Eye
Few legal matters are more sensitive and personal than a divorce. The breakdown of a marriage and the decision to separate is often made after months or years of reflection and personal struggle. Yet, it is important to remember that divorce is a public act. Just as a marriage itself is a public affirmation of a relationship (with attended benefits and obligations under the law), the dissolution of that union requires going to court and having official action taken. As a result, most of the divorce details--at least all items filed with the court--will likely become public record.
Divorce records are no different than criminal records, foreclosure proceedings, or any other matter involving the Illinois civil or criminal justice systems. In fact, an Illinois law titled the Marriage, Dissolution, and Invalidity Records Act specifically charges the Illinois Department of Public Health with “registering, indexing, and preserving records” of marriage and dissolution of marriage. The law further charges the department with crafting online and offline systems to manage these records and make it easy for anyone--from journalists to your neighbor--to view those records.
Can the Custodial Parent be Ordered to Pay Child Support in Illinois?
Following a divorce or separation by parents, a court in Illinois may grant sole physical custody to one party. This parent is usually referred to as the “custodial”parent, and the non-custodial parent will usually still have visitation rights. In most cases children will spend far more time with a custodial parent, and that parent will have more obligations to provide proper care.
Late last year, an Illinois Appellate Court issued an opinion in the case of In re Marriage of Turk. The case originally involved a court order that required a custodial father to pay the non-custodial mother $600 per month in child support. The court was influenced by the fact that the father earned roughly $150,000 per year while the mother earned $10,000 or less.
Division of Property During Divorce in Illinois
If you are going through a divorce, there is more to consider than the physical separation from your spouse. Especially if you have been married a long time, the division of property can be the most complicated and difficult step of the proceeding. According to the Illinois General Assembly and the state’s Marriage and Dissolution of Marriage Act, Illinois is an equitable distribution state. This means that all property acquired during the marriage will be considered for equitable distribution, regardless of whose name is on the deed. The only possessions that will not be considered for 50/50 distribution upon divorce are those that are categorized as separate property. According to the Huffington Post, separate property generally includes (but is not limited to):
Hiring the Right Divorce Attorney in Naperville
When going through a divorce, one of the most important things you can do to ensure that the process goes smoothly is to hire the right divorce attorney. At the Davi Law Group, we provide personalized attention to all our clients so that they can begin to move on with their lives. When going through a divorce there are several things to keep in mind in order to stay on top of the proceeding—choosing the right divorce attorney is paramount. “It is difficult to know where to turn when you are faced with divorce,” the Huffington Post reports. There are several things to keep in mind when initiating proceedings, according to the Huffington Post, that will help your divorce go as smoothly as possible. The first is to be realistic. An attorney from the Davi Law Group will help you to dissolve your assets, resolve custody and visitation issues, and determine maintenance / alimony agreements. A divorce attorney is not a therapist or marriage counselor, however. “You need to realize that divorce is a legal process… while you might want [your divorce attorney] to listen to your anger, frustration, pain and sadness, that is not their job,” reports the Huffington Post. At the Davi Law Group we handle your case with sincerity and tact, but we also do our best to keep your costs low by avoiding tasks for which we are not trained. We always work in the vein of what is best for you. Another thing a person can do during a divorce to make it as smooth as possible, according to the Huffington Post, is to stay focused on the goal and to know what you want. An attorney from the Davi Law Group can help you determine how best to proceed, but only you can know your personal goals and desires. If you have determined your desired outcome, an attorney from the Davi Law Group can help to make it happen. If you or someone you know is looking for a divorce attorney in Naperville, contact the Davi Law Group today.
Illinois Adoption Process
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Illinois Rights of Adopted Children and Adults
For whatever the reason, a few decades ago, you and your spouse turned to the adoption process to firmly plant your family tree. You lovingly declared a life-long commitment to raising your adoptive child and guided them to adulthood. Of course, you made a few mistakes along the way, who hasn’t, but never once did you waiver from your original commitment. So why is your adult child now announcing that they now want to uproot your family tree by branching out to include biological family members?
Your reaction could go either way. You could be one of the many who feel it is your child's right to proceed or perhaps find yourself a bit resentful and asking why now? How you feel about the situation may not matter. If your family resides in the state of Illinois, requests for information of an adoption is supported under the Illinois Adoption Act (750 ILCS). No matter how you, your spouse or other family members feel about this request, it may be time to contact an experienced Illinois family law practice to fully understand the process as mandated by the Illinois Adoption Act. Before meeting with legal counsel, this synopsis can familiarize you with Illinois statute: Illinois Agencies Involved
What Are the Different Types of Orders of Protection?
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