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Child Custody in Illinois
Although child custody cases come about because of issues that arise with the parents, the most important thing in the case is still the child. Every step taken by the courts is taken according to what the courts believe is in the best interests of the child. Even after a custody arrangement has been decided by the court, though, changes may still occur.
It is possible that a child may decide that he or she wants to live with the other parent. However, this is not enough of a reason for the custody to be rearranged. In order the change the custody, the court must be shown that doing so is better for the welfare of the child. Often times, showing that the child is not doing well with his or her current custodial parent is enough to switch the custody.
Another situation that may bring about a custodial change is if the custodial parents dies or is sent to prison. If a death occurs, usually the other parent will automatically get custody. If the custodial parent is incarcerated he or she cannot interfere with the other parent getting custody of the child, but he or she can make emergency temporary arrangements for the care of the child. In either case, of both death and incarceration, the other parent will most likely get custody.
Another factor that may change the custody of a child is if a custodial parent behaves inappropriately in a way that affects the well-being of the child. If anything that the parent does affects his or her relationship with the child, that is also a reason for a change in the custody agreement.
If you have reason to believe that your child could benefit from a different custody arrangement, contact a Lombard family law attorney for assistance. Angel Traub and Associates in Lombard, Ill. can help you fight for the custody of your child today.
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Recovered Addict Adopts her own Children
Adoption is a wonderful way to provide a home for children in the Illinois system who are looking to be placed in a loving home. When most people think of adoption, it usually involves a couple who is looking to expand their family. But there are other types of adoptions, such as the adoption of a relative's child. This can happen for various reasons, but the court will grant adoption to a relative to protect the child or children's best interest in the event the parent is deemed unfit.
There are cases where the biological parent may what to regain parental rights after getting his or her life together. This was the case a few years ago when a woman sought to adopt her biological children after winning her battle with a drug addiction.
The Chicago mom fought to reclaim her children after years of battling a drug addiction. Thanks to an Illinois law that went into effect in 2010, rehabilitated parents can regain custody of children who were adopted by relatives. The mother of eleven fought to adopt 10 of her own children who were awarded to the grandmother when the courts found the mom to be unfit as a mother due to her drug addiction at the time. The grandmother died in 2005.
When the relatives of the adopted children die many of these children become orphaned and it can be a struggle for the rehabilitated parent to regain parental rights. After 10 years of rehabilitation, this Chicago mom was reunited with her family, who as adults, wanted to be adopted by their mother. At the time of the article, rights to four of her children had been restored.
If you or a loved one is fighting to regain custody of children who were adopted by relatives, contact an experienced Illinois family law attorney to assist you with your case.
Facebook and Divorce Linked in Recent Research Study
A doctoral student at the University of Missouri has found that Facebook and other social media tools can have detrimental effects on relationships and marriages. Russell Clayton’s research has revealed that excessive Facebook users are connected with higher levels of Facebook-related conflict. This conflict can cause long-term problems in the relationship, like higher chances of cheating and divorce.
In the study, Facebook users between the ages of 18 and 82 were surveyed about their current level of social media use. Individuals were also asked to share details about conflict with their significant others as a result of their Facebook use. High levels of Facebook use in couples was linked to higher levels of conflict for the couple, often surrounding perceived issues of jealousy over communication and interactions with other Facebook friends. Using social media also makes details about the relationship or marriage much more public, since pictures and other shares can give Facebook friends a window into the couple&s life.
Claiming Social Security Benefits After Divorce
According to Reuters and published in the Chicago Tribune, "if you’re divorced, it’s possible to claim Social Security spousal and survivor benefits from your ex." This strategy, according to Reuters, can up the ante when it comes to your benefits, and have you set for the years of retirement to come. With many divorcees nearing the retirement age (a different Tribune article reports that the divorce rate for people over the age of 50 has doubled between 1990 and 2010, meaning that there are a whole new slew of divorcees about to hit retirement this decade), knowing just what your rights are when it comes to Social Security is increasingly important.
All About Emancipation
Big screen star Will Smith and his 14-year-old son Jayden recently made news when the soon to be 15 year old told his dad that all he wanted for his 15th birthday was to be emancipated. He stated that he wanted to be emancipated from his family simply because he wants to live in his own home. Many of us think that emancipation of a minor only takes place in the event of parental negligence or because of other hostilities.
What is Emancipation?
Emancipation is a legal process that releases the child from the custody and control of his parents or legal guardian. In the state of Illinois, a child is automatically emancipated at the age of 18, but under special circumstances, an order can be made for a minor child between the ages of 16 and 18 to be emancipated.
Who should seek Emancipation?
There are many different reasons that a minor may want to seek emancipation. One reason that a child may seek emancipation is because he has graduated from high school at an early age and wishes to move out of the home to attend college. While technically, most students are supported by their parents, there are restrictions to what a minor can do even if he is living on his own. For example, there may be certain jobs that they are unable to work, they may have an issue securing adequate housing, or they may even have challenges related to school.
A minor that is seeking emancipation has to be able to prove that they are mature and able to take care of themselves. They can have witnesses speak on their part, such as teachers, counselors, employers, or other adults. They need to display a good work and/or educational history and prove that they do not need the financial support of their parents.
Emancipation can be a complicated process. If you have questions regarding your child and emancipation, a qualified Illinois family law attorney can assist you with the answers.
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Church’s Impact on Children of Divorce
Recently, studies have shown that children of divorce are twice as likely grow up non-religious than kids who grow up in homes with happy, stable marriages. However, clergy members continue to overlook this. According to the Chicago Tribune, the researchers of this study would like to present their findings to Chicago’s Fourth Presbyterian Church. They hope that the pastors will stop overlooking the faith of children of divorce. Researchers believe that children of divorce who leave the church are a main contributor to the decline of people in mainline Christian religious affiliations.
One of the head researchers of the project, Elizabeth Marquardt, talked to the Chicago Tribune; she said, she feels the mainline churches have not done enough to help children of divorce. They have trusted that if everyone gets along and keeps their conflict to a minimum that it will all turn out okay. Marquardt feels that the results of her study could have an impact on the mainline churches, which rely on the next generation to bring them forward. Throughout Marquardt’s study, she found that children of divorce felt misunderstood at church during their parent’s separation. A child who feels alienated by the church would be unlikey to come back to it as an adult.
There are some pastors who try to reach out to children when their parents are going through a split. Reverend Joyce Shin says, "There is no protocol when a couple in the congregation is separating." But Rev. Shin does try to reach out to the adults and tries to help out with the children’s needs. Shin goes on to say, "We know there are trusts that are being broken and that were broken, and it’s going to take a lot to build up from that."
Whether you are religious or not, if you and your spouse are looking to file for divorce contact an Illinois Divorce Attorney, who will be able to answer any of your questions. Contact an Illinois Family Law Attorney today.
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Avoid Common Divorce Pitfalls
Divorce often triggers an emotional rollercoaster that can cause us to make foolish mistakes that we end up regretting later. An article in the Huffington Post mentions a few of these mistakes. Avoiding these common pitfalls will help you to deal with your divorce more sensibly and spare you from some of the emotional pain.
Firstly, it is often hard to sever ties with your former spouse. While maintaining a close friendship might feel like a good idea, it will likely only cause more pain and sorrow. Take the time to heal from the divorce fully before you allow your ex back into your life.
While your ex is not the best friend to have at this point, it does not mean that you should endure your divorce alone. You will most certainly need professional help with your divorce. It is important to hire an experienced divorce attorney who will represent you through the divorce process. Other experts can help you to process your emotions and understand what you are going through.
Common Issues During a Litigated Divorce
The issue with any fight is that there isn&t always a clear end or a clear winner. While divorce doesn&t have to be a battle, going to court may create one. The following is things you may expect if you decide to forgo mediation and decide on carrying out a lawsuit to gain dissolution to your marriage.
The first thing you can expect is for a litigious divorce to take a while. There is no arbitrary time limit that dictates how long a divorce can be in court. It can take anywhere from months to years to differing degrees of annoyance.
The second is that the litigation may end up being quite costly. Lawyer fees will generally mount as couples find it impossible to agree on topics like child custody or financial support. This goes hand in hand with the lengthy process of litigating a divorce.
Spousal Maintenance in Illinois
Although many states refer to alimony as the payment from one spouse to a former spouse after the marriage has been dissolved, in Illinois this is known as maintenance. This is different from child support, which is payment made from one parent to a another to help with the costs associated specifically with children. If you're thinking about how maintenance might play out in your situation, you need guidance from an attorney on the matter.
There are essentially four types of maintenance in the state of Illinois.
- The first is permanent maintenance, which may be given if one spouse is deemed unable to cope financially after the divorce.
- The second type is known as temporary maintenance, which can be awarded in the short term while the dissolution of the marriage is still happening.
- Rehabilitative maintenance is given where the court expects that the other party will eventually be able to return to a normal lifestyle and obtain employment. This type of maintenance is awarded in the short term with the expectation that the party will eventually be on their feet again.
What Legally Defines Parenthood?
Jonathan Sporn, a 54 year-old pharmaceuticals executive, and his partner Leann Leutner, a lawyer, were living together in New York City when they decided to start a family. They sought the assistance of an anonymous sperm donor, and last July, Leutner gave birth to a healthy boy.
In December, Leutner took the baby and moved to New Jersey. Tragically, on New Year’s Day, Leutner, who had struggled with postpartum depression, committed suicide. The New York Times has reported that there had been previous attempts to take her own life and a long history of psychological difficulty made worse by the postpartum depression.
But because of the couple’s unmarried status, Child Protective Services didn’t recognize Sporn as the baby’s father and placed the baby in foster care. Sporn has filed a petition for custody of the baby, as has Leutner’s sister, who lives in Illinois. The court has deemed that both homes are appropriate for the baby, and yet he is still in a New York City foster home until the court decides who should have custody.
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