Contact Us

Warning: count(): Parameter must be an array or an object that implements Countable in /home/ocvhgcloud03/public_html/domain_bknlaw.com/components/com_easyblog/views/categories/view.html.php on line 306

children, best interests of children, Kane County family lawyersIt is reasonable to believe that one of the most difficult decisions that a family court judge must ever make is to rule against a biological parent seeking custody of his or her child. The state of Illinois, like most jurisdictions, holds the rights of parents in extremely high regard, often going to great lengths to protect such rights in all manner of unusual situations. Sometimes, however, the right of the child to a safe, healthy environment supersedes parental rights, and, in those cases, a judge must intervene on behalf of the child. Such was the scenario in a Cook County courtroom last week, as a family court judge ruled that three children were likely to be abused if they were permitted to remain with their mother, a woman with a well-publicized history.

“We Do Not Have to Wait for the Injuries.”

The case in question involved three children, ages 5, 3 and 1, of a woman who was convicted of child endangerment in 2006. Her conviction was related to the 2003 drowning deaths of her three previous children, ages 6, 3, and 2 at the time. The woman’s boyfriend at the time was convicted of first-degree murder and is serving a life sentence, while the woman served five years in prison and has since been released. In last week’s ruling, the judge decided that not enough has changed in the woman’s life since then, and that, even without the previous deaths being considered, there is evidence that abuse and neglect exist in regard to her current children.

...

Posted on in Child Custody

child custody, new laws, Illinois family law attorneyWhen you hear the phrase “custody battle,” it is nearly impossible to think of anything but a competition between parents over who should be given primary responsibility for the couple’s children. It implies that, in most cases, one parent will “win” and one will “lose,” or that both parents will feel like they have somehow been shorted in the process. As part of this past summer’s family law reform bill, however, a new law in Illinois is designed to help reduce potential acrimony between parents and focus on providing for the best interest of a child subsequent to a divorce or other separated parent situation.

Sole Custody and Joint Custody

For many years, legal child custody has been granted either to one parent, as the sole custodian, or to both parents in a joint custody arrangement. As a separate concept from physical custody, which simply refers to where the child lives, stays, and is cared for, legal custody pertains to the right to make important decisions regarding the child and his or her upbringing.

...

teacher, school, Kane County Child Custody LawyersGetting back into the classroom after a summer of freedom can be difficult for any child. For a child whose parents have recently divorced or separated, adapting to the new reality of the school year can be even more challenging. Many children struggle with transitioning to a new grade, new teachers, or a new school, but add in the complications of a divorce and your child could quickly feel completely overwhelmed. As the school year ramps up, however, it is important for you and your ex-spouse to communicate with your child’s teachers so that they can be better aware of your child’s current environment.

Explain the Basics

Whether this is your child’s first year in school after the divorce or not, his or her teachers can be a tremendous source of extra support. However, they cannot know what is happening in your child’s life unless you tell them. Schedule a time, either at a parent-teacher conference at the school or during a simple phone call, to let the teacher know a little bit about your situation. There is no need, of course, to place blame for the divorce or go into personal details, but by including the teacher in the conversation, he or she can better provide guidance to your child throughout the year.

...

Posted on in Child Custody

best interest, child custody, Illinois family law attorneyIn any proceeding related to a child in Illinois, the primary concern, by law, is always the best interest of the child. Family courts and judges are expected to keep the child’s needs and well-being among the highest priorities, and are granted the discretion, in most cases, to ensure that such interests are fully addressed. The child’s best interest is often of primary concern in child custody or visitation proceedings, and, while, some of the language in the law regarding child custody is set to change in 2016, the goal of protecting children will remain the same.

Allocation of Parental Responsibilities

As part of the family law overhaul passed in Illinois earlier this summer, the concept of "legal" custody of the child is essentially being eliminated beginning next year. While, in most cases, one parent may be granted primary physical custody for the purposes of school registration and child support concerns, decision-making responsibilities regarding the child will be divided between the parents either by mutual agreement or at the discretion of the court. The change hopes to bring the focus of such proceedings back to the child, rather than on “winning” or “losing” custody rights.

...

child removal, parental relocation, Illinois Family LawyerSeveral weeks ago, a post on this blog mentioned that pending legislation in Springfield was poised to bring significant changes to family law statutes throughout Illinois. More recently, the measure was approved by Governor Bruce Rauner and is scheduled to become fully effective on January 1, 2016. While the law takes aim at a number of family-related concerns, including divorce and child custody, it provides a major overhaul to the current law regarding parental relocation and removing a child from Illinois when subject to a custody order.

Seemingly Unbalanced Current Laws

Illinois law, for a number of years, has included statutory provisions regarding child removal. Under the law, child removal referred to a custodial parent taking his or her child out of Illinois on a permanent or temporary basis. To move permanently out of state, the law currently requires a parent with custody of the child to obtain the permission of the other parent or the approval of the court. The court may override the other parent’s refusal if the move is found to be in child’s best interest.

...

Recent Blog Posts

Categories

Archives

Contact Us

NOTE: Fields with a * indicate a required field.
*
*
*
*