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Recent Blog Posts

Child Custody Terms Defined

 Posted on March 11, 2014 in Uncategorized

Child custody may be an extremely contentious factor in a divorce—and occasionally, the language which we use to define and discuss child custody arrangements also can be the topic of debate.

Physical and Legal Custody

The basic words are not overly controversial. ‘Legal custody’ can be defined as the right to make decisions concerning your youngster—things such as education (home-schooling, private, or public), medical/dental care (braces), and religious upbringing. The term ‘Physical custody’ will refer to the youngster’s physical presence in the home.

If you need help gaining custody of a child, contact us today at our Chicago joint custody lawyer’s office at (312) 884-1222 or fill out our easy contact form for a free consultation.

Sole and Joint Custody

The terms ‘joint’ and ‘sole’ may slightly be more complex. It is common for parents to share joint custody in order for them both to possess the legal right to have a say within decisions regarding the youngster. Unless the parents cannot get along whatsoever and each decision might be a battle, judges likely will award joint legal custody. However, as it looks as if joint legal custody might trigger conflict, a judge will award one spouse sole legal custody, or will occasionally designate one spouse as having a ‘tie-breaker’ vote if there is a disagreement.

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Factors the Judge Might Consider when Determining Custody

 Posted on March 10, 2014 in Uncategorized

Every state uses a ‘best interest of child’ standard within custody cases that are disputed. It’s a rather amorphous standard, and a standard which lends itself to judges’ subjective thoughts concerning what is best for kids. Though, there will include some factors you can expect a judge to take into account.

Age of children

Even though the ‘tender years’ doctrine has been out of fashion officially, a few judges still think that younger kids should reside with their mothers, particularly if she has been the main caregiver.

Parent’s living situation

Occasionally, the parent who remains in the family house is given custody of the kids because it permits the kids continuity and stability in their day-to-day lives. At times, the parent who has custody is given the family home, for that same reason. If you’re crashing over your friend’s basement as you get back on your feet, do not expect to gain main custody of the children. If you want to spend a substantial quantity of time with the kids, ensure your home situation reflects this. The proximity of your house to your partner’s also may factor in to a judge’s decision. The more nearby you are, the more likely a judge is going to order a time-sharing plan which provides both parents substantial time with the children. The locality of their school, as well as sports and social activities also may matter.

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4 Things to Know Regarding Divorce

 Posted on March 04, 2014 in Uncategorized

Getting through a divorce might be easier if you are informed of the process before it starts. This post from our Chicago sole custody lawyer’s office provides 4 tips to aid in steering you through this tough time.

1. Court Isn’t All It Is Cracked Up to Be

As things aren’t going well within a divorce case, one partner might threaten to terminate negotiations and move forward with court proceedings. But, the path to a divorce trial is costly and long. The cost of a trial may deplete the assets which often are the subject of a dispute. Even simplistic matters may require several court days to complete, and upon spending thousands of dollars, partners and their lawyers are left with the uncertainty of how a judge might rule.

2. Think about Court Alternatives

Many individuals believe every divorce ends up in court. As a matter of fact, there are alternative methods of resolving divorce cases. One way includes ‘mediation’ where a mediator (neutral 3rd party uniquely trained to work on divorce cases) facilitates one-on-one negotiations between spouses and assists them in working out mutual agreements. This mediator often recommends that each partner consult with a lawyer as the mediation process is proceeding. But, these consulting lawyers do not attend these sessions.

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Basics on Illinois Divorce

 Posted on March 03, 2014 in Uncategorized

These rules will apply to same-sex and opposite sex couples who are civil union partners, as well as opposite-sex married couples.

Grounds for Divorce

The state of Illinois recognizes both fault and no-fault grounds for divorce. To obtain a divorce based upon no-fault grounds, otherwise referred to as ‘irreconcilable differences,’ both parties must’ve been separated for at least two years. If both parties concur in writing to the divorce, only a 6 month separation is needed.

But, if both parties do not concur to the divorce, haven’t been separated for at least two years, and cannot get the court to waive a separation requirement, one of the partners may file for a divorce based upon fault grounds. Such grounds involve a felony conviction, cruelty, desertion, bigamy, adultery, or impotency. The Illinois family law court might require the partners to go to counseling or a conciliation conference or if there are kids involved, an educational program concerning the effects of divorce on kids.

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