Tag Archives: custodial parent

spousal-supportTraditionally, wives stayed at home to manage their households and devote themselves to raising their children full-time while husbands worked outside the home, providing all the financial support the family needed. As our attitudes toward gender roles and economic circumstances changed, it became more common for both parents to work outside the home to provide for their children. Today, opting out of the workforce to devote oneself to full-time homemaking is a luxury for many Illinois parents of both genders. When a couple decides to divorce, the fact that one of the parties spent a considerable amount of time out of the workforce can have a significant impact on the couple's divorce settlement. In Illinois, marital property is divided according to the principle of equitable distribution, which means that each spouse receives a portion of the couple's property according to his or her financial need following the divorce and economic and non-economic contributions to the household during their marriage. If you spent most or all of your married life as a stay-at-home spouse, talk to an experienced divorce attorney about how this can affect your settlement.

You Can Seek Spousal Maintenance

Spousal maintenance is money paid from the higher-earning spouse to the lower-earning spouse to cover his or her financial needs after a divorce. If you do not have the vocational skills or education to get a job that will meet your financial needs, you can seek what is known as rehabilitative maintenance, which is money that you can receive while you obtain the necessary credentials to seek sufficient employment.

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b2ap3_thumbnail_child-custody-and-religion.jpgFor many families, the question of the children's religious upbringing can be a contentious topic. Parents of different faiths, and sometimes even parents of the same faith, can find themselves in conflict over the religion in which to raise their children and the extent of the role that religion plays in their lives. After a divorce, you need to be able to work with your former spouse to raise your child. This will require you to communicate and be willing to compromise with each other on certain issues. One of these issues might be your child's religious upbringing.

Who Gets to Determine Your Child's Religious Upbringing?

Under the Illinois Marriage and Dissolution of Marriage Act, the custodial parent has the right to choose the child's religion and related training, such as parochial school, cultural traditions, church attendance, and after-school religious activities. Unless there is a significant reason why the custodial parent's religion is not in the child's best interest, the court will support the custodial parent's decisions regarding his or her child's religious upbringing.

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Illinois divorce attorney, Illinois family lawyer,parental abductionWhen many parents imagine child abductors, they think of strangers attempting to lure children into their vehicles or away from their parents in public spaces. However, the statistics collected and reported by the National Center for Missing and Exploited Children paint a much different picture. In the most recent study of missing children in the United States, only 115 were victims of what's considered to be a “stereotypical kidnapping.” More than 200,000 of the approximate total of 800,000 were taken by family members. Any noncustodial parent who takes his or her child from the custodial parent and keeps the child beyond his or her court-approved parenting time may be charged with child abduction. Child abduction is a serious offense that can result in fines, probation, and jail time for a guilty parent. This is included in Chapter 720 of the Illinois Criminal Code.

What is Parental Child Abduction?

Parental child abduction is any situation where a parent takes his or her child from the child's other parent and keeps him or her through threat or force beyond the parent's allotted custody time. Simply losing track of time or otherwise missing a custodial deadline is not enough to warrant a child abduction charge. To file a child abduction charge, one of the following must occur:

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Illinios divorce attorney, Illinois family law attorney, parental rights,In some cases, courts have trouble enforcing child custody orders and orders forbidding removal of the child from the court’s jurisdiction. If the respondent improperly removes the child from the petitioner’s physical custody or improperly retains the child after his visitation time legally ended, then the court may enter an enforcement judgment.

If the child’s whereabouts are known, then the judgment may direct law enforcement to assist the petitioner in apprehending the child. Moreover, the judgment may authorize babysitters, teachers or anyone who has custody of the child to surrender the child to law enforcement.

The enforcement order may be entered without providing notice to the respondent if the court determines that notice would make it more difficult to locate the child. For example, the respondent might conceal the child or take him out of the state.

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marriage rights, Illinois family law, Illinois divorce attorney, St. Charles family law attorney, Marriage bestows certain rights and responsibilities upon spouses. These marriage rights can vary based on where you marry and whether or not your jurisdiction even allows you to marry (for example, while same-sex marriage is now legal in Illinois, it is not allowed in numerous states). Illinois sets forth a couple’s rights in the Rights of Married Persons Act, including:

  1. Right to sue and be sued: A married person may sue or be sued without joining his or her spouse as a party in the lawsuit. Spouses may also sue one another for any tort (a civil wrong) committed during the marriage.
  2. Defense in own right or for the other: If the spouses are sued jointly, either party may defend in his or her own right. Furthermore, if one spouse decides not to defend himself, the other spouse may defend for them both.
  3. Spouse desertion: If either spouse deserts the family, the other spouse may prosecute or defend, in the deserting spouse’s name, any action that the deserter might have prosecuted or defended.
  4. Recovery of damages: If one spouse commits a civil injury, damages are collected from that spouse alone. The innocent spouse is only responsible for the damages if he or she would be held jointly responsible if the marriage did not exist.
  5. Debts incurred before marriage: Neither spouse is liable for any debts or liabilities that the other spouse incurred before marriage. They are also not liable for the other spouse’s separate debts.
  6. Earnings: A married person may receive, use and possess his (or her) own earnings and sue for those earnings in his (or her) own name, free from his (or her) spouse’s interference or interference from his spouse’s creditors.
  7. Property: Not all property held by a married person is considered marital property (belonging to both spouses). For example, if a married person obtains real or personal property by descent or gift, that property belongs to the individual and not to the marriage.
  8. Unlawful possession of non-marital property: If a spouse unlawfully obtains possession of the other spouse’s non-marital property, the property owner may initiate a legal action against that spouse.
  9. Attorney in fact: A spouse may consider the other spouse to be his or her attorney in fact in order to dispose of property for their mutual benefit.
  10.  Removal of children: Generally, neither spouse can remove their children from the home without the other spouse's consent. (“Removal” does not apply to routine comings and goings, such as running errands or going to school.)  If one spouse abandons the family, however, the abandoned spouse gets custody of the minor children and does not need the other spouse's consent to move the family elsewhere.
If you have questions pertaining to marriage rights – whether the question concerns a joint or separate legal battle, the disposition of marital property or something else entirely – contact one of our experienced St. Charles family law attorneys today.
Goostree Law Group

Goostree Law Group

 555 S. Randall Road, Suite 200
St. Charles, IL 60174

 630-584-4800

 400 S. County Farm Road, Suite 300
Wheaton, IL 60187

 630-407-1777

Our Illinois divorce attorneys represent clients in Kane County, DuPage County, Kendall County and DeKalb County, including Geneva, Batavia, St.Charles, Wayne, Wasco, Elburn, Virgil, Lily Lake, Aurora, North Aurora, Elgin, South Elgin, Bartlett, Crystal Lake, Gilberts, Millcreek, Maple Park, Kaneville, LaFox, Yorkville, Oswego, Plano, Sugar Grove, Big Rock, Bristol, Newark, DeKalb, Sycamore, Naperville, Wheaton, West Chicago, Winfield, Warrenville, Downers Grove, Lombard, Oak Brook, Streamwood, Hoffman Estates, Barrington, South Barrington, Lake Barrington, Schaumburg, Big Grove, Boulder Hill, Bristol, Joliet, Kendall, Lisbon, Minooka, Montgomery, Plainfield, Sandwich, Yorkville and many other cities.

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