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Posted on in Child Custody

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.

Posted on in Adoption

Illinios divorce attorney, Illinois family law attorney, foster child,Foster care is designed to be a temporary solution, eventually leading to adoption. However, Illinois officials also want it to be a positive experience – or at least as positive as the experience can be under the circumstances. That is why the Department of Children and Family Services works with foster families to ensure that every child’s needs are met. The department provides a variety of services, including:

  • Financial assistance – Foster parents generally receive a monthly stipend to cover the child’s food, clothing and other personal expenses. The stipend amount depends on the child’s age.
  • Medical care – Illinois pays for every foster child’s necessary medical expenses as well as for preventative care. The child’s foster parents will be given a medical card that is accepted by many hospitals and for approved prescriptions. DCFS will also tell parents how to find a physician for their foster child.
  • Education services – Foster children generally attend public school. (The state will not pay for a foster child to attend a private or parochial school.) However, if a foster child requires special education, the state will pay for those services.
  • Personal support – A supervising child welfare agency and the foster child’s caseworker are available to provide support services on a daily basis. Such services include support groups, after-hours numbers and informational newsletters.

Youth Advise DCFS on Foster Care Services

Under a new Illinois law that took effect on January 1, DCFS must convene a Statewide Youth Advisory Board and regional youth advisory boards to work with DCFS on foster care services. Board members are appointed by DCFS and must be between 14 and 21 years old and be either former or current foster youth. The state board’s responsibilities include:

Illinios divorce attorney, Illinois family law attorney, gay marriage, gay divorce,A Florida judge recently allowed a gay couple to divorce, even though the state did not officially recognize the couple’s right to marry in the first place. However, that might change soon. In August 2014, a federal district judge overturned Florida’s gay marriage ban. Both the Eleventh Circuit Court of Appeals and the U.S. Supreme Court refused to extend a stay on the ruling, which means that gay couples were able to marry beginning in January.

Florida’s first same-sex divorce is a harbinger for gay couples in Illinois, where gay marriage became legal in June 2014. Illinois gay couples now have the same rights as straight couples, which includes the right to divorce. Not every state permits same-sex marriage, though, so a gay couple that marries in Illinois could move somewhere that does not recognize their marriage – or their divorce.

Same-Sex Marriage and the U.S. Supreme Court

Posted on in Divorce

Illinios divorce attorney, Illinois family law attorney, property settlement, Aside from child custody, division of marital property is one of the most contentious issues divorcing couples face, especially if they entered the divorce proceeding without a premarital or postmarital agreement outlining these particulars.

The first thing to understand is exactly what assets constitute marital property, as opposed to non-marital property. The law presumes that all property acquired by either spouse during the marriage is marital property.  However, there are several exceptions:

  • Property acquired by gift, legacy or descent;
  • Property acquired in exchange for non-marital property (assets brought into the marriage) or in exchange for property acquired by gift, legacy or descent;
  • Property acquired by a spouse after the couple has been legally separated (remember that a legally separated couple is still married);
  • Property excluded by a valid agreement between the parties, such as in a premarital agreement;
  • Increases in value of property acquired by any of the above methods; and
  • Income from property acquired by any of the above methods.

Equitable Factors

Posted on in Divorce

Illinios divorce attorney, Illinois family law attorney, Illinois marriage statute

Divorce is a common occurrence in the United States. Most Americans “enjoy” this right and probably take it for granted that an unsuccessful marriage does not have to last forever. In fact the right to divorce exists everywhere in the world – with one exception.

 The Philippines is the only country that does not allow a majority of its citizens to divorce. (The country permits divorce between Muslim couples.) The only recourse for unhappily married couples is church annulment, civil annulment or legal separation. Of course, couples who legally separate are not allowed to remarry, and annulment requires evidence that the marriage was defective (e.g., one of the parties was too young or already married). Note that a marriage cannot be annulled due to irreconcilable differences or infidelity.

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