Posts

Showing posts from March, 2022

Do I Need a Divorce or Family Law Attorney?

Image
Are Family Law and Divorce Law the Same? While the terms “family law attorney” and “divorce attorney” are often used synonymously, divorce is now considered to be just one part of the practice of family law. In Cook County, and other court systems, divorce and parentage cases used to be handled by separate judges in separate parts of the building. While once considered to be two discrete areas of law and practice, over time the judiciary recognize that while not exactly the same, these cases were close enough in fact and law that they should be combined into one area of the courthouse under the heading of Domestic Relations. The blending of divorce and parentage cases in many ways created the more general header of “family law attorney” versus “divorce attorney”, as it implied that an attorney working in family law was also knowledgeable about parentage cases, child support cases, grandparent visitations, and other cases outside the boundaries of divorce. For some attorneys, family law...

Illinois Law Update – Can a Guardian Ad Litem Speak to a Therapist in My Case?

Image
The Illinois Marriage and Dissolution of Marriage Act in recent years gave the courts in Illinois the authority to order therapy for a minor child, family counseling for one or more of the parties and the child, or parental education for one or more of the parties if it finds that the parents or all parties agree, that the child’s physical health is endangered or that the child’s emotional development is impaired, or that an abuse of allocated parenting time has occurred, or, one or both of the parties violated the judgment with regard to conduct affecting or in the presence of the minor child.  {See 750 ILCS 5/607.6 regarding same}.  However, the same statute previously explicitly indicated that all therapy would be confidential. As of August 13, 2021, Illinois enacted Public Act 102-349, and the statute is now modified.  It no longer has a provision stating that therapy would be strictly confidential.  This kept all information obtained by a Guardian Ad Litem fro...

How to Prepare for a Divorce Attorney Consultation

Image
Choosing your divorce attorney is a lot like picking out a new car to buy. You need to know the cost of the car, the different features the car offers you and your family, and really, how you can get the most for your money from the car in the long run. Similarly, these are just a few of the same things to consider when choosing your divorce attorney . You would never just choose a random car you found on Google, or pick a car based solely on someone else’s experience, so why would you do that with your divorce attorney ? There are enough attorneys in Chicago, that if you do your research and prepare for your meetings with potential attorneys you will end up with someone you feel comfortable with and someone that you trust with your case.  6 Tips to Help You Prepare for Your Divorce Attorney Consultation Your initial consultation with a divorce lawyer should provide you with information on how the divorce process works, information about your legal rights going into the case, and y...

When A Parent "Abducts" Their Own Child

Image
Can a biological parent abduct his or her own child? Does child abduction only occur when there is a custody dispute or divorce? The answer is “yes” a biological parent can abduct his or her own child and, “no”, a custody dispute or divorce is not a necessary precursor. What is Child Abduction? Child Abduction is the wrongful taking or removing, retaining or concealing a child.  It is the taking away a person by persuasion, by fraud, or by open force or violence. There are two types of child abduction: - parental child abduction and - abduction by a stranger. This article discusses abduction by a parent from another parent who has custody of that child. Understanding Parental Abduction Laws All the states have adopted the Uniform Child Custody Jurisdiction & Enforcement Act (UCCJEA), which became effective on January 1, 2004. Besides the UCCJEA, there are other laws that may be involved in international or interstate custody jurisdiction disputes. These include the ...