When trying to determine what is in the best interest of a very young child in a contested child custody proceeding, judges will look at many factors. Continuity of care often weighs heavily in a judges determination when it comes to young’s kids who cannot make heads or tails out of a divorce, let alone…Read More
Does Having a Criminal History Impact Child Custody?
An arrest or conviction may affect your parental rights in Illinois. Having a criminal history can lead to challenges when trying to gain custody or visitation with your children, referred to in Illinois as allocation of parenting time and responsibility. Courts consider the best interests of the child when making child custody determinations. Typically, a…Read More
Grandparent Visitation Following Divorce or Separation
When spouses divorce, they may feel that giving up time for a child to spend with their grandparents is too much of an imposition when parenting time may already be limited. However, grandparents can be an important part of a child’s life and to deprive a child visits with grandparents may interfere with what may…Read More
Child Custody When a Parent is Facing Incarceration
The U.S. has one of the highest incarceration rates in the world and, unfortunately, millions of children may have parents that are in jail or prison at some time in their childhood. Because there are potentially negative consequences for a child of an incarcerated parent, considering a child’s best interest with regard to child custody…Read More
Fighting an Illinois Restraining Order Alleging Domestic Abuse
Unfortunately, domestic violence continues to be a serious problem across the nation and in Illinois. The Illinois Domestic Violence Act (750 ILCS 60/) provides victims a way to get court orders of protection, aka restraining orders, to protect victims and their children from abusers. Although certainly many incidences of abuse can be prevented using restraining orders, sometimes…Read More
Who Plays a Role in Illinois Child Abuse and/or Neglect Cases?
Typically, many parties become involved in a child abuse and/or neglect case, which can sometimes make it difficult for parents of the child to figure out who’s who and what their roles are. Typically the case will involve multiple individuals advocating for the child’s best interests: State’s Attorney The States attorney represents the Department of…Read More
Tug of War Over Frozen Embryos in a Divorce
With the number of frozen embryos reaching 1 million in the U.S., many predict that legal disputes over frozen embryos will increase when couples divorce. In cases such as these, one spouse may want to keep the embryos to conceive children at some point in the future, while the other spouse does not. Many state…Read More
Helping Your Child Transition Between Homes After Divorce
Following a divorce, children will often spend time in two home settings instead of one. Transitions are difficult for children, especially when they are young, so even the most thoughtful parenting time arrangements will require patience and understanding for your child to adjust to the change in circumstances. During the initial period following a divorce…Read More
Michael Strauss Weighs in on Proposed Child Custody Bill
When parents divorce, there is no one parenting plan that fits all families. There are many issues to consider such as a child’s ability to adapt to the new arrangement, the geographical distance between parents or even the potential for domestic violence, particularly in families with a history of abuse. Every family has a unique…Read More
Child Relocation & Child Custody
Following a divorce, some parents may want to relocate to another location and begin anew. They may have a new significant other, a new job or just want to be closer to extended family. As of 2016, if you are planning to move, you may need the blessing of the other parent if you plan…Read More
