Sometimes in an Illinois divorce proceeding, one side will allege domestic violence, child abuse or child neglect, with or without proof or foundation, in order to influence the court’s decision on child visitation or child custody. When you are considering filing for divorce and there are domestic violence, child abuse or child neglect issues involved,…Read More
Determining Child Custody and Support for a Disabled Child in a Divorce
When there is a child with special needs involved in a divorce, issues of child custody, visitation, child support, spousal maintenance and property division are significantly more complex. As a guiding principle, courts consider what is in the best interest of the child when deciding parenting time arrangements, aka child custody and visitation. However, determining…Read More
Resolving Illinois Child Custody Disputes
If divorcing parents are unable to work together regarding child custody and visitation arrangements (aka parenting time), the case may go to court in order to find a resolution that serves the child’s best interests. Although parents presumably know what is best for their child, they may lack objectivity in a contentious divorce so a…Read More
Court Orders Fine for Refused Child Visitation
Child custdody and visitation disputes are not merely a problem in the U.S., but all around the world. An estranged husband in Tokyo who refused his ex’s visitation rights to see their daughter has been order to pay a whopping 1 million yen (roughly $8,000) each time he refuses to allow visitation. Following their separation…Read More
Invisible Injuries of Domestic Violence
What researchers have learned from combat soldiers and football players and car-accident victims is only now making its way into the domestic-violence community: that the poor recall, the recanting, the changing details, along with other markers, like anxiety, hyper-vigilance, and headaches, can all be signs of traumatic brain injury inflicted at the hands of an…Read More
Petitions for Rule to Show Cause
There is an Appellate Court Opinion entitled Knoll v. Coyne, 2016 IL App. (1st) 152494. It was decided September 30, 2016. The case involved the mother who did not permit the father to have visitation with the child. He filed a petition for rule to show cause. The Court found that the mother willfully violated…Read More
Illinois Petition for Temporary Relief in a Divorce | Emergency Motions
If you are dependent on your spouse’s income and are considering divorce, you may worry about how you and your children will get by financially until everything falls into place. You may also be concerned about how the custody of your children will be handled or whether you will be able to stay in the…Read More
Interstate Child Custody Determinations
Sometimes when couples separate, one may move to a different state to be closer to family, secure employment or other reasons. However, this may raise a question of jurisdiction when trying to get a divorce or determine child custody arrangements if there are children involved. In order to get a divorce in Illinois, the Illinois…Read More
Child Custody Relocation
In a recent case, Michael Strauss of Schlesinger & Strauss, LLC represented a mother seeking an international child relocation. The mother filed a Petition to Register Foreign Judgment which had been entered in Richmond county, Georgia on July 14, 2014. On December 8, 2015 the mother filed a Verified Petition to Modify Custody seeking permission…Read More
Law of Parentage
Effective January 1, 2016, the Illinois Legislature significantly revised the law of parentage. Parentage applies to parents who are not married to each other who have a child. This law is somewhat different from what happens if the parents are married. However, some of the items, parenting time, decision making, and child support, are similar…Read More
