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Tag Archives: abused child

DuPage County family law attorneysTerminating a parent’s rights to their child is not something that occurs regularly, but it is sometimes necessary to ensure the safety and well-being of the child. How, exactly, does one go about doing this? Can it be applied in all situations, or are there only certain scenarios in which a parent’s rights can be terminated? The following answers these questions, and it provides important details on how an experienced family law attorney can assist you with the process, should it be warranted in your case.

Terminating a Parent’s Rights for Stepparent Adoption

Perhaps the best scenario in which a parent’s rights may be terminated is when there is a prospective adopting stepparent who wants to become the child’s legal guardian. Mostly, this is done with the consent of the biological parent. However, there are scenarios in which the family must go through the courts to prove that the biological parent is unfit, unsafe, or otherwise incapable of providing the love and support that the child deserves. In either scenario, the guidance and assistance of an experienced attorney is highly recommended. Note that grandparents, siblings, and other family members may adopt a child if both parents are willing to terminate their parental rights.

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DuPage County family law attorneysDivorce, in and of itself, is a complex legal process. Abuse, particularly the abuse of a shared child, can complicate matters even further. Thankfully, there are actions that you can take protect your child during the divorce process. Learn more, including what an experienced divorce attorney can do for you, with help from the following information.

Focus on Safety First

If you and your child are in an abusive situation, find a place where you can be safe. Family, friends, and even domestic violence shelters are examples of viable emergency options. It is also advised that you develop a safety plan and that you seek assistance with a restraining order. Both can provide additional protection while you are going through the divorce process.

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DuPage County child visitation attorneys, domestic violence, child visitationMaking decisions about child custody during a divorce can be difficult. Making these decisions is even more complex when domestic violence is involved. While an abusive relationship may be limited to the relationship between two adults, there is no way to know the effect domestic violence may have on your child.

As you begin to separate from an abusive spouse you may wonder how to limit the impact of abuse on your children. It is important that you understand how the court may address the abuse issue when making decisions regarding child visitation

Will My Abusive Spouse be Given Visitation?

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DuPage County family law attorney, children and family servicesWhen the Illinois Department of Children and Family Services knocks on your door, you should take the process seriously, whether or not you believe they have a right to take action against you or not.

In Illinois, DCFS is responsible for the protection of children across the state. Therefore, they have the authority to thoroughly investigate anyone suspected of abusing or neglecting children. Child abuse, as broadly defined by Illinois law, is the mistreatment of a child under the age of majority, which is 18, by a parent, intimate partner, immediate relative, roommate (even if unrelated), caretakers (babysitters, daycare workers), educators, coaches, and even youth volunteers.

Understanding Child Abuse or Neglect

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DuPage County family law attorney, domestic violenceThe determination of child custody can be a very difficult topic in both separations and divorces. However, the issue becomes more complicated when domestic violence has occurred in the household. When an order of protection is entered in a case, it severely impacts the rights of one parent. 

In order to obtain an order of protection in DuPage County, as in most other counties across Illinois, a few factors must be present. First, there needs to be some domestic relationship between you and the person you are seeking the order of protection against.  Second, there must be a history of abuse. Lastly, you need to be a resident of DuPage County in order to get an order of protection against the abuser.

If your husband, boyfriend, or family member abused you or your child, you should contact an experienced domestic violence attorney who will assist you obtaining an order of protection to ensure you and your family can live safely without the threat of violence. 

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Abraham Lincoln A lawyer’s time and advice are his stock and trade. -Abraham Lincoln
Warrenville Office
Address28371 Davis Parkway
Suite 103
Warrenville, IL 60555
Phone(630) 657-5052
Fax(888) 350-9195
Wheaton Office
Address1776 S. Naperville Road
Building A, Suite 105
Wheaton, IL 60189
Phone(630) 580-6373
Fax(888) 350-9195
Chicago Office
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Chicago, IL 60654
Phone(312) 985-5676
Fax(888) 350-9195
Joliet Office
Address58 N. Chicago Street
7th Floor
Joliet, IL 60432
Phone(815) 582-4901
Fax(888) 350-9195
Davi Law Group, LLC handles family law, estate planning and real estate matters for clients in Chicago and throughout the western suburbs including DuPage County, Will County, Kane County, Kendall County and Cook County and the cities of Aurora, Bloomingdale, Bolingbrook, Carol Stream, Darien, Downers Grove, Elmhurst, Geneva, Glen Ellyn, Hinsdale, Joliet, Kendall County, Lisle, Lombard, Naperville, Oak Park, Oak Brook, Oswego, Park Ridge, Roselle, St. Charles, Villa Park, Warrenville, Wheaton, Winfield, Woodridge and Yorkville, Illinois.
Warrenville Office
Address28371 Davis Parkway, Suite 103, Warrenville, IL 60555
Phone(630) 657-5052
Fax(888) 350-9195
Wheaton Office
Address1776 S. Naperville Road, Building A, Suite 105, Wheaton, IL 60189
Phone(630) 580-6373
Fax(888) 350-9195
Chicago Office
Address321 N. Clark Street, Suite 900, Chicago, IL 60654
Phone(312) 985-5676
Fax(888) 350-9195
Joliet Office
Address58 N. Chicago Street, 7th Floor,
Joliet, IL 60432
Phone(815) 582-4901
Fax(888) 350-9195
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