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Tag Archives: child custody

Wheaton DCFS child abuse investigation lawyerAlthough spousal abuse and child abuse are unfortunately all too common, there are some situations in which false allegations are made. If you have found yourself facing a legal custody battle based on made-up accusations, you will definitely want to seek the advice of a knowledgeable family law attorney. 

Steps to Take

A disgruntled spouse or ex-spouse may think that accusing the other party of abuse will help win a custody case, even if nothing of the sort ever actually happened. They may involve DCFS, or they may go straight to the court. In these cases, it is of utmost importance that you remain calm and cooperate with any investigations that may take place. A judge will most likely try to err on the side of caution where a child is involved, but at the same time, courts are not willing to take away parenting time without clear, just cause. The worst thing you could do during this time is lose your cool. That is why it will help to have legal counsel for advice and to give you confidence in your case.

It will also be valuable to you if you can gather evidence and witnesses to vouch for your reputation. Friends, neighbors, family members, or others who have spent time with you and your children may be willing to testify, whether it be to DCFS, a Guardian ad Litem, or in court, that they have seen you treat your children well and have not seen any signs of abuse. These witnesses can be great resources in your case.

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Wheaton family law attorneysThe divorce process can have a negative impact on all involved parties, but child experts say that it is children who are at the greatest risk for long-term, negative effects. Part of this can be attributed to their lack of control in the situation, but there are other aspects of a divorce that can increase a child’s risk of developing mental, emotional, or behavioral issues during the process. For example, studies suggest children are more likely to suffer from maladjustment if interactions between their parents are contentious or tumultuous during the proceedings. 

What is Childhood Maladjustment? 

Childhood development is a complex process. Its course is determined by both nature and nurture - or what some would call a child’s environment and genetic makeup. Major events that change the dynamics of a family, whether positive or negative, can also have an impact on a child’s development. The birth of a sibling is usually seen as a positive influence, as they must learn to share their time, toys, and attention, which can ultimately make them more compassionate and empathetic people. 

Divorce tends to be seen as a negative influencer. It can leave children feeling at fault for the dissolution of their parent’s marriage. Fighting and tumultuous proceedings can also cause the child to feel as though they have to choose a side in the divorce, which can significantly impact their relationship with both parties - not just the parent that they attempt to snub. Some struggle to adjust when one parent leaves the home. Others may feel as though their entire world has been turned upside down, which may cause them to develop symptoms of depression or anxiety. 

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Wheaton divorce attorneysDivorce can be a painful and difficult process for all involved parties, but children are said to be at an exceptionally high risk of experiencing long-term consequences. Child experts believe their heightened risk of complications could be attributed to the sense of powerlessness that children often feel during the divorce process. 

Children typically have no say over whether their parents’ marriage continues. In fact, most are unaware that a divorce is even happening until the proceedings are well underway. They are also rarely given a say over the decisions that are made during the divorce process, yet many of them affect the child’s day-to-day life. Examples include where the child will live and go to school and the amount of time that they get to spend with each parent once the divorce has been finalized.

Thankfully, it is possible for loving parents to mitigate many of the issues that children may experience during and after the divorce process. The first (and perhaps most important step) is to ensure that you put your child at the center of every decision you make - especially if it will directly affect them in the months and years to come.

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Wheaton divorce lawyersDivorce can dredge up a lot of anger and resentment toward your spouse - especially if you are not the one who filed. Yet, as a parent, it is critical that you remember your child is the innocent party, and they need love and support from both their parents to help them cope. Increase your chances of meeting their needs by avoiding the saying the following things to your child during and after the divorce process, and discover how a seasoned divorce lawyer can further decrease the chances that your child will suffer from maladjustment issues down the road. 

Your Mother/Father is a “Deadbeat” (and Other Negative Names)

Children are half of each parent, so when one parent attacks the other, the child may start to think that there is something wrong with them as well. So, regardless of what your ex is doing (or has done in the past) do your best to try and keep your opinions about them to yourself. If you need to talk about your spouse’s behavior or the details of the divorce, turn to family or friends who are on your side or make an appointment with a therapist or with a support group. Just make sure that your child is not within earshot when discussing such issues. 

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interstate child custody issues, DuPage County family law attorneysWhen parents and their children have lived in different states throughout the duration of the marriage, extremely complicated issues arise regarding child custody in a divorce case. In Illinois, the key for handling disputes is jurisdiction—a court’s authority differs when handling divorce matters versus child custody battles. Jurisdiction may be proper over one aspect of the case, but not appropriate for the other. Because of the highly complex nature of the legal issues involved, it is wise to retain an Illinois divorce attorney with experience in interstate child custody issues.

Divorce Jurisdiction

Under the Illinois Marriage and Dissolution of Marriage Act, a court has jurisdiction to enter an order of dissolution of marriage so long as one of the spouses was a resident of the state when filing for divorce. In addition, jurisdiction is proper if one of the spouses was stationed in Illinois as a member of the armed services. The spouse must be a resident or have military presence in the state for at least 90 days prior to initiating divorce proceedings. Once the filing spouse meets the 90 day requirement and submits the petition for divorce, the case will proceed in Illinois regardless of where the other spouse lives.

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Abraham Lincoln A lawyer’s time and advice are his stock and trade. -Abraham Lincoln
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.
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