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Child custody and support cases are often decided in conjunction with a divorce case. Others are heard on their own, either because the parents never married, or because the issue of custody was not originally addressed when the couple divorced. Regardless of the circumstances of how the case came to be in the court, all child custody cases involve the same rules of law.
First Things First
In order to hear a child custody case, the court must have jurisdiction to do so. This means that the court must be legally allowed to make decisions pertaining to the parties involved in a case. This may be an issue particularly for parents who live in different states. The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) puts forth the rules to follow on this issue. In the state of Illinois, a court can hear a child custody case if:
Gwyneth Paltrow has been making headlines lately, and the stories do not necessarily cast the movie star in a positive light. She’s been known to make out-of-touch comments in the past, and recent events have been no exception. One remark alluded to the fact that “regular” moms who work 9-to-5 jobs have a more manageable schedule than film stars, who often have to work 14-hour days for a few weeks in a row. The backlash from women across the country was palpable immediately following the interview. The other communication that earned Paltrow notoriety in the press was her announcement recently that she and her husband have decided to part ways by what she described as a “conscious uncoupling.”
Changing the Concept of Divorce
There are few challenges in life more difficult than divorce. It is certainly a hassle to gain a legal end to your marriage and determine how to divide important family assets, such as the family home. Often the biggest challenge in a divorce though is figuring out the custody arrangements of children. Such a process can be fraught with complications and emotions.
Who is the Primary Caregiver? - The court will look to see who is the primary caregiver of the child. This is the person who provides the child with food, takes them to school, purchases their clothes, and performs other necessary duties.
Divorce is a painful process--legally, financially, and emotionally. Considering the immense strain placed on involved partners, it is important to consider some tips for coping with the pressures of divorce.
Raising a disabled child, particularly one who has psychological or intellectual disabilities can be a difficult and trying experience. As your child approaches his/her 18th birthday, there are a number of things to consider. In most states, the responsibilities of a young adult are assigned when a youth turns 18. Assuming guardianship of your child may be the best option to help you protect your child as they enter adulthood.
Under Illinois state law, there are two types of guardianship that you may consider. The first of these is limited guardianship. This type of guardianship is used when the disabled person can make some, but not all, decisions pertaining to themselves and their finances or estate. When assuming limited guardianship, the powers granted to you must be specifically listed within the court order. This type of guardianship can grant you limited guardianship of the person, finances/estate, or both. The second type of guardianship is plenary guardianship. This type of guardianship is more restrictive than the first, and is used when the “individual’s mental, physical, and adaptive limitations” make it necessary for the guardian to make all important decisions regarding personal care and finances. There is one other option that you need to consider: testamentary guardianship. This is used by parents of a disabled child to designate a guardian upon the death of both parents in your will. While the final guardian will still need to be appointed and approved by the court, this ensures that the courts will take your wishes for guardianship into account before making their decision. It is important to remember that should your proposed guardian be found inappropriate, the court will still have the power to appoint someone else. Knowing which type of guardianship to consider and what steps are necessary to assume guardianship can be difficult. Having a qualified family law attorney can help make the process smoother for your family. Contact the experienced family law attorneys at Davi Law Group, LLC today for a consultation on your case.
A new theory is being tested to curb the divorce rate among newly married couples. In light of the statistic saying almost half of married couples divorce in the first four to five years, many professionals are asking what can be done to improve that number. A recent article suggests that the answer may be easier than one may think.
Watching Movies
One researcher is exploring the possibility that a task as simple as watching a movie with your spouse may curb your chances of divorcing. He has been asking couples to watch five movies per month that have a theme of exploring relationships and then discuss the movies with each other. The idea is to strengthen marriages while couples are happy with the relationship, which, ideally, would improve the odds against getting a divorce. The model suggested offers couples the opportunity to essentially participate in a form of therapy on their own, while also taking part in an activity they would otherwise find enjoyable.
Many people can undoubtedly relate to a situation in which they have made a poor decision as a juvenile. Though the activities associated with poor judgment as adolescents may vary in degree and seriousness, most individuals involved in such a situation usually see the error of their ways, learn, and move on. Others are not as lucky. In fact, some of those juveniles seem to deal with the consequences of a bad decision for the rest of their lives. One such situation involves juveniles who are required to register as sex offenders.
The Troubling Statistics
A study recently released by the Illinois Juvenile Justice Commission states that the requirement for juveniles to register as sex offenders interferes with the juvenile’s efforts at rehabilitation and punishes them for a crime that the majority never commit again. The Commission is recommending banning the practice of adding juveniles’ names to sex offender registries who are under the age of 17. Currently, all juveniles convicted of sex crimes are required to register, and 70 percent of them must do so for life.
Often in divorce or child custody cases, the primary concern is, or should be, the well being of any children that are involved in the case. In fact, the standard the court uses to make decisions regarding custody and support is always what is in the best interests of the child. Now, a recent article suggests that establishing routines for children to follow is found to boost their social and emotional health, which would be in their best interests, and may help when adjusting to new lifestyle changes, such as divorced parents and split schedules.
Routines that Focus on Consistency
The article features a number of parents who testify to the fact that routines and providing children with constants in their lives helped them adjust to change while also teaching them to be flexible. The idea is not so much focused on sticking to a tight schedule, but rather valuing consistency that give kids a sense of security and belonging by providing them with structure and a stable environment. Research shows that this leads to kids feeling more competent and confident.
Ending your marriage also changes many other aspects of life. Not only does one’s social life change, but divorce can cause a number of legal effects on your life as well. After divorce, one key issue to consider is changing your estate planning documents to reflect your new status your new estate planning wishes. Following is a good framework for this estate planning issue, and what can be done to make sure that your wishes are carried out after a divorce.
Automatic Changes
While you will need to make some specific changes to your documents after divorce, some changes are automatic. For example, Illinois law provides that once you are divorced (have a final decree of divorce), any provisions in your will providing for an ex-spouse will be revoked automatically. This addresses one possible outcome, but does not serve to protect the testator from the other implications that can arise if a will is left unchanged after a divorce.
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