Family Law Articles

/Family Law Articles

FATHER’S CONSENT TO ADOPTION REQUIRED

Mother and stepfather petitioned for termination of the biological father's parental rights.  They wanted to adopt the child together. The Circuit Court terminated the biological father's parental rights.  This was based on the biological father’s failure to register with the putative father registry. The biological father appealed. The Appellate Court saw that the biological father's [...]

By | May 2nd, 2019|Adoption, Family Law Articles|0 Comments

IS THE CHILD AN INDIAN CHILD?

The child was adjudicated as a neglected minor on two occasions.    The State alleged that the parents physically abused S.S. or allowed such abuse to occur.   And, and that C.N. was at risk. According to the State's petition, S.S. was hospitalized with two skull fractures, a laceration to the forehead, and bruises to the head, [...]

By | May 2nd, 2019|DCFS-related|0 Comments

WHAT MATTERS MOST IS WHAT IS IN THE CHILD’S BEST INTEREST

The minor was placed in a foster home.  He has resided there throughout the pendency of the abuse and neglect case. The Court focused on the mother’s parental fitness.  It set a goal of the minor returning home to mother within 12 months.  DCFS appealed. DCFS argued that guardianship of the child should be the [...]

By | January 12th, 2019|DCFS-related|0 Comments

WHAT CAN HAPPEN IF YOU DON’T RESPOND TO DISCOVERY REQUESTS?

The trial court held a hearing on the status of the discovery of this case. Plaintiffs stated that as of that date, the defendant had still not produced all of the requested documents. Defendant's counsel stated that his client was in good-faith compliance with the spirit of discovery. He complained that most of the documents [...]

By | December 5th, 2018|Family Law Articles, Uncategorized|0 Comments

MAKE SURE YOU ARE USING VALID REASONS FOR NOT ANSWERING

Defendant appeals from the order of the Circuit Court compelling her answers to certain questions. They had been asked during the taking of her discovery deposition. Plaintiff was awarded his costs for the noncompliance by defendant. Plaintiff's attorney had requested that the defendant produce certain documents within 28 days. It was now a day or [...]

By | December 5th, 2018|Family Law Articles, Uncategorized|0 Comments

ATTORNEY DID NOT HAVE TO PAY HUSBAND’S ATTORNEY FEES

Attorney had represented husband in A dissolution of marriage case. The attorney was granted leave to withdraw. He was no longer the husband’s attorney. Attorney filed a petition for payment of final fees and costs from husband. The petition requested payment from husband of $48,000 in unpaid attorney fees. A hearing took place. The court [...]

By | November 8th, 2018|Family Law Articles, Post-Decree Issues|0 Comments

EVEN EXTREME CIRCUMSTANCES DON’T EXCUSE LACK OF INTEREST IN A CHILD’S LIFE

The State filed a petition to terminate a named man’s parental rights of the minor, A.S.V..   The petition alleged that the natural mother had irrevocably surrendered her parental rights to A.S.V..   The same day, she had named the man as A.S.V.'s natural father in an affidavit of parentage. The petition to terminate the man's parental [...]

By | November 2nd, 2018|DCFS-related, Uncategorized|0 Comments

DON’T FORGET THERE IS A FAMILY EXPENSE STATUTE

Mrs. Neeland purchased two diamond watches, a diamond cocktail ring, a pearl necklace, pearl earrings, and a lighter. The value of the merchandise exceeded $6,000. Payments made by the wife reduced the balance due on her account to $2,608.94. No further payments were made. The seller of the jewelry brought suit against both the husband [...]

By | November 2nd, 2018|Family Law Articles, Uncategorized|0 Comments

HOW MUCH UNFITNESS IS ENOUGH?

Mother was arrested and charged with child endangerment.   There were two fathers for all of the children.  Chicago police discovered the minors asleep in an unheated vehicle. Mother pleaded guilty to child endangerment. She was sentenced to 18 months of supervision. The minors and M.A. were later returned to mother’s custody.   The case was closed. [...]

By | October 18th, 2018|DCFS-related|0 Comments

BEST TO COMPLY WITH A DCFS SERVICE PLAN

The parties divorced.  Mother had been granted custody of the child.  Mother and the child had an Order of Protection against father.    The Judge found that restricted visitation between father and child was “necessary for the physical, emotional and mental well being of the child in order to protect her from danger.” Mother and the [...]

By | August 8th, 2018|Custody, DCFS-related|0 Comments