Family Law Articles

/Family Law Articles

JUDGE WOULD NOT COMPEL THE CHILD TO TESTIFY IN COURT

The Trial Court terminated the parental rights of the mother as to her daughter, age 9 at the time of the hearing. The Court deniedthe mother's motion to compel the daughter to testify at the termination hearing. J.C. was three when DCFS got involved.  An anonymous call was made to the Department of Children and [...]

By | July 29th, 2019|DCFS-related, Uncategorized|0 Comments

BANK DID NOT IMPROPERLY CONSIDER THE MARITAL STATUS OF THE BORROWERS

The Court finds the facts as follows: the borrowers in this loan transaction are Samuel A. Linch, Marcia Penny Linch and Albert C. Randolph. Samuel A. Linch is a real estate developer, and is married to Marcia Penny Linch. Linch and Randolph submitted their formal loan request, each enclosing a personal financial statement. The loan [...]

By | July 8th, 2019|Family Law Articles|0 Comments

USING THE EQUAL CREDIT OPPORTUNITY ACT AS A DEFENSE TO CO-GUARANTOR WIFE

Chesapeake Bay Builders, Inc. (Bay Builders) executed a promissory note in the sum of $100,000.  It was payable to the order of Chesapeake Bank and Trust. On the same date, Charles H. Eure, Jr., who was a principal in Bay Builders, and his spouse, Louise R. Eure, executed an "Unconditional Guaranty".    They agreed to guarantee [...]

By | July 8th, 2019|Family Law Articles|0 Comments

UH OH, BETTER NOT FIB

The issue in this appeal is whether a court may impose sanctions in the form of attorney fees under Illinois Supreme Court Rule 137(a) against a plaintiff to compensate an attorney defending himself against a frivolous cause of action. In support of his request for sanctions, defendant alleged that plaintiff made false statements in his [...]

By | June 24th, 2019|Family Law Articles|0 Comments

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