Family Law Articles

/Family Law Articles

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

DON’T FORGET WHAT YOU ALREADY SAID UNDER OATH

The Trial Court entered orders finding the minor child’s father to be an unfit parent.  His parental rights were terminated.  Father was nineteen years old. The facts include that the child suffered a fracture to her right femur and a fracture to her left tibia.  She had been in her father’s care. It did not [...]

By | July 11th, 2018|DCFS-related|0 Comments

PARENT GETS SECOND CHANCE TO PROVE HE IS A FIT FATHER

The trial court found that father was unfit.  It terminated his parental rights. Father appealed.  The Appellate Court reversed the trial court decision. It sent the case back to the trial court. There is a rebuttable presumption that a parent is depraved if the parent has been criminally convicted of at least 3 felonies.  Or, [...]

By | July 11th, 2018|DCFS-related|0 Comments