Family Law Articles

/Family Law Articles

YOU MEAN WE REALLY ARE NOT MARRIED AFTER ALL?

This situation can come up any number of ways. 1) Two people get married. They apply for a marriage license. They don’t get it signed and returned to the proper office. Proper signature and return are requirements to finalize the divorce. 2) Two people get married. The Judge had his license revoked. Nobody knew about [...]

WHICH PARENT IS MORE LIKELY TO WORK WITH THE OTHER PARENT TO RAISE THE CHILDREN?

In 2010, the trial court made a custody judgment awarding Mother sole custody of the three minor children. In 2012, Father filed a petition to change custody to him. He claimed that since the custody judgment, Mother had engaged in "increasingly bizarre and erratic" behavior. Also, he claimed that she made "a relentless campaign to [...]

By | February 24th, 2017|Custody, DCFS-related, The Best Interests of the Child|0 Comments

VIDEOTAPES ARE GOOD EVIDENCE IN COURT, ON THE SAME BASIS THAT PHOTOGRAPHS ARE.

A video of the mother repeatedly hitting her young six-year old child, D.Q., and her three-month old child, J.C., with a spatula and stick was turned over to the police.  In the video, mother was seen striking both children on parts of their bodies while dragging either D.Q. or J.C. across the floor.  The State [...]

By | February 24th, 2017|DCFS-related|0 Comments

CHILDREN SHOULD REMAIN WITH FIT PARENT

A MOTHER WHO IS A FIT PARENT SHOULD NOT HAVE HER CHILDREN TAKEN AWAY FROM HER At the end of a neglect hearing regarding TWO juveniles and their mother, the Court said that the mother was a fit parent to her two children. However, the court gave temporary custody and guardianship to the Department of [...]

By | December 2nd, 2016|DCFS-related|0 Comments

Sperm Donor Can Keep It in His Pocket

SHE and HE had a sexual affair, while they were each married to someone else. SHE was living apart from HER husband, and HE went home every night to HIS wife.  SHE wanted to have a baby and HE wanted.. his love child, too, but it wasn't happening.  THEY tried everything-forget the contraceptives, numerous acts [...]

By | December 12th, 2015|Family Law Articles|0 Comments

Class Action Challenges Illinois DCFS Investigators’ Threats in the United States Supreme Court

In 1997, a class of parents and child-serving professionals filed a lawsuit against the Department of Children and Family Services, seeking extensive reform of DCFS investigations,  based on violations of due process. Over 150,000 Illinois families and professionals are members of the certified class.  The case has  resulted in sweeping changes in the investigations of [...]

By | December 12th, 2015|DCFS-related, Family Law Articles|0 Comments

The Enforcement of Child Support Provisions in Foreign Divorce Judgments

There are a legion of cases that describe why the Illinois courts will not give full faith and credit to a foreign divorce decree judgment for support.  Those cases follow 735 ILCS 12-618 through 12-626 (The Uniform Foreign Money-Judgments Recognition Act), which states that, “foreign judgment” means any judgment of a foreign state [outside of [...]

By | December 12th, 2015|Family Law Articles|0 Comments

Dead Beat Dad Enters a General Appearance

Mom gets a default judgment for dissolution of marriage in a country in Europe in l983.  She and Dad have four young children.  Mom never sees a dime from dad, who lives in the United States.  Mom and dad have a piece of property in Europe, which the Swiss court executes on in l986, in [...]

By | December 12th, 2015|Child Support, Custody, Divorce, Family Law Articles|0 Comments

Recognition and Enforcement of Foreign Divorce Decrees

Quite simply, Illinois courts will not enforce, but will only recognize, a judgment of a foreign country which granted a divorce. Matters ancillary to the judgment itself are treated the same way. The "recognition" and "enforcement" of foreign judgments are related but distinct concepts.   The "recognition" of a foreign judgment occurs when a United States [...]

By | December 12th, 2015|Divorce, Family Law Articles|0 Comments

Yes, you have two husbands

Joy and Joe have lived in Illinois.  They were married years ago in China. They get divorced and Joy marries Bill, an American citizen.  Joy and Bill had submitted a 1-120 visa petition on behalf of Joy, in order for her to become an American citizen.  What they are actually doing is seeking to make [...]

By | December 10th, 2015|Divorce, Family Law Articles|0 Comments