Family Law Issues

/Family Law Issues

NO MARRIAGE, SO RETURN THE WEDDING RING?

Man filed a replevin action against his former fiance for return of a diamond engagement ring.  Attached to the complaint was a form entitled "Insurance Replacement Appraisal," from a jeweler.  The estimated value of the rig was $100,000.  A picture of the ring was included. The man argued that an engagement ring is a gift [...]

By | April 3rd, 2019|Family Law Issues, Property Division|0 Comments

WHO SHOULD RUN THE BUSINESS?

Husband filed a motion for a preliminary injunction against wife.  He had filed divorce proceedings.  He wanted the court to stop her from participation in the operation of their family-owned tavern. The trial court granted his request.  The wife appealed. The Appellate Court agreed with the trial court.  Wife had been employed as a bartender [...]

PRIORITY FOR GRANDPARENT VISITATION PETITION

It requires the court to set the first hearing date for a petition for visitation within 45 days of the petition being filed.  It requires that further hearing dates be set in court within 45 days of the prior hearing.   It would allow the court to impose penalties and sanctions on any party that [...]

By | February 27th, 2019|Step-parent and Grandparent Rights|0 Comments

CAN YOU REPEAT THAT IN COURT?

Defendant was charged by information with two counts of domestic battery.  For striking and choking his stepsister.  She was developmentally disabled. He opted for a jury trial.  The court allowed a case worker to testify about what the victim told him.    Defendant was convicted.    The defendant appealed.  He argued that the admission of the case [...]

CAN YOU TAKE BACK WHAT YOU SAID IN FRONT OF A JURY?

Defendant wife was charged with 2 counts of domestic battery against her husband.  The case proceeded to jury trial. Both sides gave closing arguments.  Defense counsel told the jury that husband had a “very powerful reason” to accuse his wife of battering him.  That reason was that they were in the middle of divorce proceedings.  [...]

WAS FATHER AN UNFIT PERSON UNDER THE LAW?

Father’s parental rights to his minor child were terminated.   Before the child’s birth, father had been convicted of at least three felonies.  Therefore, father was “depraved”.  This was the basis of his loss of parental rights.  He was an unfit person under the law. The court recognized that one of the felonies had been found [...]

CAN’T I HAVE TWO FATHERS? YES, SORTA

If Todd can prove that Robert was his natural father, he may inherit from both his natural father and adoptive parents. A finding in the probate action that Todd is the natural son of Robert would have no effect on the adoption. William Renchen would still be Todd's legal father. Todd is trying to establish [...]

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

GUARDIAN CAN FILE FOR DIVORCE FOR THE WARD

This case considered whether the court should overrule the long-standing case of In re Marriage of Drews, 115 Ill.2d 201 (1986).   The Drews’ case held that a plenary guardian was not able to initiate dissolution of marriage proceedings on behalf of the ward. The answer is ‘yes’.  This court believed that a guardian does have [...]

By | October 25th, 2018|Guardianships and Conservatorships|0 Comments

SOMETIMES THE CASE GOES BACK TO SQUARE ONE

The parental rights of both mother and father of minor child were terminated.   Based on a hotline call to DCFS, G.V. was taken immediately into the custody of the Department of Children and Family Services (DCFS). The call was made by a caseworker from a DCFS parallel agency in Connecticut.   This is where mother had [...]

YOUR WORD IS NOT THE ONLY ONE THE COURT CONSIDERS

  Husband was convicted of domestic battery based on insulting or provoking physical contact against his wife.  He appealed. He argued #1 that the State did not prove all elements of the crime beyond a reasonable doubt.   None of the State’s witnesses were present during the alleged incident.   And, defendant had testified to a different [...]