Family Law Issues

/Family Law Issues

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 [...]

LESS THAN SIX DEGREES OF SEPARATION

Woman (plaintiff) petitioned for an order of protection against a man and the man’s son.   The son was the brother and the man was the father of plaintiff's son's ex-wife.  The court stated: The trial court granted ex parte emergency orders of protection against both defendants. The woman then filed amended order of protection petitions. [...]

IF YOU DON’T AGREE, SAY SO LOUD ENOUGH

Wife filed for divorce.  They had an oral settlement agreement.  The Judge granted the divorce.  Wife appealed. Wife alleged that she was pushed into settlement by her attorney.  She alleged that she had no choice.  The Appellate Court said that was insufficient to invalidate the settlement agreement. A property settlement should not be disregarded simply [...]

HARASSMENT AND FREE SPEECH HAVE THEIR OWN DEFINITIONS

Judgment for divorce is entered. It includes the division of the parties' properties and businesses.   It also sets forth the maintenance for wife. Soon after, husband filed a petition to clarify the judgment for dissolution of marriage.   He asked the trial court to resolve a disagreement over wife's maintenance.  And the money wife received from [...]

HARASSMENT HAS MANY DESCRIPTIONS

Parties divorce.  They had four children. Wife seeks an order of protection against husband.   Husband was charged with a violation of a previous order of protection.  He had notice of the prior order.  He, therefore, intentionally committed an act prohibited by the order.   He had sent a written note to the home of wife with [...]

MISUSE OF AN ORDER OF PROTECTION IN A DIVORCE CASE

  The divorce had already taken place.   Wife obtained a two year order of protection.  It restrained the husband from abusing, harassing, intimidating or interfering with the personal liberty of the parties' daughter. Husband appealed.  He contended that: (1) the trial court abused its discretion in granting the order of protection because the evidence did [...]

IS IT HEARSAY OR AN EXCITED UTTERANCE?

The charges against the father arose from an argument between the father and the mother outside their home.  A deputy with the sheriff’s department testified he arrived at the scene within five to seven minutes after he was dispatched. He first spoke to wife.  She appeared upset, agitated, and nervous upon the deputy’s arrival. Father [...]