Family Law Issues

/Family Law Issues

FATHER NEEDS TO MAINTAIN A REASONABLE DEGREE OF INTEREST IN HIS CHILD

The trial court entered an order terminating father's parental rights as to his minor daughter.  She was then five years old.   The court granted mother’s and another man’s petition to adopt the child. The court found father an unfit parent.  On the basis that he failed to maintain a reasonable degree of interest, concern, or [...]

By | August 21st, 2019|Adoption, Uncategorized|0 Comments

THE DOWNSIDE OF USING A PREPRINTED FORM

THE DOWN SIDE OF USING A PREPRINTED FORM The Trial Court entered a two year plenary order of protection.  The male Respondent was ordered to stay 500 feet away from his ex-spouse and her 4 minor children for 1 year.   The Respondent appealed.  He argued that the circuit court erred in admitting into evidence [...]

WHEN ARE CHILDREN OLD ENOUGH TO TESTIFY IN COURT?

Circuit Court granted wife a plenary order of protection against her estranged husband as to their 3 minor children.  The order reduced father's visitation with the children.  To 4 hours of weekly supervised visitation and 1 weekly telephone call per child. Husband appealed.  He argued that the circuit court erred by (1) admitting the minor [...]

By | July 24th, 2019|Family Law Issues|0 Comments

CAN YOU SUE A GUARDIAN AD LITEM?

An attorney was appointed as guardian ad litem (GAL) for a minor plaintiff.  There was a settlement for injuries she suffered in a motor vehicle accident.   The mother had been appointed by the court as the guardian of the minor’s estate. Eight years went by after the settlement.   The plaintiff minor sued her mother.   The [...]

WHERE’S HOME?

Wife filed suit for legal separation and maintenance from her husband. He answered and counterclaimed for divorce. The trial court denied wife’s claim for separate maintenance.  It granted the divorce requested in husband’s counterclaim. Wife then contended that the trial court did not have jurisdiction to enter a decree.  She argued that neither of them [...]

By | May 14th, 2019|Family Law Issues|0 Comments

SHE DID NOT SURRENDER HER PARENTAL RIGHTS, BUT SHE WAITED TOO LONG

The rule is clear.  A consent to adoption form is not equal to a surrender of parental rights.    To have any meaning, section 10(A) of the Adoption Act must be read to provide for irrevocable consent to a specific adoption only. Samuel E. was adopted by Ann.   This was done with the international adoption process. [...]

By | May 2nd, 2019|Adoption|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

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