If you are a parent, your children are probably a top priority in your divorce. You may be well aware of the profound impact divorce often has on children and want to ensure that you do whatever you can to minimize your kids’ suffering. You may hold strong opinions about the child custody arrangements that are best for your kids after a divorce. What happens if these opinions differ from the other parent’s opinions? How are child custody disputes handled in Illinois?
In Illinois, child custody is now referred to as “parental responsibilities” and “parenting time.” Parental responsibilities primarily include the parents’ authority to make major child-related decisions. Parents may decide that one parent is in charge of the child’s education, extracurriculars, religious training, and other important matters, or the parents may share decision-making responsibility. Parenting time, which used to be called “visitation,” is the time that a child spends in the care of each parent. Parents are asked to complete a parenting plan that describes how parental responsibilities, parenting time, and other important matters will be handled. The parenting plan is submitted to the court for approval. However, some parents cannot reach an agreement on child custody concerns on their own.
In the state of Illinois, a DUI conviction can lead to serious consequences, including jail time, loss of driving privileges, fines, and additional penalties. In situations that involve a minor child, however, the penalties can be even more severe. If you or a loved one has been charged with a DUI that includes a minor child, it is imperative to discuss your case with a skilled DUI defense attorney. At J. Aldrich Law, P.C., we understand the gravity of situations such as this and we are prepared to defend your legal rights both in and out of court.
Driving under the influence of alcohol or other drugs in Illinois is a Class A misdemeanor. For a first-time conviction, the penalties that may result include jail time for up to one year, a maximum of $2,500 in fines, and the suspension of your driver’s license for at least one year. According to 625 ILCS 5/11-501, if the motorist was transporting a passenger under the age of 16 at the time of the violation, the motorist is subject to 6 months of imprisonment, an additional mandatory minimum fine of $1,000, and 25 days of community service in a program that benefits children.
Spousal maintenance (also referred to as spousal support or alimony) is a payment made from one ex-spouse to another during or after the finalization of a divorce, dissolution of a civil union, or legal separation. When determining if an individual is entitled to financial assistance, a court will consider many different factors and circumstances, including each spouse’s income and property, the needs of each party, any involved impairments, and the length of the marriage. If you are seeking monetary payments from an ex-spouse, or if you are looking to contest a spousal support request, it is highly recommended to discuss your specific situation with a skilled alimony attorney.
In the state of Illinois, there are four primary designations of spousal maintenance that are available:
In the state of Illinois, retail theft is committed when an individual knowingly takes an item from a retail establishment without proper payment or authorization. While there are many different types of retail theft, shoplifting is arguably the most common. In any scenario involving retail theft, the evidence surrounding the case could be your best defense. If you have been detained by a store employee who has accused you of retail theft, it is imperative to seek the guidance of an experienced criminal defense attorney.
According to section 720 ILCS 5/16-26, any merchant with a reasonable belief that an individual has committed retail theft may apprehend the suspected person. The detention may take place on or off the property of the retail establishment and must be in a reasonable manner and length of time. It is important to note that detention may only take place off of the retail establishment if there is an immediate pursuit of the suspected individual. A merchant may detain a suspected shoplifter for the following reasons:
Domestic violence can occur in a variety of different ways, including but not limited to physical and verbal abuse, threats, stalking, and harassment. In the state of Illinois, an order of protection may be granted to help individuals who feel that they are in danger. Unfortunately, an order of protection does not always work, as the abuser may still find a way to contact the victim. In cases such as this, it is important to discuss the events of your situation with an experienced order of protection attorney.
An order of protection is a document approved by the court that would make it illegal for a certain individual to engage in a certain behavior, such as contacting or coming within a certain distance of the victim. The terms of an order of protection are decided by a judge, who will make this decision based on the presented facts.
Domestic battery charges in Illinois are often pursued very aggressively. Depending on the conditions of the situation, it is possible that severe charges can result. In addition to potential fines and prison time, individuals convicted of domestic battery may also see changes to their parental rights. If you have been charged with domestic battery, it is important to work with an experienced criminal defense attorney in order to protect your rights.
Domestic battery offenses affect a wide scale of families every year. In the state of Illinois, an individual commits domestic battery if he or she knowingly without legal justification:
It is not uncommon for grandparents to play an active role in the lives of not only their children, but also their grandchildren. This can create complications, however, when relationships between a child’s parents sour, in which case, grandparents could find themselves barred from seeing their grandchildren. Recognizing that the grandparent-grandchild relationship can have significant repercussions on a child, Illinois courts are willing to address grandparent visitation during custody proceedings. These kinds of proceedings do, however, require familiarity with specific aspects of Illinois law, so if you are seeking visitation with your grandchild or believe that visitation would not be in your child’s best interests, it is important to speak with an experienced Naperville, IL grandparents’ rights attorney who can walk you through your legal options.
Parents have certain rights when it comes to their children. In most cases, courts are not allowed to interfere with these rights unless a child is being harmed. There are exceptions, however, to this general rule, in which case a court could be willing to step in and order visitation with a child’s grandparents. This is only an option when the grandparent in question is able to demonstrate that visitation is in a child’s best interests.
Besides being emotionally draining, getting divorced can take a significant toll on a couple’s finances. Fortunately, there are steps that divorcing parties can take to reduce their post-divorce finance-related concerns. Most couples are, for instance, urged to immediately begin accounting for their assets and expenses, both to ensure that any property settlements are fair, but also to help uncover any evidence of marital waste or fraud on the part of one of the spouses. To learn more about the financial aspects of divorce, please reach out to one of our experienced DuPage County divorce lawyers today.
Property division is one of the most difficult aspects of many divorces, especially for couples who have unique or valuable assets. One of the best ways to avoid an unfair property settlement and later financial stress (upon divorce) is for couples to start compiling their financial information, including all bank, retirement, and investment accounts. The parties should be sure to keep copies of important documentation, like bank statements that can help keep track of both individuals’ balances, regular deposits, and withdrawals. Re-inventorying these accounts regularly during divorce proceedings is also a good idea and can go a long way towards safeguarding assets and preventing marital waste.
Many couples breathe a sigh of relief upon the finalization of their divorces, believing that their legal problems are now over. This, however, is not always the case, especially for couples who share custody of a child. In fact, it is more likely than not that a family will eventually need to re-address their parenting plan to account for a change in circumstances, like a new job, or even just a child’s changing needs. These changes must, however, be accompanied by compliance with specific steps, especially if one or both of a child’s parents want to relocate. For help ensuring that your own child’s best interests are protected during a potential relocation, please call our experienced Naperville, IL child custody and parental responsibility lawyers today.
Parents who share parenting time equally, or who have been allocated the majority of parenting time can attempt to relocate with their child, but must abide by certain rules. The parent who wishes to relocate must, for instance, give written notice at least 60 days before the move to the child’s other parent and must also submit that notice to the circuit court. These notices must contain certain information, including:
The charges a person will face when they are accused of driving under the influence will largely depend on their prior criminal record. Specifically, any prior DUI convictions the accused has on their record will be considered. However, the courts will only look back on a certain period of time when determining the sentence for someone convicted of a DUI. This is known as the lookback period.
Typical time frames for loopback periods in other states are five to ten years, and when a person has a DUI conviction that occurred before that period, the court will not consider it. So, does Illinois place a lookback period on DUI cases?
Unfortunately, Illinois does not place a lookback period on DUI cases. This means that when a person is convicted of driving under the influence, that conviction will remain on their driving record, which is permanent. It also means that the prosecution can charge a subsequent DUI and sentence a person to harsher penalties even when the prior DUI happened more than 10 years ago.