All posts by Abear Law Offices
Property Division or Custody Dispute: Who Gets the Embryos?
An old country song wonders, in the event of a breakup, “Who gets the family Bible?” The country crooner and his ex may have been experiencing a genuine property division dispute. In our modern times, however, property division disputes have become much more complicated in some cases. For example, where a couple plans on having children in the future and embryos are frozen in anticipation of a future family, who gets the embryos – the couple’s planned family – if the couple divorces or separates? Several states are now grappling with this question.
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Few Options Available in Cases of International Parental Kidnapping
Although most would hail our mobile and global society and our ability to embrace cultures different from our own as a positive development, there can be some drawbacks. Just ask the mother of three Chicago-area children. The children’s father (the mother’s ex-husband) is facing federal parental kidnapping charges after taking the couple’s three children overseas without the mother’s knowledge or consent. When your ex-partner absconds with your children and takes them to an unknown location, it does not matter whether the children are across town or across the globe: the feelings of terror and helplessness are the same. If you believe your children’s mother or father (and your ex-partner) has taken your children to an unknown location, you may feel helpless. However, there are certain actions you can take when an international parental kidnapping has happened:
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Child Support Modification Process in Illinois
It is rare for the personal and financial situations of spouses to remain the same in the months and years following a divorce. The ex-spouses might remarry, one ex-spouse might take a new job, or one ex-spouse might decide to move to another part of the country. At the very least, any children born to the divorced couple will experience a change of situation as they grow from childhood to adolescence and from adolescence to adulthood. Because of the fluidity of the personal situations of divorced couples and their children, it only makes sense that the law allows child support obligations to be modified as these personal situations change. This ability to modify an existing child support order is not limitless, however.
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Can an Adolescent’s Emancipation Status Be Reversed?
Once a minor is emancipated, he or she cannot revert to un-emancipated status. As a legal adult, the young man or woman is no longer entitled to parental support and will not be except for in rare circumstances. In these cases, the court may require the parents to continue to partially support the young man or woman, but generally, emancipation means the termination of the parents’ financial obligation to their child.
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Child Custody: Relinquishing a Newborn and Terminating Parental Rights
Choosing to relinquish custody of an infant is not an easy decision. But the Abandoned Newborn Infant Protection Act makes that decision a little easier – at least regarding potential legal consequences. The act provides a mechanism for relinquishing a newborn to a safe environment without incurring civil or criminal liability. Moreover, the act allows the relinquishing parents to remain anonymous.
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How Do Visitation Rights Work?
Child custody and visitation arrangements can be complex in the best of circumstances, especially if you do not understand the new dynamics of your family structure. Whether you have agreed to this arrangement, or a court has ordered it, it is important to understand how visitation works.
Child Custody and Moving out of State
As a divorced parent, you have likely found that it is not always easy to make spur-of-the-moment decisions regarding your child. You need to work together with your child’s other parent to ensure that he or she has all of his or her needs met while maintaining relationships with each of you. This would not be a problem if our lives remained static; however, the reality is that you will need to compromise with your former spouse and abide by court rules for your child’s sake.
Steps in the Adoption Process
Every year, many Illinois couples choose adoption as a means to grow their families. Under the Illinois Adoption Act, various laws exist to protect adopted children and their families. These laws regulate the five types of adoptions available to Illinois couples and the steps that a family must take to adopt a child.
Temporary Custody Agreements during Your Divorce Proceeding
Under the Illinois Marriage and Dissolution of Marriage Act, a divorcing parent has the right to seek a temporary custody order for his or her child while he or she works through the divorce process. A divorce can take up to six months to complete from its initial filing to its final settlement. During this time, a temporary custody order provides a framework for the couple’s child’s care and a stable household for him or her until a permanent custody arrangement is developed.
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Reasons for Divorce: Knowing When Divorce is the Best Option for You
It can be overwhelming to think you might be facing the end of your marriage. When you took your vows, you promised to be together for the rest of your lives. But now, months, years or even decades later, you find yourself unable to relate to your partner and ultimately, unhappy in your marriage. You are not a failure. Your partner is not a failure. People change as they mature and sometimes, spouses make mistakes that break their marriages beyond repair. When you are at this point in your marriage, it is often healthiest for all parties involved for you to seek a divorce.
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