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Recent Blog Posts
Can I Be Denied Custody Rights If I Am Gay or Lesbian?
Across the nation, there are now millions of lesbian and gay parents who share custody of their children with an ex. Since many of these individuals became parents in the context of a prior heterosexual relationship or marriage, the other parent in a child custody dispute involving a lesbian or gay parent is likely to be heterosexual. While most states do not permit courts to discriminate based on sexual orientation, it can remain daunting to overcome stereotypes during a custody dispute.
Yet despite enormous progress over the past 40 years, lesbian and gay parents may still face subtle discrimination when custody and visitation are being determined. If you are facing an issue regarding child custody and your sexual orientation, you need a strong Arlington Heights, IL child custody lawyer who will show why it is in your child’s best interests for you to have primary custody.
How Does Minor Emancipation Affect Child Support?
Divorce and life after divorce can be difficult for all those involved. Children of divorce may react in many different ways. A child may be so distressed by the divorce that he or she files for emancipation prior to the age of 18. There may be other reasons for emancipation, but in any case, both the parent paying child support and the parent receiving child support may wonder whether the payments continue following emancipation.
The answer to this child support question is highly case-specific. Should you find yourself in a similar situation, you could benefit from speaking to a skilled Rolling Meadows, IL child support attorney from Law Offices of Donald J. Cosley who has experience with minor emancipation. Attorney Don Cosley personally handles all aspects of his cases; when you call his office, you will speak to him directly.
What Is Minor Emancipation?
In the state of Illinois, emancipation is governed by the Emancipation of Minors Act of 1980. Minor emancipation changes the relationship between a parent and child in the same way as the child reaching the age of 18, but emancipation is more complex. Minor emancipation removes the parent's control over the child rather than actually severing the parent/child relationship. An emancipated minor can legally enter into contracts, have financial and physical separation from his or her parents, and make his or her own medical decisions.
How Do You Deal with a Two-State Divorce?
As if divorce is not complicated enough, if a couple is facing a two-state divorce, those complications will increase significantly. Why would a couple have a two-state divorce? Perhaps you and your spouse are having marital problems, and you have split up until you decide whether a divorce is the right move. Your husband moved in with his parents, who live in Wisconsin. Time has passed, and a divorce is imminent; now you are unsure of which state’s divorce laws apply and how you would respond if your husband files in Wisconsin.
It is true that special rules and procedures apply to a two-state divorce. You should immediately consult a skilled Rolling Meadows, IL divorce attorney with experience in complex divorces. Choosing Law Offices of Donald J. Cosley is one of the best steps you can take. Attorney Don Cosley will fight for your future, working hard to achieve the best outcome possible.
How Could State Residency Requirements Affect Where I File?
If you and your spouse lived in Illinois for most of your married life, but he has been living in Wisconsin for the past few months, you will need to carefully consider marital asset distribution laws and residency requirements in each state. In Illinois, the residency requirement is only 90 days, but Illinois requires spouses to live apart for six months prior to filing for divorce. In Wisconsin, filing spouses must live in the state for at least six months. If your husband meets Wisconsin residency requirements, and you want your divorce to stay in Illinois, you must file before he does.
The Pros and Cons of a Legal Separation in Illinois
Some marital situations—though certainly not all—could potentially benefit from a legal separation before filing for a divorce. While not all states allow legal separations, Illinois does. If you and your spouse are considering a divorce, a trial legal separation can help determine whether your issues can be resolved. Any money earned by either spouse during a legal separation is considered a marital asset, and any debt incurred is considered a marital debt.
There are many good reasons to consider a legal separation—and other reasons why it may not be the right choice for you. Before making this decision, contact an experienced Rolling Meadows, IL family law attorney from Law Offices of Donald J. Cosley to ensure you have all the necessary information. While this is certainly an emotional time, having a knowledgeable lawyer to answer your questions and guide you through the process is essential.
What Is Legal Separation?
Even in states that have no mechanism for legal separation, a couple can initiate a trial separation on their own. This simply means that they may live in separate homes, spending some time away from one another to determine whether they should proceed with a divorce. States like Illinois that have a legal path to separation may allow couples more financial protections than those that do not.
What If My Ex Has Custody and I Find My Children Alone?
Imagine that you are a dad who received parenting time during the divorce. You have your three young children—two, five, and seven—every other weekend, while your ex has primary physical custody. Legal custody is shared between the two of you. Up to this point, there have been no serious visitation problems. You take the children home on a Sunday evening, and halfway back to your own home—an hour away—you realize your seven-year-old left his backpack in your car.
You immediately turn around, knowing he needs the backpack for school. When you pull into the driveway, you do not see your ex’s car, so assume she took the children out. As you set the backpack inside the front door, your three children run to greet you. Your stomach drops as it dawns on you that the children are alone.
What do you do? Call your ex? Load up the children and take them back to your home? Before you do anything that could potentially jeopardize your visitation rights, take a breath—and call your lawyer. There is no substitute for advice from an experienced Rolling Meadows child custody lawyer, so if you can reach your attorney, do not skip this step.
How Does an Abusive Mother Affect Child Custody Decisions?
Custody battles between divorcing parents can be brutal for all those involved. When abuse has been a part of a couple’s marriage, parenting, and even the divorce, every choice made on behalf of the child may have added layers of complexity. An abusive mother can certainly affect the outcome of a child custody decision, although the specific details will determine to what extent.
When abuse by the child’s mother becomes a factor in a family law court, it is essential that the father has an experienced Rolling Meadow child custody attorney from Law Offices of Donald J. Cosley. A lawyer fighting for the rights of the father and the child is essential to obtaining the best possible outcome.
Could an Abusive Mother Get Primary Custody of the Child?
Although anything can happen when child custody is at issue, if the abuse has been documented and proven, it is unlikely the court would give the abusive mother primary custody. Should the judge determine a risk of abuse exists, the father will likely be given sole physical and legal custody, while the abusive mother will receive limited visitation or even supervised visitation.
What Can a Father Do if His Wife is Abusive?
It is generally more common for a man to abuse his wife than for a woman to abuse her husband, but there has been a recent rise in the number of women being arrested for domestic violence. This suggests that plenty of men experience abuse at the hands of their wives. Women who are violently abusive towards their husbands are also more likely to become violent toward their children. If you are a father seeking a divorce and your wife has abused you, you must be represented by an experienced Cook County, IL domestic violence and divorce attorney. Proving that your wife has been abusive and could be a danger to your children may be an uphill battle, but it is one that Law Offices of Donald J. Cosley is willing and able to fight.
Gathering Proof of Domestic Violence or Abuse
Courts are sometimes, unfortunately, reluctant to believe men who say that their wives have battered them or harmed their children. Gathering as much evidence as possible is critical. Your attorney can give you specific advice for your situation, but some types of evidence you may want include:
What is the Right of First Refusal in Child Custody?
There will be occasions when the parent whose turn it is to spend time with the child needs someone else to watch the child. One parent might have an adults-only wedding to attend, a mandatory training outside of normal work hours, or an emergency to attend to. In these situations, parents who are still together would likely leave their child with a family member or hire a babysitter. When parents are divorced, it may not make sense to use a babysitter when there is a parent available to care for the child. This is where the right of first refusal comes in. Parents often agree to this term, as it generally benefits them both. An Arlington Heights, IL child custody attorney can help you plan for child care when the parent who would normally be with the child is not available.
How the Right of First Refusal Clause Works
When the right of first refusal clause is included in a parenting plan, it means that the parent who has the child with him must first offer the other parent the chance to spend time with the child before finding another babysitter. For example, suppose Parent A has parenting time for a week but needs to attend a funeral and does not want to bring the children. Parent A would be required to contact Parent B and offer her the chance to spend time with the children while Parent A is at the funeral. Only if Parent B refuses can Parent A make other arrangements for someone else to watch the children.
Newborn Drug Tests and Child Custody for Fathers
Finding out that the mother of your child has been using drugs during her pregnancy can be extremely alarming. No one wants to see their newborn child go through withdrawal or experience serious medical issues due to prenatal exposure to substances. It used to be the case that when a newborn baby failed a toxicology screen, the mother would immediately lose her parental rights and be reported to law enforcement. This enabled fathers to take exclusive custody. A new state law has removed these requirements. However, fathers who are seeking custody of their children can still argue that it is in the best interests of the child to stay with them during child custody proceedings. An experienced Rolling Meadows, IL fathers’ rights lawyer can help you.
What Does This New Law Mean for Fathers Seeking Custody?
Before this new law, fathers could almost automatically take full custody of babies born with drugs in their systems. Now, mothers who use drugs or alcohol during their pregnancies have the opportunity to try to prove that staying with them is in the baby’s best interests. Successfully making that argument may be extremely difficult for mothers until they have proven that they are genuinely committed to recovery.
When Your Ex's New Partner Is a Danger to Your Kids
It is normal to feel apprehensive or distrustful when your co-parent starts dating someone new and bringing him or her around your children. Most parents want to get to know any adult who is spending a significant amount of time around their children. Not all adults are safe for children to be around. If you find out that the person your ex is dating poses a threat to your children, there are steps you can take to protect them. As soon as you have reason to believe that your ex’s new dating partner is not safe for your kids to spend time with, you need to talk to a Rolling Meadows, IL child custody attorney to find out what you can do to keep your children safe from him or her.
Steps You Can Take to Protect Your Children From Your Ex’s New Partner
Why you feel that your children are not safe around your ex’s new boyfriend or girlfriend matters. The more objective the reason and the more evidence you have, the more likely it is that the court will act quickly to ensure that your children are not exposed to the dangerous adult.
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