Monthly Archives: July 2014
If you are in the Cook County Court system and cannot agree with your spouse or the parent of your minor child(ren) regarding custody of the minor child(ren) and issues related to visitation and removal of the child(ren) from Illinois, you may be facing a long road ahead of you.
In cases where custody of a minor child is at issue, or parents cannot agree to visitation, or when as issue exists as to removal of a minor child from the state, Cook County Circuit Court Rule 13.4(e) requires parents to attend mediation. Mediation, which is a non-binding and confidential process, can take place with a private mediator whom the parties agree upon, or through Family Mediation Services, which is free of charge to the parties.
In Illinois, the law considers a marriage annulment a “declaration of invalidity of marriage.” It is a court order stating the marriage is not valid and therefore, should not be recognized by the state. A marriage annulment is different from a divorce. A divorce recognizes that a valid marriage is now over. Essentially, an annulment treats the marriage as though it never happened.
In Illinois there are four bases for requesting an annulment in Illinois:
Domestic violence can occur in many different ways. A common misconception about domestic violence is that if no physical harm has occurred, it is not considered abuse. This could not be further from the truth. In fact, there are five different types of domestic violence: physical, psychological, sexual, economical and emotional abuse. Unfortunately, any instances of abuse go unnoticed merely because they do not leave physical marks on a victim.
Physical abuse is the area of domestic violence that is most prevalent in advocacy and outreach programs because the harm is clear and obvious. Signs of physical abuse include, but are not limited to: bruises, scars, broken bones, and scratches. hysical abuse is treated seriously in domestic violence cases and victims are likely to receive an order of protection against the offender.
Most of you are likely familiar with the saying, “It takes two to tango.” This phrase can have many meanings, but it essentially means that two people are typically responsible for a particular action or result. This saying is often heard when stating that is takes 2 people to bring a child into the world. In the realm of child support, both parents of a child are legally required to financially support their child, regardless of their relationship once the child is born. Child support in Illinois is typically straight-forward when it comes to establishing the amount of child support that a non-custodial parent must provide to ensure the is child properly supported.
Domestic violence in child custody and visitation cases
Domestic violence is a very serious problem in our society. It impacts thousands of families nationwide. These days, it is nearly impossible to check the news without confronting a story which includes domestic violence. We come across the issue locally and nationally, making it apparent that domestic violence is very prevalent in our society. In child custody cases, Cook County Court judges will strongly consider allegations of domestic violence in making their deterinations as to custody and/or visitation.