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Mevorah Law Offices LLC
DuPage County Attorneys


900 E. Roosevelt Road, Lombard, IL 60148

Phone: 630-932-9100


134 N. Bloomingdale Road, Bloomingdale, IL 60108

Phone: 630-529-4761


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Phone: 630-443-0600


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Phone: 630-932-9100
Subscribe to this list via RSS Blog posts tagged in child custody

Posted on in Family Law

Illinois family lawFamily law is very complex. For this reason, there are many family law misconceptions that our firm frequently encounters. To help you avoid serious mistakes that could negatively impact the outcome of your family law case, we have compiled this list of five of the most common family law misconceptions:

1. Domestic violence claims must involve physical abuse.

Contrary to popular belief, domestic violence does not always involve physical abuse. Although physical abuse is the most serious form of domestic violence, there is also emotional abuse, sexual abuse, financial abuse, spiritual abuse, and technological abuse. Domestic violence may involve controlling access to a spouse’s money, diminishing their self-esteem, and preventing them from practicing their religious beliefs.

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DuPage County domestic violence lawyerLeaving a violent relationship is extremely difficult and divorcing an abuser can be a constant uphill battle that feels nearly impossible to win. This is especially true if the children were also abused during the relationship, or if the parent victim believes the abuser may lash out at the children. As such, it is critical that victims understand the potential hurdles they may face during a divorce and how they may best be able to ensure safety throughout the process and beyond.

Safety First

The absolute most important thing anyone divorcing an abuser can do is develop a safety plan. This requires the victim to utilize all the skills and knowledge they have acquired up to the point of separation and to acquire some new ones. For example, a victim likely already knows when to disengage from a conversation or an argument because they know their abuser’s trigger points and behaviors. However, more resources, such as coworkers, family, and friends may need to be notified of the current situation so they can help spot the abuser and notify the victim.

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college expenses in Illinois, DuPage County divorce attorneysMany parents begin saving for college when their children are young, giving their children a head-start on the ever-increasing cost of tuition. Unfortunately, some may eventually go through a divorce and, even though the college savings is ultimately for the child, it can become yet another bitter point in the battle. It does not have to be this way, though. In fact, many divorcing parents manage to co-save; the key is simply knowing how to discuss some important points.

Who Will the Child Live with Most?

Senate Bill 57 made quite a few changes to Illinois divorce laws, including the voiding of terms like "custody" and "visitation." However, one parent will likely still have the child more often. Knowing (or maybe even agreeing) which parent this will be ahead of time can save you a lot of trouble in the long run, and it can provide some important insight as to what each parent’s financial responsibilities will be in the years to come. This can help couples determine if their child may qualify for financial assistance, and it can provide a launching point for determining which parent will contribute more to the college savings plan.

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same sex divorce, Illinois law changes, DuPage County divorce lawyerSenate Bill 57, which went into effect on January 1, 2016, made several significant changes to the Illinois Marriage and Dissolution of Marriage Act (IMDMA). Focused on simplifying matters like grounds for divorce, custody, parental relocation, and waiting times for a divorce, these changes affect everyone pursuing a divorce or dissolution of marriage in the state of Illinois. But, with same-sex marriage so new, many couples are uncertain as to whether or not those same changes will apply to same-sex divorce, or to what extent.

Same-Sex Marriages in Illinois

On June 1, 2014, same-sex marriage became legal throughout the state of Illinois, but same-sex couples throughout the United States still struggled with obtaining a marriage license. In 2015, the U.S. Supreme Court ruled that all marriages were legal, regardless of gender or sexual orientation and states were no longer permitted to prevent same-sex couples from obtaining their licenses. Unfortunately, there have been some lags in the justice system regarding divorce and child custody for same-sex couples.

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parental relocation law changes, Illinois divorce lawyerWith all the changes made to the Illinois Marriage and Dissolution of Marriage Act (IMDMA) in 2016, parents may be concerned as to how their lives and the lives of their children may be impacted. Rest assured in knowing that most amendments in Senate Bill 57 are meant to better define what is in the “best interest” of minor children and that the courts still want to provide reasonable liberties to parents. Revisions made to the Illinois parental relocation laws (laws that govern a parent’s right to relocate after divorce) serves as a prime example.

Old Parental Relocation Laws

Before the implementation of Senate Bill 57, parents would need to obtain permission from the court to move outside of the state of Illinois (otherwise known as an "Order of Removal"). This applied, even in areas that bordered along the state line, and it created a two-prong problem. First, parents who wished to move only a handful of miles had to prove that moving out of state was in the best interest of the child. Secondly, parents could move anywhere within the state’s borders, and that sometimes far exceeded a reasonable distance from the other parent.

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