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Subscribe to this list via RSS Blog posts tagged in parental rights

Illinois divorce attorneyInterfaith marriages are more common today than they were in the past. Unfortunately, interfaith divorces have also become more frequent. While most aspects of divorce are the same regardless of the religions of both spouses, a unique issue in an interfaith divorce is the religion of the children.

Even if one spouse converts to the other spouse’s religion before or during the marriage, they may return to their original religion once they get divorced. When this occurs, the children of the divorce are left with serious religious complications.

An Example of How Interfaith Divorce Impacts Children

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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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parental-rightsIn most divorces, couples share joint custody of their children. However, there are cases in which one parent is absent, despite having legal rights. In some cases, it is a lack of effort or desire. In others, it is a matter of the absent parent being denied their rights. So what happens when one parent is absent and the other one dies or the absent parent wants to come back?

While the matter of why is obscure in an ongoing custody battle between a stepfather and father, the case does bring to light to some questions regarding custody after a parent has been absent. And it only further solidifies the importance of having the right plans in place, should something ever happen to the custodial parent.

Absentee Parents and Their Rights

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b2ap3_thumbnail_parental-authority.jpgTechnology has changed the relationship that kids have with electronic devices and the relationship that parents have with their children’s electronic devices. As technology made surveillance easier and easier, nanny cam’s became part and parcel of a child’s bedroom and playroom. As children get older, cell phones that are given to children are boosted to include apps that provide a child-tracker to ensure that parents know where their children are every minute of every day. Whilesafety is the apparent reason, it seems that more likely than not it is the control provided over children that many parents enjoy.

With nanny cams now set up throughout the children’s environment, increased security and cameras in preschools and K-12 education facilities, and with every child equipped with his/her own cell phone attached with GPS, the question is: what type of privacy rights (if any) do children have?

Children and Their Expectation of Privacy

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b2ap3_thumbnail_incarcerated-parents-300x226.jpgBeing arrested and charged for a crime can have a significant impact on a person’s life, especially when the conviction comes with a long-term prison sentence. It is not only the person, however, who finds themselves the most affected. With the prison population growing in the United States, and roughly 2.2 million prisoners in the U.S. (excluding those who are on probation or parole), the number of people affected by an extended prison sentence includes the prisoner and his or her family, especially when children are involved.

Incarcerated Parents Can Still Maintain Their Parental Rights

When a parent has been arrested and convicted of a crime, depending on the circumstances, a parent may lose parental rights to his/her children. This, however, is not a guaranteed termination. Parents who have been incarcerated may still be permitted to have parental rights and a relationship with their children as long as that relationship does not harm or cause damage to the child’s physical, mental, and/or emotional well-being.

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