Posted on September 07, 2015 in Family Law

The field of family law is changing in Illinois. The House and Senate have passed numerous amendments to current laws to reflect the ever changing dynamics of family law, especially as the United States is showing a significant departure from traditional family units in favor of more varied family make-ups. The nuclear family has changed and the law has been slow to keep up, but finally is reflecting the new social norms in the family arena.

One of the major amendments to family law is the update and redrafting of the Parentage Act of 1984. With it being more than 40 years since its initial passage, the law has been in significant need of a reboot, especially with same-sex parents now becoming part of the new normal. The Illinois General Assembly recently passed the Parentage Act of 2015, and is currently waiting for the governor’s signature.

Main Amendments to the Parentage Act

The main changes that were made to the Updated Parentage Act look to mirror the societal norms regarding family dynamics that are currently in place by incorporating gender-neutral speech and providing opportunities for parentage to those who are not biologically linked to the child in question. The one thing that hasn’t changed is that all roads end at “the best interest of the child.” In other words, regardless of the changes in the family dynamic, if the child is being raised in a household where his/her needs are being met and there is no harm or threat of harm to the child in question, then the child’s best interests are being served.

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 Posted on September 02, 2015 in Immigration

One of the most overlooked visa categories is the J-1, or exchange visitor visa. While its applications are somewhat murky, it is routine for people to have several misconceptions about it even after receiving one. If you believe a J-1 visa might work best in your travels to the United States, it is imperative that you understand what it can and cannot do.

The Basics

The J-1 visa is designed for those in study or work-based exchange programs—that is, people intending to say in the United States for a specific, temporary length of time. It is not uncommon for many to confuse this visa with an L-1 (a visa allowing workers to transfer between an international branch of their company and a United States branch) or an F-1 (a visa which permits study at an institution of higher education or at a trade school). There are specific categories into which an applicant must fall in order to have clearance to apply for a J-1. Categories include the following:

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 Posted on August 27, 2015 in Family Law

The concept of family has made an incredible transformation over hundreds of years. The traditional family unit hundreds of years ago painted a portrait of the nuclear family – father, mother, and children – with various layers of familial relatives that supported and encircled the nuclear family. Each nuclear family unit was considered independent and unified, with the responsibilities of each parent outlined according to their specific gender roles and society’s ideals. Flash forward to today’s present and the family norm has transformed from the traditional nuclear family into a various cross-section of familial lifestyles.

The History of Illinois’s Marriage and Dissolution of Marriage Act

In Illinois, the Marriage and Dissolution of Marriage Act (IMDMA) is the codification of family practices in the state. It was passed in 1977 and attempted to handle the ever-changing relationship between the court system, the law, and the family. Except for minor tweaks, the law, which was written back in 1977, has not been touched in 40 years, and now is the center of a massive overhaul. As part of the overhaul, Illinois set up its own specialized committee, the Illinois Family Law Study Committee, to comb through the IMDMA and make the necessary changes to reflect the new normal now seen throughout Illinois and the United States. Same-sex marriage, which had been codified and took effect on June 1, 2014, was just one of the many issues tackled.

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 Posted on August 27, 2015 in Family Law

With the widespread return of disease epidemics spawned by parents not vaccinating their children, the topic of religious exemptions in the medical field has legislators in hot debate. Fundamental rights of freedom of expression are always hot button issues, but what if a fundamental right is harming not only your child, but others as well? Where is the line drawn? And if it harms only your child, is it considered abuse?

Religious Exemptions in Medical Situations

Religious exemptions can be applied to other medical situations other than vaccinations. In many of these religious sects, there are specific tenets that oppose specific medical procedures. For example, Scientologists oppose treatment for some neurological disorders like depression, autism, and ADHD, but are accepting of treatment for physical ailments. Jehovah’s witnesses are opposed to blood transfusions, which seriously limits the possibility for surgery.

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 Posted on August 27, 2015 in Family Law

At the dissolution of a marriage, though the marriage has been broken up, there are still many details that must be resolved. Everything from dividing up the assets to child custody arrangements must be dealt with before each spouse can go on to live separate lives. Each parent, as a result of their relationship with the child from the marriage, has a duty to support the child in aspects of the child’s life such as food, clothing, a home, education, and the provision of the mental, emotional, and physical needs of the child. This is what child support is geared toward, whereby the custodial parent is provided with the financial resources to raise the child. The idea is that but for the divorce, the child would have received the support from both parents as a result of the marriage.

State Mechanisms to Capture Child Support

All states have some mechanism by which they may be able to get the child support payments of the non-paying parent. If a parent is not paying his/her child support, usually the state may intervene on behalf of the child and the custodial parent to ensure that there is some way by which the non-paying parent will provide financial support for the child. Sometimes this may be through garnishment of wages, whereby the state orders the parent’s employer to take out of the salary the necessary amount to be paid to the child.

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 Posted on August 27, 2015 in Family Law

Being 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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 Posted on August 27, 2015 in Personal Injury

Kenneth Collins, 43, was killed when a car jumped the curb and struck him outside Roseland Community Hospital, according to the chtribune. According to the Tribune, Collins "worked to give hope and counseling to troubled teens" at the hospital, where he had been hired about a month ago as a mental health counselor. "He had previously worked in Division One at Cook County Jail as a Cook County Sheriff’s officer for about eight years," the deceased’s mother told the Tribune.

The driver who lost control of his car was not reported to have been drinking. He remained at the scene, and "told police that he lost control and veered over the center." There was nothing premeditated, no foul play involved with the accident. The deceased’s mother told the Tribune"it was just an accident. A tragic accident."

While Collins’ death was, of course, a bleak exception, according to the National Highway Traffic and Safety Administration Center for Statistics and Analysis, "since 1997, pedestrian fatalities have declined by 10 percent." This drop was the largest decrease in motor vehicle deaths among any category in that report. Pedestrian fatalities make up about 10–11 percent of the total number of fatalities killed in crashes.

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 Posted on August 27, 2015 in Personal Injury

In the morning of August 12^th there were three car accidents on the Bishop Ford highway within 10 minutes. The first accident occurred on the northbound side of the Bishop Ford near 120^thstreet around 3:20 am. Two vehicles hit each other and rolled over leaving three injured. Two were taken to Advocate Christ Medical Center in serious to critical condition after one person was ejected from their vehicle, while the third person went to an unknown hospital.

On the opposite side of the highway, people had slowed down to satisfy their curiosity about the accident which caused a three-car crash. Two people suffered minor injuries from this accident and were taken to the John H. Stroger, Jr Hospital of Cook County.

Around the same time that traffic was building in northbound lanes, a separate car was being pursued onto the highway by a police officer. The chase was initiated by the officer from Burnham when he saw a car speeding and almost hitting pedestrians in the parking lot of Will’s Sports Bar. The suspect hit a few cars, injuring no one, before being apprehended after exiting the highway.

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 Posted on August 27, 2015 in Personal Injury

The state of Illinois started a new initiative on July 13^thwhich aims to take unsafe motorcyclists off of the roads. The scheme is termed “operation rogue rider” because it targets motorcyclists who dart between traffic, race over 100 mph, and speed on shoulders. Patrols will be set between Devon and Old Orchard Rd on the Edens Expressway. These roving watches might soon be expanded to the Dan Ryan Expressway and Interstate 57.

Authorities are claiming that they receive nightly calls about dangerous motorcyclists. Between Skokie and Lincolnwood, hundreds of complaints have been received from local residents. It’s not only other drivers that are noticing the dangers of motorcyclists. So far this year, the Chicago region has experienced 13 fatalities and 7 injuries in motorcycle crashes. That amounts to an 85% increase in fatalities and a 75% increase in injuries compared to the same period of time last year.

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 Posted on August 27, 2015 in Personal Injury

The Washington Post released a tragic story about a double-decker bus crashing into a bridge support pillar in Illinois. The packed Megabus blew a tire and slammed into an interstate bridge pillar, causing people to fly out of their seats, and leading to at least one person dying and over two dozen injuring themselves.

Doug Francis, an Illinois State Police trooper, confirmed that one person had died in the crash. The bus had been traveling between Chicago and Kansas City when the accident happened. He could not give any other details about the death incident.

At least four people were taken to a trauma center by helicopter, and hospitals treated more than 20 other patients from the bus crash. The bus was left smashed up against the pillar, and rescue crews climbed ladders to help those who were trapped inside. As car accident victims, they have rights to compensation. A car accident lawyer in the Chicago area can be instrumental in obtaining the compensation one deserves.

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