Posted on May 21, 2016 in Family Law

There is a growing custody trend in divorce – one that places children at the very forefront in a new and unconventional way. Known as “birdnesting,” it is receiving attention from celebrities, television shows, and everyday divorcees alike. The big appeal is that children are not uprooted or split between two homes during and after a divorce, and many swear it has helped their children with adjustment during and after the divorce. But is this custody arrangement right for your family? The answer may rest in why you are getting a divorce in the first place.

How Birdnesting Works

In a “conventional” divorce, parents share what is known as parenting time and the child may have two separate homes – one with each parent. Birdnesting is exactly the opposite – parents are the ones who alternate living space, and in some circumstances, they may even be under the same roof for a decent amount of time. And, typically, it is the same house they owned prior to the divorce.

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 Posted on May 19, 2016 in Personal Injury

When most people think of head injuries, they think of concussions: blows to the head experienced during major falls, automobile accidents, or while playing sports that can have lasting effects. There is, however, a lesser known but quieter, insidious type of head injury in which few people are aware. Experienced even during minor accidents or simple slips and falls, these injuries are slow-growing but can quickly and easily become fatal if not detected. These injuries are known as subdural hematomas.

What is a Subdural Hematoma?

Like concussions, subdural hematomas are injuries to the head. However, unlike concussions, subdural hematomas do not need a major blow to occur. They can occur because of a simple fall, or even just starting to fall and then catching yourself. Subdural hematomas can also occur even during a minor automobile accident, where the head is suddenly jolted or bumped so slightly that the injured person does not even remember or fully register the hit. Those who are aged 60 or older are most susceptible because of how the brain changes with age.

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 Posted on May 19, 2016 in Immigration

It is an unfortunate reality that many people in the United States are the victims of violence at the hands of their loved ones. While it is more common for women to experience such treatment, it affects men as well. Sometimes, it can become an issue of survival. If your abuser is a United States citizen or permanent resident, there may be a way out for you. The Violence Against Women Act (VAWA) permits battered spouses to apply for permanent residence to get away from their abusers (despite the title, both genders are encouraged to apply).

Can Any Immigrant Apply?

Upon its passage in 1994, VAWA only applied to women, though its benefits were later extended to those who identify as male or non-binary. It recognizes the necessity to allow non-citizens who meet the requirements and are the victims of domestic violence a chance to start a new life without their abuser’s presence. However, the immigrant must be either the spouse or child of their U.S. citizen or lawful permanent resident abuser, or the parent of their U.S. citizen abuser, to qualify under VAWA. You may also file as an abused spouse if your child has been abused by your U.S. citizen or permanent resident spouse.

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 Posted on May 13, 2016 in Family Law

In the state of Washington, grandparents are banding together to obtain legal rights to their grandchildren. But what does this mean, exactly? And how – if at all – does the law protect the rights of grandparents in Illinois? If you are a grandparent and are being denied visitation to your grandchild, the following will help you understand if and how Illinois’ grandparents’ rights statute applies to you.

How the Law Defines Grandparents’ Rights

Grandparents’ rights are not like parenting rights, nor do they overrule them. Instead, the Illinois statute 750 ILCS 5-602.9 simply acknowledges that you have the right to ask the court for legal permission to see your grandchildren. Depending on the situation, this request may or may not be granted, and it may or may not be considered “valid” by the courts. In fact, there are only a handful of situations in which you may legally pursue grandparents’ rights.

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 Posted on May 12, 2016 in Personal Injury

Car accidents occur daily, and some of the most deadly accidents are head-on collisions. These types of collisions can be caused in a variety of ways. Speed is usually the top offender, in addition to accidents caused by drivers who are drunk, drivers who are under the influence of drugs, or drivers who are distracted. The resulting impact on the loved ones left behind can be devastating.

Additionally, if someone is lucky enough to even survive a head-on collision, the ongoing care and convalescence involved can be lengthy and costly. Almost 100 fatal injuries occurred in Illinois in 2012 due to head on collisions.

Head-on Collisions

Head-on collisions account for roughly 10 percent of driving fatalities and usually occur because of another driver’s unintentional maneuver on the road. Unintentional maneuvers can occur when a driver is being reckless, speeding, fatigued, distracted, or is driving too fast for the road pattern or weather conditions. Even drunk drivers or those under the influence of drugs can contribute to this deadly type of motor vehicle accident. This negligence and recklessness creates a huge risk and does not bode well for law abiding, safe drivers and their innocent passengers when sharing the road.

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 Posted on May 12, 2016 in Immigration

Very often, the most vulnerable people seek asylum in the United States, fleeing oppressive and dangerous conditions in their home countries. Yet what many do not realize is that sometimes, the waiting for a decision can be arguably just as difficult and dangerous. This is especially true for transgender and non-gender-conforming people, who make up approximately one of every 500 immigrants, and an even higher proportion of asylum seekers. However, Immigration and Customs Enforcement (ICE) has begun to make changes to their policies regarding these potential asylees, which can only improve quality of life in general.

Is Gender Identity Covered by Asylum Law?

U.S. asylum law has its roots in the 1951 Geneva Convention and its 1967 protocol on refugees. The definition of a refugee propagated in the Convention is the one contained almost word for word in the U.S. Immigration & Nationality Act, and it permits application for asylum if someone is unable to obtain protection from, or return to, his or her country of nationality. If these criteria are met, there are five grounds on which someone may apply under U.S. law for asylum. Those grounds are race, religion, nationality, political opinion, or membership in a particular social group.

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 Posted on May 07, 2016 in Family Law

Divorce in the later years of life – often referred to as "gray divorce" – is becoming more common, especially now that people are living longer, working longer, and physically active longer. In fact, one in four Americans over the age of 50 are going through a divorce, which is double the rate from 1990. Unfortunately, this also comes with some drawbacks, particularly in the financial area. Know what your risks are and how you may be able to prepare effectively before filing.

Marital Assets in Gray Divorce

Just like in all divorces, marital assets are divided among those divorcing later in life. For example, pension money, such as IRAs and 401Ks earned during a divorce, are usually split. This can ultimately delay retirement, especially if alimony is an issue. In contrast, if the divorcing couple has already retired, this can create a massive shift, possibly to the point of completely altering the lifestyle of one or both parties.

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 Posted on May 05, 2016 in Personal Injury

Truck drivers perform a very important role in our daily commerce. Without them transporting goods between destinations, our everyday lives and the flow of goods and services would be impacted. However, long haul journeys are often involved and the incidents of truck accidents do not go unnoticed.

Reports from the U.S. Department of Transportation state that close to 4,000 people are killed in large truck crashes each year. Moreover, driver fatigue is stated as a leading factor.

Motivated to drive longer in order to be paid more, tired drivers put others at risk on the roads. In 2013, there were 10,397 crashes involving tractor-trailers in Illinois alone.

Under-represented Statistics

Train and bus accidents grab the news headlines when there are multiple casualties due to a tired driver or conductor falling asleep behind the wheel or at the controls. Trucks are no exception. Unlike testing for alcohol and drugs, a definitive test for fatigue does not exist. This can lead to the real numbers of fatigued drivers causing accidents being under-reported and under-estimated.

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 Posted on May 05, 2016 in Immigration

If you are an immigrant in the United States, you have likely heard of an aggravated felony, or are at least aware that committing a crime described as an aggravated felony can have serious immigration consequences. However, depending on your circumstances, you may not have heard of crimes of moral turpitude (CMTs). Until you obtain citizenship, if you so desire, committing a CMT can still have serious consequences for your immigration status.

Definitions and History

The designation of crimes of moral turpitude appeared in U.S. immigration law for the first time in the late 19th century, where it was defined as a crime involving conduct that is inherently dishonest or otherwise wrong; a crime that involves malice (‘malum in se’) rather than being wrong simply because there is a law against it (‘malum prohibitum’). For example, pedestrians crossing the street outside the confines of a crosswalk is not an inherently wrong act, but rather it is unlawful (‘malum prohibitum’). Conversely, deliberately striking a pedestrian with your automobile is inherently wrong and immoral (‘malum in se,’ which would qualify as a crime involving moral turpitude).

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 Posted on April 29, 2016 in Family Law

Leaving 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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