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DuPage County Attorneys

LOMBARD

900 E. Roosevelt Road, Lombard, IL 60148

Phone: 630-932-9100

BLOOMINGDALE

134 N. Bloomingdale Road, Bloomingdale, IL 60108

Phone: 630-529-4761

ST. CHARLES

333 N. Randall Road, Suite 104, St. Charles, IL 60175

Phone: 630-443-0600

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Phone: 630-932-9100
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Sticking to a consistent parenting time schedule may take a lot of effort on your part, but experts agree that having a predictable routine helps children feel more secure and confident. At some point, however, almost every child will put up a fuss when they have to pack up and shift to their other parent’s home. It is natural for a parent to feel conflicted in this situation. On one hand, you hate to do anything that creates undue stress for your child. On the other hand, if you do not comply with your parenting time order, you could be penalized by the court.

So, what should you do if your child strongly objects to going with their other parent when the parenting time schedule calls for it? There are several factors to consider, including the law, the age of the child and the behavior of the co-parent.

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grandparents rights in Illinois, DuPage County famil ylawyersIn 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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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-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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custody decisionIt is common for a child with divorcing parents to express a desire to live with one parent over another. However, it is a frequent misconception that a child, especially an older child, can choose which parent to live with. In Illinois, the law does not allow a child to decide his or her custody arrangement. Instead, “the wishes of the child” is only one of a multitude of factors that a court considers when it awards custody.

Why a Child Cannot Choose Who to Live With

There are very good reasons for not allowing a child to determine his or her custody arrangement. For one, courts do not allow minors to make legally binding decisions. This includes prohibiting children from making decisions regarding their placement. Additionally, a court would not want to put a child in a position where he or she would have to make such an important decision about his or her future. Finally, not allowing a child to decide his or her placement helps protect the child from undue influence or persuasion from his or her parents or other potential guardians.

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Whether you are going through a divorce, injured in an accident, need to file a workers' compensation claim, charged with a crime, immigrating to the United States, or need to file for bankruptcy, Mevorah Law Offices LLC can help. Our trial lawyers have over 40 years of experience helping clients throughout Northern Illinois from five offices in Lombard, Bloomindale, Naperville, St. Charles, and Chicago.

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