Tag Archives: DuPage County family law attorney

Power and Control: Domestic Violence

control, DuPage County family law attorneyDomestic violence occurs when a person physically, emotionally, or sexually abuses their romantic partner or another member of his or her family or household. Such violence, which is also called domestic abuse, can happen to anyone. Men and women alike can be victims of it. People of all races, cultures, income levels, sexual orientation, and age can be affected by domestic abuse.

At the heart of domestic violence is the abuser’s need to control their victim. Often, they use destructive and cruel behaviors to maintain power and control over their significant other or spouse. A perpetrator of domestic abuse may:

  • Physically harm their partner by punching, slapping, kicking, or otherwise hurting them;
  • Use weapons to hurt or intimidate their partner;
  • Threaten their partner or their partner’s family;
  • Deprive their partner of access to finances or use money to control him or her;
  • Purposely humiliate their partner with the intention of breaking him or her down emotionally; or
  • Force their partner to have sex against his or her will.

These are only a few of the tactics that abusers use to hurt their partners. If your romantic partner or spouse is doing anything to you that makes you feel afraid, threatened, or unsafe, please do not hesitate to reach out for help.

Politician’s Son Arrested on Charges Related to Domestic Violence

Former presidential candidate Sarah Palin has been in the news recently after her son Track was arrested on charges related to domestic violence. He and his father were arguing over a truck when Track allegedly attacked him. The father sustained injuries to his head and face. Track was arrested by police and charged with first-degree burglary, fourth-degree assault and fourth-degree criminal mischief.

This is not the first time Track Palin has been in hot water for domestic violence. In 2016, he was arrested due to another violent altercation – this time with a woman. According to a spokesman for the Wasilla police department, the 2016 incident resulted in Palin being charged with assault, interfering with a report of domestic violence, and possession of a weapon while intoxicated.

Seek Trusted Legal Help

If you are currently in an abusive relationship, do not hesitate to seek safety. This may include removing yourself from the abuser’s home and filing for an emergency order of protection. No one deserves to be in a violent or abusive relationship. If you are ready to take the step of divorcing your abusive spouse, the attorneys at Andrew Cores Family Law Group are here for you. For compassionate legal guidance, contact a skilled DuPage County family law attorney. Call 630-871-1002 for a free, confidential consultation at any one of our three convenient locations today.

 

Sources:

http://www.cnn.com/2017/12/18/politics/track-palin-arrested-domestic-violence/index.html

http://www.thehotline.org/is-this-abuse/abuse-defined/

Review Your Parenting Plan for Holiday Arrangements

holiday, DuPage County family law attorneyIn about two weeks, families throughout the United States will get together to celebrate the Thanksgiving holiday. As you might expect, traditions often vary from one family to the next, but for most people, the most important part of the holiday season is the opportunity to visit with friends and loved ones—many who have traveled a great distance to be part of the festivities. If you are a divorced parent, however, planning for the holidays can be difficult as you most likely will need to coordinate your plans with those of your child’s other parent.

Rotating Holidays?

Illinois law provides that a parenting plan following a divorce must include a parenting time schedule. Must parenting plans also include provisions that indicate where and how the child will spend certain holidays, depending on which holidays are a priority for which parent. For example, if Thanksgiving is a major holiday among your extended family but not so much for the other parent’s family, your agreement could stipulate that your child is to stay with you each year at Thanksgiving. In other situations, an alternating or split holiday schedules may be more appropriate.

It is also possible for your parenting plan to be silent on the issue of holidays or leave such considerations to be determined by mutual agreement each year. If this describes your parenting plan, you will need to make your plans soon.

Travel and Other Considerations

Each year, millions of Americans travel significant distances to spend holidays with friends and family in other states. If travel will be part of your holiday plans and you want your child to come with you, you may need to carve out several days day to make it happen. Communicate with your ex-spouse about taking a few days to celebrate Thanksgiving in another state. Let him or her know that you have a safe, comfortable place to stay and that you will be a positive role model for your children throughout the trip.

In return, you may need to offer a similar consideration in the future—another holiday, for example. Alternatively, maybe you would be willing to sacrifice an upcoming weekend with your children in exchange for the extra time to allow your child to travel with you.

Be Flexible

You should also be ready to keep an open mind if the other parent approaches you regarding traveling with your child. While it may not be your ideal situation, being accommodating and flexible can allow your child to make the most of the holiday season. It also can help create trust between you and the other parent that can last far beyond Thanksgiving and Christmas.

If you have concerns about how to exercise your rights to spend holidays with your children, contact an experienced DuPage County family law attorney. Call 630-871-1002 for a free consultation with a member of our team today.

 

Source:

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=075000050HPt%2E+VI&ActID=2086&ChapterID=0&SeqStart=8350000&SeqEnd=10200000

Visitation for Non-Parents in Illinois

visitation, Wheaton family law attorneyFor many families, it is considered a blessing to have large numbers relatives interested in visiting one another and helping raise children in a loving environment. In other situations, however, the family relationships may be strained, and a person with children may choose to limit his or her child’s interaction with other members of the child’s family. If you have been prevented from seeing or interacting with a child in your own immediate or extended family, it is important to understand how the law applies in such situations.

Stepparent Visitation

Under Illinois law, stepparents have no inherent rights to visitation if the child’s biological parent (at least one) does not consent. However, since 1998, there has been some movement toward changing this. After a series of decisions involving the question of stepparents seeking visitation from parents who were still in the proverbial picture, Illinois courts essentially recognized that stepparents might have standing, or the legal capacity to bring suit over a specific alleged wrong. However, even with standing, most stepparents are not able to obtain visitation without a significant fight.

A stepparent may only ask for visitation, assuming the biological parent does not consent, if the biological parents are disabled, deceased or otherwise unable to consent. If one or both parents are deceased, then a stepparent may petition for either parenting time or full allocation of parental responsibilities. Certain criteria must be met, including the stepparent having been married to the biological parent for at least 5 years, as well as the child being at least 12 years old and wanting to have a relationship with the stepparent.

Grandparent and Sibling Visitation

Siblings and grandparents of minor children occupy a slightly different position under Illinois law. They must prove that there has been an “unreasonable denial” of visitation, which can be difficult, but not impossibleAt least one of the following conditions must be met, as well as the child’s parent unreasonably denying the visitation:

  • The other parent of the child in question has been out of the picture (either deceased or missing) for at least three months;
  • One or both of the child’s parents have been declared legally incompetent;
  • One or both parents have been incarcerated for at least three months prior to the petition;
  • The child’s parents are in the middle of a divorce and at least one parent does not object to the visitation; and/or
  • The child was born out of wedlock (to parents not living as a couple) and the petitioner is a sibling or grandparent. Legal paternity is required for paternal grandparents or siblings to have standing.

 

Be advised that “visitation” can mean not only in-person visits, but also reasonable electronic communication, if it is ordered. This may be easier for some, and more parents are likely to consent to it if the child can remain with them while interacting electronically with other family members.

Ask an Attorney

If your grandchild, sibling or stepchild is in a situation where you would like obtain visitation privileges, an experienced DuPage County family law attorney can help you explore your available options. Call 630-871-1002 for a free consultation today.

 

Source:

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2086&ChapterID=59&SeqStart=8300000&SeqEnd=10000000