Tag Archives: child custody arrangements

Awarding Temporary Guardianship of Your Child

DuPage County guardianship lawyerTemporary custody is usually decided during divorce, as the child’s parents are likely to split up before the marriage is dissolved, and is subject to change when the divorce is finalized. After all, divorce typically takes many months, as assets and debts need to be accounted for, child support and spousal support are debated, and division of property is negotiated.

However, in some cases not associated with divorce, a parent (or parents) may wish to willfully give temporary guardianship to another party. For example, a mother with full legal custody may wish to grant the child’s father guardianship if she knows she will be leaving the country for an extended multi-month work trip, during which she will be unable to take care of her child. A guardianship attorney can help make this possible.

Who Can Be Given Custody?

According to 755 ILCS 5/Probate Act of 1975, temporary guardianship may be awarded to a relative or family friend when the parent of a child temporarily cannot provide care. A parent can decide who they want to have as the temporary guardian of their child as long as that person is at least 18 years of age, not a felon, a U.S. citizen, not legally disabled, and of legally sound mind. Typically, a parent will choose:

  • The child’s other parent;
  • A grandparent of the child;
  • A godparent;
  • Another close family relative; or
  • A close family friend.

In What Situations Would a Parent Award Temporary Custody of Their Child?

Work Obligations: Americans travel for work more now than at any other time. High-income earners ($75,000 or more per year) are significantly more likely to travel for business, with 58.3 percent of respondents to a survey answering “definitely yes” or “probably yes” to a question of whether or not they would consider themselves a frequent business traveler. Some employees are required to work for extended periods out of state or country. For a single parent with considerable work obligations, such as long hours or business trips, obtaining a close family member or friend, or the child’s other parent, to fill in as a temporary guardian may be a good short-term option.

Other Responsibilities: Whether you have educational commitments or an obligation to care for a sick parent, you may not have the time to care for your child as well.

Financial Problems: A parent who cannot afford to take care of his or her child may opt to grant temporary custody.

Temporary Incapacitation: If a parent knows they are going to be sick, with cancer, for example, they can grant temporary custody to another person. The mean number of days per stay in a hospital is 12.5 for admissions due to cancer-related pain, and many cancer patients are admitted numerous times during 12-month periods. Or, if the parent became injured or ill and is expected to require many weeks or months of recovery time in the hospital, they may wish to give temporary custody.

Contact a Wheaton, IL Guardianship Attorney

When awarding temporary custody, you need to ensure you are given visitation rights, as well as set the duration, where the child will live, and other financial agreements. Let the experienced DuPage County child guardianship attorneys at the Andrew Cores Family Law Group help. Call us at 630-871-1002 to schedule a free consultation.

Sources:

https://www.ncbi.nlm.nih.gov/pmc/articles/PMC4374858/

https://skift.com/2014/09/22/travel-habits-of-americans-only-10-percent-of-americans-travel-frequently-for-business/

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=075500050HArt.+XI&ActID=2104&ChapterID=60&SeqStart=12100000&SeqEnd=14300000

The Importance of Qualified Legal Counsel

child custody arrangements, child support, divorce papers, DuPage County divorce attorney, qualified legal counselA recent spate of cases involving courts citing businesses for the unlicensed practice of law highlights the importance of using a licensed attorney during the divorce process. A recent case on this issue comes from the Ohio Supreme Court, but it is a problem that can occur just as easily in any other state.

State governments closely monitor the people who practice law to ensure that they have the training to competently represent others in court. Those who are not properly licensed and trained can end up making mistakes that cost their clients. That is exactly what happened in the Ohio case that ended up with the company making a mistake that left their client’s divorce papers useless. Consequently, it is important for discerning people seeking a divorce to ensure that they use a properly licensed attorney if they want counsel during the process.

Fast Divorce Companies

The case in Ohio involved a woman seeking a divorce from her husband based on irreconcilable differences. This requires the person seeking the divorce, the petitioner, to file paperwork with the court. The paperwork needs to include a variety of different pieces of information and proposed resolutions to the divorce, like division of property. One of the things that the paperwork needed to include was proposed provisions for child support and child custody arrangements after the divorce. The paperwork, which cost hundreds of dollars to prepare, did not include such provisions, which meant that the court would not accept the filing, requiring it to be redone without assistance.

Making Sure Someone is a Licensed Attorney

In order to avoid such a thing happening, it is important to ensure that the person preparing the paperwork is a licensed attorney. Making sure that someone in Illinois is a licensed attorney is a simple task that can be done online. All attorneys must register themselves with the Illinois Attorney Registration and Disciplinary Commission (“IARDC”). The IARDC is a service run by the Illinois Supreme Court that tracks all the state’s attorneys. The IARDC tracks an attorney’s business address, his or her current license status, whether he or she carries malpractice insurance, and a public record of any disciplinary proceedings that may have occurred related to the attorney. The website for the IARDC contains a public search function. This search, which operates based on the attorney’s last name, allows potential clients to access the IARDC information so that they can make an informed decision about who they would like to hire.

If you are considering filing for divorce, seek out help from qualified legal counsel in the form a DuPage County divorce attorney. Our skilled team of professionals can put their experience to work for you, guiding you through the entirety of the divorce process and making sure things get done right the first time.