What if you suddenly found yourself living in a foreign country? You don’t know the language, and you haven’t studied the culture. How are you going to survive without knowing anything except your own situation? Everything surrounding you seems alien and, in some cases, counterintuitive.
You need a guide.
As an experienced family law attorney, I can be your guide to the foreign country that is the Cook County Domestic Relations court. Few clients know how to navigate the court system on their own, let alone the best way to communicate about their situation.
To an outsider, some family law may even seem illogical. If your ex-spouse isn’t paying child support, why must you still give them visitation? Or vice versa? Why must you divide a relatively small amount of marital property, when you can’t get a share of that trust fund your spouse inherited? An attorney can help explain the answers to these questions and may be able to find alternative solutions.
While no attorney can guarantee a judge will rule in your favor, I can help you obtain better results by knowledgeably presenting your case in its most favorable light. I can also help you set realistic goals and work with you toward achieving them. Sometimes I may have to tell you something you’d rather not hear. For example, maybe Illinois law doesn’t support your position. Or maybe an issue you think is critical is not relevant to a judge.
Sometimes you will have a fight on your hands. Quite a few divorce attorneys can be overly combative and prolong the battle at the expense of their clients’ financial and emotional well-being. You may be forced to fight back. I can provide the skill necessary to fight so that a judge knows you aren’t the one causing the problem, and that you are just trying to do the best for your kids in a bad situation.
While I can act as your guide, you may still need to do work on yourself and your children. Sometimes that means getting your children professional help. Sometimes that means living on a budget for the first time. With more than 17 years of experience, I have developed a referral network of resources such as mental health professionals, therapists and financial experts. Having worked with so many parents on coping with divorce, I can help you find the solutions to make the changes you need.
If you have questions about this or another domestic relations matter, please contact Zachary W. Williams at 1-312-981-0851 or email to: zwwlawyer@gmail.com
Tuesday, April 24, 2012
IS JOINT CUSTODY RIGHT FOR YOU?
Illinois law prefers joint custody arrangements, and thus encourages parents to work together. Parents who communicate regularly and make joint decisions are thought to be acting in the best interests of the child.
But joint custody may not work for everyone. Here are some factors to keep in mind:
Joint custody means the ability to come up with a joint parenting agreement. The agreement should spell out each parent’s rights and responsibilities, how decisions will be made and a procedure for changes or disagreements. Generally joint custody involves making decisions about your child with the other parent. Either one of you may have residential custody, meaning your child’s primary residence. For some families, residential custody can be shared as well.
The three key decision-making areas where spouses should be able to reach agreement are: 1) medical, 2) educational and 3) religious. Perhaps your spouse is a Christian Scientist, who does not believe in seeking medical practice. You may feel that’s fine for your spouse, but not your kids. Perhaps you think your children should be home schooled, while your spouse wants them in a military academy. Or you wanted to raise your children as Catholics, while your spouse became a Buddhist. All these situations can prove trying when parents are deciding how best to raise children.
Even if you disagree on one or more of these areas, however, you might still share custody. It is important that your attorney and your spouse’s attorney have a good working relationship. You should also be able to work well with a mediator. In that way, the attorneys can draft a custody arrangement that fits your families’ individual needs, rather than trying to fit a square peg into a round hole. Perhaps either you or the other parent can have primary decision making on one or more of the key areas, but share joint custody on everything else.
Another factor to consider is the temperament of the parents. You cannot jointly parent with someone who abuses you or your children. You cannot jointly parent with a spouse whose judgment is affected by mental health issues or drug addiction. You cannot jointly parent with a spouse who has certain personality disorders, for example, one who refuses to compromise on even the most minor issues.
To make joint parenting successful, both you and your spouse must be able to keep your child’s best interests uppermost in mind. Can you and your spouse rationally discuss your child’s welfare and arrive at sensible decisions? If you’ve vowed never to speak to each other, joint custody is not right for you. But it does help to realize that there are many ways to communicate, such as by text, email or phone, and to find the way that works best for you.
If you have questions about this or another domestic relations matter, please contact Zachary W. Williams at 1-312-981-0851 or email to: zwwlawyer@gmail.com
Source: http://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=075000050HPt+VI&ActID=2086&ChapterID=59&SeqStart=8300000&SeqEnd=10000000
But joint custody may not work for everyone. Here are some factors to keep in mind:
Joint custody means the ability to come up with a joint parenting agreement. The agreement should spell out each parent’s rights and responsibilities, how decisions will be made and a procedure for changes or disagreements. Generally joint custody involves making decisions about your child with the other parent. Either one of you may have residential custody, meaning your child’s primary residence. For some families, residential custody can be shared as well.
The three key decision-making areas where spouses should be able to reach agreement are: 1) medical, 2) educational and 3) religious. Perhaps your spouse is a Christian Scientist, who does not believe in seeking medical practice. You may feel that’s fine for your spouse, but not your kids. Perhaps you think your children should be home schooled, while your spouse wants them in a military academy. Or you wanted to raise your children as Catholics, while your spouse became a Buddhist. All these situations can prove trying when parents are deciding how best to raise children.
Even if you disagree on one or more of these areas, however, you might still share custody. It is important that your attorney and your spouse’s attorney have a good working relationship. You should also be able to work well with a mediator. In that way, the attorneys can draft a custody arrangement that fits your families’ individual needs, rather than trying to fit a square peg into a round hole. Perhaps either you or the other parent can have primary decision making on one or more of the key areas, but share joint custody on everything else.
Another factor to consider is the temperament of the parents. You cannot jointly parent with someone who abuses you or your children. You cannot jointly parent with a spouse whose judgment is affected by mental health issues or drug addiction. You cannot jointly parent with a spouse who has certain personality disorders, for example, one who refuses to compromise on even the most minor issues.
To make joint parenting successful, both you and your spouse must be able to keep your child’s best interests uppermost in mind. Can you and your spouse rationally discuss your child’s welfare and arrive at sensible decisions? If you’ve vowed never to speak to each other, joint custody is not right for you. But it does help to realize that there are many ways to communicate, such as by text, email or phone, and to find the way that works best for you.
If you have questions about this or another domestic relations matter, please contact Zachary W. Williams at 1-312-981-0851 or email to: zwwlawyer@gmail.com
Source: http://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=075000050HPt+VI&ActID=2086&ChapterID=59&SeqStart=8300000&SeqEnd=10000000
CAN I CHANGE THE CUSTODY OF MY CHILD AFTER A DIVORCE?
During your divorce, you agreed to allow your spouse to have custody of your children. Now, he or she has a live-in partner who you believe mistreats them. Or maybe you simply feel your former spouse is too strict, or not strict enough. At this point, you think your children would be better off with you.
Can you change your custody order? What is the procedure?
Before petitioning the court for a change in custody, we must determine whether at least two years have elapsed since the Judgment awarded custody to the other spouse. If it has been less than two years, the Court will not change custody unless there has been an extraordinary change in circumstances. According to Illinois law, you must show by clear and convincing evidence that the "child’s present environment may endanger seriously his physical, mental, moral or emotional health." (750 ILCS 5/610.) Is the new partner abusing your child? Is your ex-spouse doing drugs or neglecting your children in some serious way?
An exception to the two year requirement is if your former spouse intends to move in or marry a sex offender. A motion to change custody under those circumstances can be made at any time. (750 ILCS 5/609.5.)
If the Judgment is more than two years old, then you need only show a change in circumstances. For example, your child is now an adolescent and needs to live with the same sex parent, or your child doesn’t get along with a new stepparent or stepsibling.
To start a change in custody proceeding, you must file a petition or motion requesting the change with the Court. If you and your former spouse agree on the change, the Court may enter an order reflecting your agreement. If not, your motion must be served on your ex-spouse and your ex-spouse will be given time to respond. Most likely, the parties would ask for some discovery about the matter. Discovery is the opportunity to obtain evidence from the other parent or a third party. You may wish to obtain school records or medical records to document your child’s situation. The parent who wants to keep custody might ask for information about your activities.
The court may next appoint a child representative. This is an attorney who advocates for the best interests of your child. A child custody expert may also be appointed. The child custody expert usually has a psychological or social work background. The expert might meet with both parents and observe them with the child. They may require psychological testing and may issue a recommendation about the change in custody.
Often, parents will come to an agreement after the expert issues their report. If not, you will have an opportunity to present your side of the story at a hearing before a judge. The judge will then order the change of custody or deny your request. If your request is denied, you can consider the possibility of appealing the judge’s decision.
While it is difficult to set a time table, most child custody proceedings resolve in six months to a year.
If you have questions about this or another domestic relations situation, please contact Zachary W. Williams at 1-312-981-0851 or email to: zwwlawyer@gmail.com
Source: http://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=075000050HPt+VI&ActID=2086&ChapterID=59&SeqStart=8300000&SeqEnd=10000000
Can you change your custody order? What is the procedure?
Before petitioning the court for a change in custody, we must determine whether at least two years have elapsed since the Judgment awarded custody to the other spouse. If it has been less than two years, the Court will not change custody unless there has been an extraordinary change in circumstances. According to Illinois law, you must show by clear and convincing evidence that the "child’s present environment may endanger seriously his physical, mental, moral or emotional health." (750 ILCS 5/610.) Is the new partner abusing your child? Is your ex-spouse doing drugs or neglecting your children in some serious way?
An exception to the two year requirement is if your former spouse intends to move in or marry a sex offender. A motion to change custody under those circumstances can be made at any time. (750 ILCS 5/609.5.)
If the Judgment is more than two years old, then you need only show a change in circumstances. For example, your child is now an adolescent and needs to live with the same sex parent, or your child doesn’t get along with a new stepparent or stepsibling.
To start a change in custody proceeding, you must file a petition or motion requesting the change with the Court. If you and your former spouse agree on the change, the Court may enter an order reflecting your agreement. If not, your motion must be served on your ex-spouse and your ex-spouse will be given time to respond. Most likely, the parties would ask for some discovery about the matter. Discovery is the opportunity to obtain evidence from the other parent or a third party. You may wish to obtain school records or medical records to document your child’s situation. The parent who wants to keep custody might ask for information about your activities.
The court may next appoint a child representative. This is an attorney who advocates for the best interests of your child. A child custody expert may also be appointed. The child custody expert usually has a psychological or social work background. The expert might meet with both parents and observe them with the child. They may require psychological testing and may issue a recommendation about the change in custody.
Often, parents will come to an agreement after the expert issues their report. If not, you will have an opportunity to present your side of the story at a hearing before a judge. The judge will then order the change of custody or deny your request. If your request is denied, you can consider the possibility of appealing the judge’s decision.
While it is difficult to set a time table, most child custody proceedings resolve in six months to a year.
If you have questions about this or another domestic relations situation, please contact Zachary W. Williams at 1-312-981-0851 or email to: zwwlawyer@gmail.com
Source: http://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=075000050HPt+VI&ActID=2086&ChapterID=59&SeqStart=8300000&SeqEnd=10000000
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