You are marrying someone who lives out of state, and you want to move in with them. Or you got an outstanding job opportunity in another state. Or maybe you just wanted to move to a place where you enjoyed a vacation. Your children are still minors, can you take them out of state where they now live?
First, you must look at the specific language in your divorce judgment or parenting agreement. Your divorce may have already anticipated this situation, and you might find some guidance there. Many divorce judgments, however, will not allow a parent to move children out of state without court permission.
Unless the language of your divorce judgment says otherwise, Illinois law prohibits moving children out of state unless the custodial parent can prove that the move is in the best interests of the children. What that means depends on the specific facts of your case.
The Illinois Courts have looked at whether a move would enhance the quality of life for the custodial parent and the children. For example, are you moving because of a significant job opportunity that would raise the family’s standard of living? Are you moving because you intend to remarry and your new marriage would improve your children’s financial security or allow you to spend more time with them? Are there health reasons for making a move?
You cannot move simply to get away from the non-custodial parent or keep the other parent from seeing your children, or because you’d just like to live somewhere else. You may be denied permission to move if travel between your children and your ex-spouse is too difficult.
If you do seek permission to move, you must show an effort to promote the relationship between your children and your ex-spouse. Your ex-spouse may have less frequent visitation, but for longer periods. For example, your ex-spouse may get the children for the summer to make up for lost time during the school year. You may also have to pay the children’s transportation costs to visit your ex-spouse.
If you have questions about this or another domestic relations matter, please contact Zachary W. Williams at 1-312-981-0851 or email zwwlawyer@gmail.com.
Sunday, May 13, 2012
HOW DO I CHOOSE A DIVORCE ATTORNEY?
Divorce can be one of the most stressful events in a person’s life. Therefore, it is critical to choose an attorney who is a good fit for you. After all, you may have to live with that decision for a long time.
First, you need to sit down and have a face to face conversation with any prospective attorney. You should share your concerns and listen to how the attorney responds.
Does the attorney listen or do they interrupt a lot? An attorney should be interested in you and the facts of your individual situation. Divorce is a personal process. If the attorney is not going to be interested in you as a person, why should you be interested in them as an attorney? An attorney who doesn’t listen might also overlook important information about your case.
Does the attorney talk to you about what you may expect? An attorney should be able to clearly communicate information about the proceeding and the likely outcomes.
Does the attorney offer suggestions or guidance? Do they ask the right questions? A knowledgeable attorney will ask questions that get at the heart of your situation and demonstrate a familiarity with the family law court system. They may also give advice on more effectively dealing with your spouse or on presenting your situation to the court.
Is the attorney willing to tell you things you might not want to hear? An attorney must honestly advise his or her client, even when the advice goes against the client’s wishes. For example, if the client wants me to bring a change of custody order, and I know the grounds for the change are weak, my best advice is not to pursue the order.
An attorney needs to be a truth teller, and the attorney should help you get your truth before the judge.
Beware of attorneys who overpromise or make guarantees for a low flat fee. Except in very limited circumstances, no attorney can predict the outcome of a case 100% of the time. We do not control the minds of your ex-spouse, the mediator or the judge. An attorney can make educated guesses, plan an effective strategy for your particular case, and advise you about likely results, but an attorney can never guarantee things will go your way.
A successful divorce experience involves the ability to tailor solutions to the client’s particular problems. Divorce is not a one size fits all proceeding.
For me, divorce and child custody law is not just a business. My practice is about my clients and about doing as good a job for them as possible. By doing my job well, I can have a greater impact on your child’s life than even some grandparents. Divorce law is serious stuff, and any attorney you hire should treat it that way.
If you have questions about this or another domestic relations matter, please contact Zachary W. Williams at 1-312-981-0851 or email: zwwlawyer@gmail.com
First, you need to sit down and have a face to face conversation with any prospective attorney. You should share your concerns and listen to how the attorney responds.
Does the attorney listen or do they interrupt a lot? An attorney should be interested in you and the facts of your individual situation. Divorce is a personal process. If the attorney is not going to be interested in you as a person, why should you be interested in them as an attorney? An attorney who doesn’t listen might also overlook important information about your case.
Does the attorney talk to you about what you may expect? An attorney should be able to clearly communicate information about the proceeding and the likely outcomes.
Does the attorney offer suggestions or guidance? Do they ask the right questions? A knowledgeable attorney will ask questions that get at the heart of your situation and demonstrate a familiarity with the family law court system. They may also give advice on more effectively dealing with your spouse or on presenting your situation to the court.
Is the attorney willing to tell you things you might not want to hear? An attorney must honestly advise his or her client, even when the advice goes against the client’s wishes. For example, if the client wants me to bring a change of custody order, and I know the grounds for the change are weak, my best advice is not to pursue the order.
An attorney needs to be a truth teller, and the attorney should help you get your truth before the judge.
Beware of attorneys who overpromise or make guarantees for a low flat fee. Except in very limited circumstances, no attorney can predict the outcome of a case 100% of the time. We do not control the minds of your ex-spouse, the mediator or the judge. An attorney can make educated guesses, plan an effective strategy for your particular case, and advise you about likely results, but an attorney can never guarantee things will go your way.
A successful divorce experience involves the ability to tailor solutions to the client’s particular problems. Divorce is not a one size fits all proceeding.
For me, divorce and child custody law is not just a business. My practice is about my clients and about doing as good a job for them as possible. By doing my job well, I can have a greater impact on your child’s life than even some grandparents. Divorce law is serious stuff, and any attorney you hire should treat it that way.
If you have questions about this or another domestic relations matter, please contact Zachary W. Williams at 1-312-981-0851 or email: zwwlawyer@gmail.com
CAN MY SPOUSE AND I USE THE SAME ATTORNEY?
You and your spouse see eye to eye on just about everything from dividing your property to raising your kids. You don’t want a long, expensive divorce or custody matter. If you already are in agreement, can you use the same attorney?
The answer is yes and no. Any attorney must advocate for his or her client. As such, it is difficult, if not impossible, for an attorney to serve two masters. What if the attorney knows that your spouse is entitled to a better deal? The attorney could not advise your spouse while still acting in your best interest.
That being said, sometimes the parties use the same lawyer, even though that lawyer is representing only one of you. The lawyer can advise the spouse they do represent, draw up the necessary paperwork and appear in court. The non-represented spouse should have their own attorney review any paperwork. After that, however, they can allow the spouse’s attorney to proceed.
Using one attorney works best if the parties have relatively equal power and knowledge in the relationship. If you stayed home with the kids while your spouse ran a business, using the same attorney may not be a good fit. You may not know enough about your marital assets to make an informed decision about the fairness of the proposed agreement.
If you agree on most parenting decisions such as religion and education, and you both see each other as good parents, just not as good spouses, using one attorney can be a cost effective way of ending a relationship amicably.
If you have questions about this or another child custody or domestic relations matter, please contact Zachary W. Williams at 1-312-981-0851 or email zwwlawyer@gmail.com.
The answer is yes and no. Any attorney must advocate for his or her client. As such, it is difficult, if not impossible, for an attorney to serve two masters. What if the attorney knows that your spouse is entitled to a better deal? The attorney could not advise your spouse while still acting in your best interest.
That being said, sometimes the parties use the same lawyer, even though that lawyer is representing only one of you. The lawyer can advise the spouse they do represent, draw up the necessary paperwork and appear in court. The non-represented spouse should have their own attorney review any paperwork. After that, however, they can allow the spouse’s attorney to proceed.
Using one attorney works best if the parties have relatively equal power and knowledge in the relationship. If you stayed home with the kids while your spouse ran a business, using the same attorney may not be a good fit. You may not know enough about your marital assets to make an informed decision about the fairness of the proposed agreement.
If you agree on most parenting decisions such as religion and education, and you both see each other as good parents, just not as good spouses, using one attorney can be a cost effective way of ending a relationship amicably.
If you have questions about this or another child custody or domestic relations matter, please contact Zachary W. Williams at 1-312-981-0851 or email zwwlawyer@gmail.com.
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