Posted on May 20, 2016 in Child Custody

The stresses of military deployments can lead struggling couples to begin the process of divorce and custody proceedings while one party is still overseas. However, a federal law, the Servicemember’s Civil Relief Act (SCRA), provides some protection to members of the military who are at a disadvantage in asserting custody rights due to physical distance.

SCRA

Under the Servicemember’s Civil Relief Act, judges are permitted to grant a stay of custody when a military member’s participation in the proceedings is materially affected by his or her service. In fact, stays are mandatory for 90 days after deployment if certain conditions are met, including the submission of:

• A communication containing facts that support a service member’s assertion that current military duty requirements materially affect his or her ability to appear at custody proceedings and that confirm a date when he or she will be available to appear; and

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 Posted on May 17, 2016 in Family Law

Four area students receive the 3rd Annual Scholarships for College-Bound Chicagoland Powered by the Law Office of Nicholas W. Richardson, P.C.

This month, the 3rd Annual Scholarships for College-Bound Chicagoland Powered by the Law Office of Nicholas W. Richardson, P.C., were awarded to four area high school students. Applicants highlighted one issue facing today’s society and outlined a possible solution.

Congrats to the winners listed below, along with the issue highlighted:

• Jessica D’Souza, Schaumburg High School, Corruption in the American Patent System
• Evan Johnson, Central High School, Racial Profiling by Police Officers
• Josh Seidman, Fremd High School, Minimum Wage
• Karolina Skarzynska, Schaumburg High School, Private Prisons.

Each $250 scholarship helps these high school seniors in Chicago’s Northwest Suburbs with expenses related to their education, including college, nursing, business, trade, technical training and other similar programs, and can be used for any related expense.

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 Posted on May 13, 2016 in Child Custody

Between 2011 and 2013, residential Department of Children and Family Services (DCFS) facilities reported 29,425 incidents of children who had gone missing while in DCFS custody. Tragically, many facilities did not immediately report runaways or missing children, making it much more difficult, if not impossible, for local law enforcement to locate them. However, a new law, known as the Safeguard Our Children Act, went into effect in Illinois this year and is aimed at addressing these practices. The law places a series of requirements on DCFS employees in regards to reporting incidences where children of any age, who are under their care, have been missing for more than 12 hours.

Senate Bill 1775

The new law, introduced last year by Senator Bill Cunningham, requires DCFS to consider a child under its care, who is living in a residential facility under contract with the Department, missing if he or she:

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 Posted on May 06, 2016 in Child Support

In many states, parents are not legally required to provide child support for their disabled, non-minor children. In Illinois, however, a recent amendment to the Illinois Marriage and Dissolution of Marriage Act (IMDMA) enabled Courts to allocate funds from the income or property of either or both parties to a divorce, for the maintenance of any adult children with mental or physical disabilities.

Disability

Under the amended law, a disabled person is an individual who:

• Has a physical or mental impairment that substantially limits a major life activity;
• Has a record of this type of impairment; or
• Is regarded as having such an impairment.

The law does not grant a Court the authority to award support for a non-minor child who became disabled after child support has been determined or an estate has been divided. Thus, in order to make a claim for support, the child must suffer from a disability that existed at the time the Court was in the process of awarding child support or dividing assets. The only exception to this rule is when a party submits a request for educational expenses.

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 Posted on April 27, 2016 in Child Custody

Under the changes to the Illinois Marriage and Dissolution of Marriage Act, the consequences of one parent’s interference with the other parent’s allocated visitation time are more severe and rigidly enforced than previously. The violation of a parenting agreement can result in a variety of civil and criminal penalties and range from fines and driver’s license suspensions to probation and jail time. Moreover, a negative impact on a child's well-being is extremely likely to occur with regard to scheduled visitation interference.

Petitions

The new law, which went into effect this year, requires Courts to provide expedited procedures for handling the enforcement of parenting time. In order to bring an action for enforcement of visitation rights, a parent or guardian must file a petition with the Court. The following information must be included:

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 Posted on April 22, 2016 in Child Custody

In a recently issued opinion, an Illinois Court of Appeals clarified how much weight should be given to a child’s opinion when determining the allocation of parenting time in post-divorce proceedings.

In re Marriage of Adamson

In October 2007, a Court issued a judgment for the dissolution of the marriage of James Adamson and Jennifer Adamson. According to the judgment, both parties were granted joint legal and physical custody of their two minor children, aged seven years and two years.

In July 2013, Ms. Adamson filed a petition to modify visitation and parenting time. A Circuit Court subsequently conducted a hearing and heard testimony from both parties and the older child, who was then 14 years old. The child testified that he was closer to his mother and that he would rather spend more time with her because his father preferred him to have sleepovers at his own house rather than at the houses of his friends. The child also stated that his father purposely brought his jersey and cleats late to sports games, which the father denied. Finally, the child stated that his father’s girlfriend was mean, to which Mr. Adamson admitted that he had stopped seeing the woman months before.

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 Posted on April 15, 2016 in Paternity

Recently, a new Bill that would have amended the Vital Records Act, sponsored by Representatives John D. Cavaletto and Keith Wheeler, was filed in Springfield, Illinois. If passed, the new law would have placed significant restrictions on a single mother’s ability to obtain financial assistance from the government if she could not establish the paternity of her child at the time of his or her birth. However, resulting public outcry led to the hasty tabling of the Bill and the loss of support from both sponsors.

While support has been withdrawn for the time being, the Bill's introduction still raises concerns about the future of public assistance for single mothers in Illinois.

House Bill 6064

According to the Bill, if an unmarried mother cannot or chooses not to name her newborn child’s father at the time of the birth, either:

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 Posted on April 08, 2016 in Divorce

Most divorces require a division of assets and perhaps a determination of parental responsibility, if the couple has any children. However, another increasingly contentious issue is how to decide who will retain ownership of any shared pets. A recently published opinion from an Illinois Appellate Court helps resolve the issue of what role Courts have in post-divorce pet visitation decision making.

The Trial

In August 2012, Kimberly Enders filed a petition to dissolve her marriage to Michael Baker, which was followed, a few months later, by Mr. Baker’s motion seeking visitation of the couple’s two dogs. Mr. Baker argued that when the couple separated they agreed that the two would share joint custody of the dogs, although Ms. Enders had refused to hold up her end of the agreement. The Trial Court granted Mr. Baker temporary visitation rights on alternate weekends. In July 2014, the Trial Court awarded sole “custody” of the dogs to Ms. Enders and denied Mr. Baker any right to visitation.

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 Posted on March 23, 2016 in Adoption

Technological advances over the last decade have made conceiving a biological child possible for many individuals, despite being unable to reproduce naturally. Couples can utilize the process of gestational surrogacy, in which a woman agrees to carry and give birth to a child created through in-vitro fertilization. After the birth of the child, the surrogate gives up all parental rights.

Gestational Surrogacy Act

In order to be a gestational surrogate in Illinois, a woman must:

• Be at least 21 years old;
• Have given birth to at least one child;
• Submit to a medical evaluation;
• Complete a mental health evaluation;
• Consult with an attorney regarding the surrogacy contract; and
• Obtain a health insurance policy that covers major medical treatments throughout the pregnancy and for two months afterward.

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 Posted on March 16, 2016 in Child Custody

​After disturbing reports hit the media discussing the abuse and neglect of numerous children who had been taken out of their parents’ custody and placed in the Illinois Department of Children and Family Services (DCFS), the state legislature quickly devised a series of new laws meant to improve the monitoring of child care facilities across the state.

Senate Bill 13 revised the duties and membership requirements of the Family Service’s Advisory Council, a group previously put in place to oversee DCFS licensed child care facilities, in efforts to increase accountability and prevent incidences of abuse from going unreported.

Advisory Council Membership

The new law changed the number of members who sit on the Children and Family Services Advisory Council from 17 to 21, all of whom are to serve four-year terms. Furthermore, all members must now be appointed by the governor rather than by the council itself. While the council largely acts independently, DCFS can still participate in its business by sending individuals with specialized expertise to assist with specific tasks. Additionally, the council is required to include among its members at least one youth from each of DCFS’s regional youth advisory boards. Finally, at least two adults who are former wards of the state must be admitted to the board.

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