Tag: visitation

The importance of legally establishing paternity for unmarried fathers

The importance of legally establishing paternity for unmarried fathers

In the State of Illinois, if a couple is married and the wife has a child, it is automatically presumed that the husband is the father. No further legal recourse is needed in order for him to be acknowledged as the legal father. However, in the event that the couple is unmarried, the father is not given the presumption that his in fact the father. He must formally establish paternity.

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Protecting the Parent-Child Relationship During Divorce: How to Guard Against Parental Alienation

Protecting the Parent-Child Relationship During Divorce: How to Guard Against Parental Alienation

During divorce proceedings, children are often placed in confusing situations, causing them to feel some type of preference for one parent over the other. Many times the mere observation of parental conflict is enough to cause a child to have feelings of resentment towards one parent on his or her own, but many times one parent is the cause of these feelings, contributing to what is known by child psychologists as Parental Alienation Syndrome.

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Illinois’ new ‘Right of first refusal’ law

Illinois’ new ‘Right of first refusal’ law

It is not uncommon in a divorce for one parent to be named the custodial and the other non-custodial.

The custodial parent generally has the physical or legal custody of their children. Meaning their children live with them day-to-day, and the non-custodial parent receives visits or overnight stays.

A new provision under the Illinois Marriage and Dissolution of Marriage Act requires the custodial parent to give their ex-spouse the right to watch their children, instead of hiring a third party childcare provider, in the event they will be away from home for a long period of time.

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Child custody and support: What fathers should know

Child custody and support: What fathers should know

When a husband and wife split it is taxing on both parties and even children.

Fathers should always know their rights when it comes to child custody in a divorce. It can get easy to get caught up in the stress of splitting up assets and deciding what to do with the house and other aspects of a divorce.

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Does cheating affect custody or maintenance in a divorce?

Does cheating affect custody or maintenance in a divorce?

Infidelity is a common cause for divorce in the country. Illinois is one of only a few states that allows a party to claim adultery as a grounds for a divorce.

However, in divorce proceedings an affair will rarely extend beyond calling for the end of a marriage, and when it comes to deciding child custody, maintenance and other factors, infidelity carries little weight in the courtroom.

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Do Rapists have Parental Rights?

Do Rapists have Parental Rights?

Recent Illinois legislation, becoming effective January 1, 2014, will make Illinois’s law one of the most thorough laws in protecting the victims of rape. The issue of what parental rights rapists’ maintain became a national topic after Ariel Castro repeatedly requested visitation rights with the daughter he conceived with one of the three women he kidnapped and held captive for more than a decade.

In many states, there are few protections for women who conceive through rape. In some states, rapist fathers can prevent rape victims from placing the rape-conceived child up for adoption. In other states, the rapist is permitted to request visitation and custody rights. The lack of protection for victims in these states forces women to continually relive their attack by rapists who assert their parental rights.

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Right of First Refusal – Big Win for Non-Custodial Parents

Right of First Refusal – Big Win for Non-Custodial Parents

Governor Quinn approved the Right of First Refusal bill on August 16. The Right of First Refusal bill will become effective law in Illinois on January 1, 2014. The law will require that when a custodial parent needs someone to watch the children, they must first ask the non-custodial parent to watch the children before asking someone else.

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