Call to Remove Juveniles from Sex Offender Registries

 Posted on April 02, 2014 in Child Custody

Many people can undoubtedly relate to a situation in which they have made a poor decision as a juvenile. Though the activities associated with poor judgment as adolescents may vary in degree and seriousness, most individuals involved in such a situation usually see the error of their ways, learn, and move on. Others are not as lucky. In fact, some of those juveniles seem to deal with the consequences of a bad decision for the rest of their lives. One such situation involves juveniles who are required to register as sex offenders.

The Troubling Statistics

A study recently released by the Illinois Juvenile Justice Commission states that the requirement for juveniles to register as sex offenders interferes with the juvenile’s efforts at rehabilitation and punishes them for a crime that the majority never commit again. The Commission is recommending banning the practice of adding juveniles’ names to sex offender registries who are under the age of 17. Currently, all juveniles convicted of sex crimes are required to register, and 70 percent of them must do so for life.

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Routines Support Children’s Social and Emotional Health

 Posted on March 31, 2014 in Divorce

Often in divorce or child custody cases, the primary concern is, or should be, the well being of any children that are involved in the case. In fact, the standard the court uses to make decisions regarding custody and support is always what is in the best interests of the child. Now, a recent article suggests that establishing routines for children to follow is found to boost their social and emotional health, which would be in their best interests, and may help when adjusting to new lifestyle changes, such as divorced parents and split schedules.

Routines that Focus on Consistency

The article features a number of parents who testify to the fact that routines and providing children with constants in their lives helped them adjust to change while also teaching them to be flexible. The idea is not so much focused on sticking to a tight schedule, but rather valuing consistency that give kids a sense of security and belonging by providing them with structure and a stable environment. Research shows that this leads to kids feeling more competent and confident.

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Changing Your Estate Planning Documents after Divorce

 Posted on March 28, 2014 in Estate Planning

Ending your marriage also changes many other aspects of life. Not only does one’s social life change, but divorce can cause a number of legal effects on your life as well. After divorce, one key issue to consider is changing your estate planning documents to reflect your new status your new estate planning wishes. Following is a good framework for this estate planning issue, and what can be done to make sure that your wishes are carried out after a divorce.

Automatic Changes

While you will need to make some specific changes to your documents after divorce, some changes are automatic. For example, Illinois law provides that once you are divorced (have a final decree of divorce), any provisions in your will providing for an ex-spouse will be revoked automatically. This addresses one possible outcome, but does not serve to protect the testator from the other implications that can arise if a will is left unchanged after a divorce.

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FAQs on Guardianship in Illinois

 Posted on March 26, 2014 in Guardianship

Whether the concern is focused on a minor child, an elderly deteriorating relative, or an individual who is disabled, the law of guardianship may be relevant to the situation and can operate to step in and address some concerns while making a difficult situation more manageable. Many may be unaware that such a legal proceeding exists, and those who are aware may still have many questions about the process. Below, you can find some common and general questions about guardianship and some helpful answers to the same.

When is guardianship needed?

Guardianship is necessary when a person is not able to make or communicate responsible decisions about their personal care or finances. This inability is often attributed to a mental, physical, or developmental disability. The fact that a person may be elderly, mentally ill, or disabled does not necessarily mean they need a guardian. It must be shown that the person is also unable to make proper decisions for themselves. The extent of a guardian’s authority regarding making decisions for an incapacitated person is determined by the court after a thorough evaluation and report.

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Can You Prevent Your Spouse from Cheating?

 Posted on March 24, 2014 in Divorce

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Proposed Shift in Custody Law to Shared Parenting

 Posted on March 22, 2014 in Divorce

The end of a marriage is an emotionally tumultuous time. This is especially true when children are involved. The prospect of fighting an ex-spouse in court over the legal and physical custody of shared children is overwhelming for most individuals. It usually represents a dramatic life change, affecting parents and children equally. While a court decision regarding child custody may solidify one parent’s relationship with their child, it could irreversibly damage the other’s. A recent article discussed the damage that this system could have on a family, and why courts should favor a shared parenting approach.

The Reality for Non-Custodial Parents Child custody and visitation schedules often result in one parent missing out on a significant portion of their child’s life. This affects not only the parent, but that entire side of the child’s family. Many times, a non-custodial parent is relegated to just a few hours per week and every other weekend to spend with their child. This is sometimes true even in cases where the non-custodial parent has provided care and been involved in the child’s life from the beginning. This schedule allows for very little quality time, and does not allow for the non-custodial parent’s meaningful contribution to their child’s life, which can prove damaging to both the parent and the child and negatively impact the child’s future relationships. Illinois’ Shared Parenting Bill Illinois House Bill 5425 is a proposal aimed at avoiding the damaging effects of a skewed custody arrangement. Under the bill, parents would have 90 days to reach an agreement regarding shared parenting. If they cannot do so, but are deemed to both be good and fit parents, the bill would guarantee the non-custodial parent be awarded at least 35 percent, and as much as 50 percent, of parenting time per week. The purpose of the bill is to promote equal bonding time between the children and both parents. The exact amount of time awarded depends on the best interest of the child or children involved. Although the bill has not yet been passed, it has gotten strong bipartisan support. Opponents of Shared Parenting While the bill may seem like a good idea, not everyone is behind it. Some say that divorce is a complicated issue and each situation must be determined on a case by case basis. While many child custody cases may support a more even split among parents regarding custodial time, not every case would benefit from the same. Opponents say it is best to leave the matter of ordering custody up to the discretion of the judge, who is in the best position to view the evidence presented and make an appropriate determination. Child Custody Attorney It is imperative to consult with an attorney experienced with child custody and support matters if you are a parent fighting for your children. At Davi Law Group, LLC, our attorneys have had successful results in representing clients in such matters. Please contact us for a consultation. We serve clients in Chicago, Wheaton, and Warrenville.

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Overnight Guests Not a Good Idea for Newly Divorced Parents

 Posted on March 19, 2014 in Divorce

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Prenuptial Agreements: A Taboo Topic

 Posted on March 18, 2014 in Prenuptial and Postnuptial Agreements

Often times, when two people in love are engaged and planning a wedding, planning for a possible divorce is the last thing on their minds. Even if the possibility of a future divorce has crossed their minds, they will likely avoid taking the step of suggesting a prenuptial agreement as doing so may result in not only hurt feelings, but potentially a broken engagement.

 Many people simply do not want to consider the possibility of a divorce down the road when they should be focused on planning for a lifetime together. However, those in the legal field or people who have gone through a divorce may try to convince them otherwise.  Why Agree to a Prenup? Essentially, a prenup is a contract by which two parties set out the terms of a possible divorce before getting married. And, as a recent article states, doing so makes a future divorce much simpler by clarifying the terms in advance. Prenups can clearly set out property division between the parties to a divorce, the length of spousal support and maintenance, and support for any children that may have been born outside of the marriage. Likewise, if any children born prior to the marriage are named as beneficiaries of retirement accounts, a spouse can later challenge the designation unless they agree in a prenup to sign a waiver after the marriage. Prenups may also be considered as a back-up to a will, or as evidence of your intentions in the event that your will is challenged. If your prenup represents an agreement of terms to which your spouse has consented in advance, it makes the success of any future challenge to your will less likely.  Prime Customers Often, it is not young couples marrying for the first time who are concerned with securing a prenup. Rather, it is typically older couples who may have already gone through a divorce and are remarrying who make sure they have a prenuptial agreement this time around. Not only have many older people experienced the complications of divorce first-hand and lived through the emotional and financial burdens associated with the process, but later in life people usually have more to protect. There are situations in which one party has amassed great wealth over their adult years and the other is not as financially stable. A prenup is essentially for guaranteeing that those assets will be protected in the event of a divorce. Prenuptial agreements can also protect one partner from the debt of the other, or they can protect children from a previous marriage.  Preparing a Prenup There are important requirements for preparing a prenuptial agreement that must be followed in order to avoid the agreement later being challenged by one of the parties in court. The following are some notable requirements that must be followed for a valid prenup:

• Full disclosure of assets and debts possessed at the time of the agreement;

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Estate Planning: Making Your Wishes Known

 Posted on March 14, 2014 in Estate Planning

Wills and other estate planning documents can provide for the distribution of assets and the assignment of personal property to loved ones after death. Beyond that, these documents can be as personal and specific as the testator wishes. Many people may not realize the extent of the terms they can include in their will. Often times, as demonstrated by a recent article regarding a celebrity’s will, the thoughts and feelings expressed in a will are particularly trustworthy, as the testator knows they need not be concerned with repercussions at the time their wishes are made known.

Phillip Seymour Hoffman’s Feelings about Hollywood in His Will

The recent death of actor Phillip Seymour Hoffman has been present in the news since he died of an apparent drug overdose in the beginning of February of 2014. Stories covered a number of topics, ranging from his starring roles to the overarching problem of heroin addiction in the United States. Now, a media outlet is releasing a portion of his will relating to the rearing of his children.

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What if My Spouse Refuses to Leave the Marital Home?

 Posted on March 12, 2014 in Family Law

Usually, when a couple decides to divorce, one of them leaves the marital home they previously shared. However, there are times when one spouse will refuse to leave the home despite the other’s demands. In that case, the spouse requesting that the other party leave may be forced to employ Illinois law in order to have their wishes granted.

 Illinois Law

Under certain circumstances, one spouse can force another to leave the marital home. Whether one spouse can force the other out of the marital home will depend on the specific facts of the situation, and if they can prove the necessary elements before the court. Under Illinois law, one spouse can secure exclusive possession of the marital home in two different ways.

 Illinois Marriage and Dissolution of Marriage Act

One way to secure possession of the marital home is to file a petition for exclusive possession under the Illinois Marriage and Dissolution of Marriage Act. The Court may grant the petition and temporarily evict one spouse from the marital home while divorce proceedings are pending, only if the petitioning spouse sufficiently demonstrates that their own physical or mental well-being or the well-being of the children is at risk, or “jeopardized” if the spouse in question stays in the home.

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