Recent Blog Posts
What to do if Your Child's Father Will Not Sign a Voluntary Acknowledgement of Paternity
More and more children are born to unmarried couples. While in the past, this could have been scandalous, today it is a very normal way to begin a family. However, there are some steps unmarried parents may need to take to establish that the child’s birth father is their legal father as well. In most cases, unmarried parents have the simple option of filling out a Voluntary Acknowledgement of Paternity at the hospital when the child is born. This document allows the father to be listed on the birth certificate along with the mother. However, VAP’s are just that - voluntarily. No one can be compelled to sign a VAP, even if it is very clear who the father is. In some cases, if a father refuses to sign a VAP, the mother must go to court in order to have that man established as the father of her child. Establishing paternity is an important step that must be taken before the mother can begin pursuing child support or enforcing her child’s other rights. It is best to be represented by an attorney if you must go to court to establish your child’s paternity.
Will My Criminal Conviction Affect My Child Custody Case?
If you are a parent involved in a child custody dispute, you may have worries over whether your criminal conviction could have an impact on the results of your custody case. It is reasonable to fear that if you have a conviction, the judge may see you as less of a fit parent. However, for the vast majority of parents with a criminal record, this is not necessarily true. The court will consider the nature of your criminal conviction in determining whether it should have any bearing on your child custody case. A great number of people with a history of criminal convictions are excellent parents, and Illinois family law courts are well aware of this. However, certain convictions relating to violence as well as sex crimes can have an impact on what type of custody arrangement the court will believe is best for the child. It is best to consult an attorney if you have a criminal conviction that may affect how the court views your abilities as a parent
How Police Errors Can Lead to False Arrests
Whenever a crime is committed, it is the police who are entrusted with arresting the perpetrator of that crime in order to ensure the community is protected. However, there are far too many investigations where errors are made and the wrong individual is accused. The repercussions of these police errors can be profound, leading to the erosion of an individual’s rights, misidentification of suspects, compromised evidence, and ultimately, a tainted criminal case.
Misidentification and False Accusations
One of the most consequential mistakes made by the police is misidentifying a suspect. Eyewitness misidentification is a well-documented issue, where witnesses may inaccurately identify a person due to flawed memory or suggestive police procedures. These errors can lead to innocent people being wrongfully accused, arrested, and charged with crimes they did not commit. In many of these cases, especially for those defendants who do not have a seasoned criminal lawyer defending them, they are found guilty.
What is the Difference Between Adultery and Infidelity in Illinois?
Adultery generally refers to sexual relations with a person other than one’s spouse. Infidelity encompasses a broader range of unfaithful behaviors, including emotional and physical affairs outside a marriage. The state of Illinois has their own laws regarding the distinction between adultery and infidelity. It is well known that a betrayal of this nature often leads to divorce in the state of Illinois and across the country.
Adultery in Illinois Law
In Illinois, adultery is defined as having sexual relations with someone who is not your spouse in an “open and notorious” way. Adultery is considered a Class A misdemeanor in Illinois. It can result in a fine of up to $2,500 and up to a year in jail. However, criminal charges for adultery are rarely pursued, as the laws are considered outdated compared to modern views.
Infidelity in Illinois Divorce Cases
Can I Pursue an Uncontested Divorce if My Spouse Was Abusive?
Uncontested divorce offers a number of benefits over traditional, litigated divorce. Filing an uncontested divorce can function as a sort of shortcut. It often takes much less time than a contested divorce. Waiting for court dates and compiling evidence can be time-consuming and may delay your divorce for a long period of time. You would also most likely need to face your spouse in court and answer their attorney’s questions. This process can be stressful, and keep you feeling trapped in a marriage you no longer want to be in. Guarding your mental health while you are in the process of escaping an abusive marriage is very important. Contrary to popular belief, you may be able to file an uncontested divorce without ever coming face-to-face with your abusive spouse.
In many cases, an experienced divorce attorney can help spouses resolve the issues in their divorce case without bringing the spouses together. There are options for negotiating a divorce settlement that do not involve spending time around the mediation table with your spouse. Our lawyers can help you explore your options.
What is Included in an Illinois Parenting Plan?
Divorced parents and unmarried parents who split up may use a parenting plan or parenting agreement to describe each parents' rights and responsibilities. The instructions contained in a parenting plan specifically outline the terms of the agreement between two parents. These instructions become a legally-binding agreement that both parents must abide by, and any violation of the parenting plan may result in legal consequences.
Allocation of Parental Responsibilities
In an Illinois parenting plan, the parents will describe how major decisions about the child will be handled. Will one parent make all of the decisions about the child's upbringing or will the parents share decision-making responsibilities? Illinois law specifically asks parents to describe how decisions about the following key issues will be handled:
How Does the Fruit of the Poisonous Tree Doctrine Work?
Police can violate your Fourth Amendment rights in an Illinois criminal case when they conduct an illegal search or seizure. The remedy for violating these Constitutional rights is that some evidence may be suppressed and is not able to be used in your case. A court will throw out evidence that is considered the “fruit of the poisonous tree.” A Will County criminal defense attorney can review your case and determine whether to challenge any of the evidence at trial
Courts Will Apply an Exclusionary Rule
If a court determines that a search or seizure was illegal, they will not necessarily dismiss the case against you entirely. Instead, the prosecutor would need to proceed without using the illegally acquired evidence. Functionally, it could mean that the prosecutor would need to dismiss their case because they cannot prove it. For example, if drug charges against you depend on drugs that were seized in an illegal search, the prosecutor may not have any other evidence to use.
Does the Federal Law Affect Juvenile Institutions?
While juvenile cases are typically a matter of Illinois law, there are times when the federal government may get involved in the juvenile justice system. The Department of Justice (DOJ) may investigate conditions at juvenile institutions and take action when necessary. Overall, the Special Litigation Section of the DOJ is responsible for protecting the rights of juveniles who are confined in detention. You can always report matters when you are concerned about the conditions a juvenile is experiencing. If you already have a juvenile defense attorney, they will know where to make a report.
Civil Rights of Institutionalized Persons Act (CRIPA)
DOJ has jurisdiction to review and investigate conditions within juvenile justice institutions under CRIPA. DOJ does not have the authority to act in response to an individual claim. The agency stresses that they do not have the ability to review cases of wrongful detention of an individual juvenile or the conditions that one person is facing. However, DOJ will determine whether there are systemic issues at a particular institution. If these issues exist, DOJ will send a letter to the state or local government, directing them to take certain steps as corrective action. DOJ and the local government would need to reach an agreement on how the local government will fix these issues. If there is no agreement, DOJ can file a lawsuit against the local government in federal court.
Does Child Support End When the Child Turns 18?
Child support typically ends when the child becomes an adult. However, there are many different situations in which child support payments are extended past a child’s 18th birthday. For example, a parent may be asked to continue providing support during a child's college education. Child support may also be extended because a child is disabled.
Child Support When a Child Turns 18 Before Graduating High School
The most common reason that child support is extended beyond a child's 18th birthday is that the child has not graduated high school yet. The law recognizes that high schoolers still need support and that many high schoolers turn 18 before graduating. Child support continues until the child graduates from high school or turns 19 years old, whichever happens first.
Financial Support for Disabled Children
Once a child is an adult, he or she is expected to be financially self-sufficient. However, children with significant disabilities may not be able to reach this level of financial independence, even once they are an adult. Consequently, child support may be extended beyond a child's 18th or 19th birthday if the child is disabled. Qualifying disabilities may be physical disabilities, intellectual disabilities, or serious mental health problems.
Understanding Your Miranda Rights as a Criminal Suspect
You do not have to have been arrested to know about the Miranda warning. Anybody who has watched a police television show enough times can probably recite it verbatim. However, many people do not fully understand what this warning means. Their Miranda rights are essential rights afforded to individuals who are arrested. If you or a loved one have been arrested for a crime, make sure you understand how these rights can affect the criminal case.
Right to Remain Silent
Anybody who is suspected of a crime has the right to remain silent. This right stems from our constitutional right to avoid incriminating ourselves. One of the best things that a criminal defendant can do if he or she is arrested is say nothing. Police officers will ask questions about the defendant’s whereabouts on a certain day, the circumstances of the alleged offense, or the defendant’s personal life. However, the best thing to do is to avoid answering any questions, regardless of how innocent they may seem.
Fill out the form below to schedule a consultation.
The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.
I have read and understand the Disclaimer and Privacy Policy.
From our office in Joliet, Illinois we serve the communities of Plainfield, Lockport, Crest Hill, New Lenox, Mokena, Romeoville, Homer Glen, Bolingbrook, Naperville, Aurora and Will County.
Results listed are not a guarantee or indication of future case results.
58 North Chicago Street, Suite 404, Joliet, IL 60432815-885-5980
