More and more divorcees find themselves moving across state lines. Often times they want to move to make a fresh start, and many need to find new jobs to support themselves, which can send to locations across the country. With children in the picture though, the situation becomes more complicated, with the relocation implicating issues of child custody and the other parent's visitation rights. Courts often hope for children to have a relationship with both of their parents, regardless of who has custody, so Illinois law requires a judge to approve moves across state lines.

 The Factors Involved Courts understand that sometimes parents need to move, and that those moves can be in the child's best interest. Consequently, courts devised a set of factors to which they look in order to decide whether to approve a relocation. The court will examine the child's needs, where the child's needs can best be met, whether the child's situation can be improved by the move, and whether there is an important reason motivating the move. While each person's situation is unique, some important reasons for which the court may approve a move include a danger to the child, a severe medical issue that requires relocation for treatment, or a new job for the custodial parent. The law also specifically mentions the concept of electronic communication, methods like Skype or other teleconference software that would allow face to face meetings at a distance. While Illinois does recognize the benefit of virtual visitation in general, and permits courts to use it to supplement in person visitation in some circumstances, the law specifically forbids courts from considering it as a factor in favor of allowing out of state relocations.  Moving within the State Unlike moving out of state, the law does not regulate moving within Illinois. But, there may still be restrictions on those moves as well. Some custody agreements limit the distance that a former spouse can move a child. That restriction is binding and courts will enforce it. Additionally, courts will review the other parent's visitation schedule prior to the move and they may adjust a it if they believe the move will seriously affect it. If you or your ex-spouse is planning on relocating with your children, contact a DuPage County child custody lawyer today. They can help advise you on what rights you have in your unique situation.

Parents can sometimes be dismayed to discover that securing a child support obligation in court does not end the battle. In some cases, collecting the support that the other parent owes can present a difficult problem. Fortunately, Illinois law provides a wide degree of options to help enforce support obligations. These options vary in severity from a simple civil lawsuit or contempt petition, to criminal penalties for more egregious cases of delinquency.

 Civil Remedies The law gives a parent receiving child support the option to bring a suit against the supporting parent for failing to pay child support obligations. If the suit succeeds then the judgment will accrue interest against the the supporting parent. The judgment may also provide other collection options like wage garnishments in order to ensure payment. Parents may also file a contempt petition. This petition asks the judge to hold the delinquent spouse in contempt of court, which comes with increased civil penalties. Parents held in contempt of court could find themselves subject to a fine and possibly even imprisonment for up to six months or until they pay off their support obligations. Custodial parents should also keep in mind that the law does not allow them to use visitation rights as a method of enforcing child support obligations. That means that regardless of whether the supporting parent fails to pay child support, they still have the right to visit the child, and courts will enforce that right. Criminal Penalties In some circumstances, civil suits and contempt of court will not be enough to extract payment. In those cases, if the non-payment is serious enough, the law provides criminal penalties for the non-payment of support obligations. A parent collecting support may choose to initiate one of these cases by petitioning an Illinois State's Attorney, who will then handle the case's prosecution. A supporting parent's actions become eligible for criminal penalties once they fall more than six months behind on their child support, or if their support debt exceeds $5,000. A first offense would qualify as a Class A misdemeanor and repeated offenses become felonies. The law also provides for certain aggravating factors that can move a first offense to a felony level, such as leaving the state in order to avoid a debt of $10,000 or more, or having more that $20,000 of child support debt outstanding. If you are having trouble collecting child support, or face other post-divorce issues, contact a Wheaton divorce attorney today. They can guide you through the complexities of the court process, and help ensure that your rights are protected.

More and more families in the United States are international in composition, with at least one member of the family a non-citizen. It is under these circumstances that the United States Supreme Court will hear Lozano v. Alvarez, a case concerning the Hague Convention on the Civil Aspects of International Child Abduction. The Hague Convention on the Civil Aspects of International Child Abduction is a multilateral treaty that provides means to return a child abducted abroad by a parent from one country to another.

 In this case, Diana Alvarez was in a relationship with Manuel Lozano in London nearly ten years ago after both left Columbia. After having a child, their relationship began to fall apart. Ms. Alvarez claimed that Mr. Lozano was abusive, and eventually left London to live with her sister in New York City. After nearly 16 months, Mr. Lozano filed a petition under the Hague Convention on the Civil Aspects of International Child Abduction for a return of their child to London and a court managed custody determination. The Supreme Court will have to decide whether an exception to the Convention should apply in this case.  While normally a court is obliged to return a child that was abducted after a petition is filed under the Convention, Article 12 excepts-out petitions that have been filed after one year of the child leaving her home country. The defendant must also show evidence that the child is settled in her new environment and returning the child to her home country would not be in her best interests. The court will investigate whether the one-year filing period requirement may be suspended when the parent that left with the child hides their whereabouts. The decision will have an impact on many families in the United States. It is not unheard of for parents of children with non-U.S. citizenship to return to their home country after leaving a spouse.  If you or someone you know is concerned that a child may be abducted and taken to another country, or if you have any other concerns regarding your rights as a parent, contact an Illinois family law attorney today.  The Andrew Cores Family Law Group has provided people in Illinois with representation for nearly 20 years, and we are confident in our ability to answer your questions quickly and effectively today.

If you are your partner agree on some subjects related to the divorce but are torn on child custody, mediation may offer an alternative method that allows for an expeditious solution and civil relations with the other party. Some couples don’t want the added complication and expense of going through litigation, and mediation provides a forum with a neutral third-party mediator focused on helping you reach a resolution.

Illinois Supreme Court rules indicate the importance of child custody proceedings that are child-focused, fair, and expeditious. The Supreme Court has continued to research and expand mediation efforts across the state with regard to child custody.

Mediation is non-adversarial, and the mediator does not take sides. The neutral atmosphere tends to keep parents focused on an end goal together. This can lay the groundwork for a civil communication procedure between parents post-divorce. When parents have had practice interacting appropriately, it makes transitioning the children from one parent to another for visitation and custody much easier and limits the tension that children might experience as they adjust to their new life.

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Single parents often face issues when attempting to manage their busy schedules while meeting the demands of childcare. Until recently, parents with custody of a child could arrange for childcare as they saw fit. But, Illinois law changed on January 1, 2014.

The state legislature modified part of the Illinois Marriage and Dissolution of Marriage Act to give the child's other parent a right of first refusal for childcare in some circumstances. This means that the one parent must check with the other to see if they would like to care for the child before securing other care. However, not every parent receives this right of first refusal. Instead, the law leaves it to the discretion of the courts.

 The Right of First Refusal The legislature added the right of first refusal to the law in order to give courts the ability to allow parents to spend more time with their children. However, the courts must make the decision to award this right of first refusal “consistent with the best interest of the child.” Additionally, not all parents qualify for the right. Instead, the judge can only give a right of first refusal to a parent with joint custody of the child or with visitation rights. If the judge chooses to grant a right of first refusal, then control passes to the child's parents to determine its terms. The law suggests several provisions that the terms of the right should include, such as:

• The length of time the child would be cared for;
• The method of notification for the parent, and their response; and
• Transportation requirements.

But, if the parents cannot agree on how the right should work, or if they come up with a plan that the judge thinks does not benefit the child, then the judge may impose their own terms.  Types of Childcare that Trigger the Right Most types of childcare trigger the right of first refusal. It does not simply apply to hiring a sitter. Any “substitute childcare provider” falls under the ambit of the law. However, the law does carve out a small exception to the right in that the parent caring for the child does not have to offer the other parent the option of taking over if an emergency causes the parent to need childcare on short notice. If you are currently engaged in a custody dispute or divorce contact a DuPage County family law attorney. Their knowledge and experience can ensure that you and your interests are adequately represented in court.