Judges, as human beings, are susceptible to biases when it comes to child custody disputes, even if the concept that children are always better off with their mother has been disproved in many cases. Many courts may still operate under this stereotype, which makes it harder for a father to gain custody of his children. This is why making sure to not fall victim to common custody battle pitfalls is especially important. According to The Huffington Post, a father’s best chances to coming out on top in a custody dispute are in avoiding these five common mistakes:
- Yelling at your wife. Societal presumptions place the man in a position of power over the woman, although this is not necessarily the case. Because of this presumption, however, women can use fear of their husbands as ammunition in court, whether it is true or not. Therefore, it is important for any father to be as civil and mild mannered toward his wife as possible. Heated arguments may make you want to yell, but fight the impulse.
- Moving in with a new significant other. Since divorce is already a difficult time for children, a court may look down on a father exposing his children to a significant other before the divorce is even final.
- “Bad-mouthing” your wife to family and friends. Criticizing your wife to others may be merely a way for you to vent your feelings, but, as these criticisms will likely get back to your wife, the court may view such behavior as an attempt at parental alienation. Any disparaging comments about your wife may be considered a ploy to get your kids to turn on her.
- Denying children telephone contact with their mother when they are with you. Always let your children call their mother when they ask and always be polite when their mother calls to check on them.
- Taking the children on vacation, without telling their mother. Both parents have a right to know where their children are at all times. If you plan to take them on a trip out of your usual area, make sure their mother knows and approves. Leaving without letting her know may look like you are kidnapping the children.
The minute you decide to divorce, everything you have done and everything you will do during the divorce process can affect the court’s child custody decision. If you are planning on getting a divorce in Illinois and are concerned about the potential child custody arrangement, the knowledgeable Chicago child custody lawyers at Nottage and Ward can help. Call us today at (312) 332-2915 for a consultation.
In our previous blog post, we presented a few holiday survival tips for divorcees that face spending the holidays alone; however, there are many divorced couples who have a child or children that they would like to spend the holidays with.
As experienced child custody attorneys in Illinois, we believe the goal of both parents should be what is in the best interests of their child or children when it comes to the holidays. The winter holidays are a very exciting time for children and any new tradition or arrangement should be made with that in mind. There are various ways in which a divorced couple may arrange spending the holidays with their children while still giving them the holiday excitement they look forward to all year. Here are a couple of suggestions on how to achieve happy holidays for your children and yourselves:
- Create new traditions – It is okay to change traditions. Give each parent a day when they will celebrate with their children. For Christmas, children may celebrate on Christmas Eve with Mom and then celebrate Christmas Day with Dad. If you and your spouse still maintain a friendship, it may be worth trying to celebrate together in some way.
- Fill the void – If you and your ex decide to alternate holidays versus designating separate days for every holiday, it is easy to feel depressed or lonely on the holidays that you do not see your child or children. In those situations, make sure you can celebrate with close friends and/or family.
Divorce is very difficult for a child and the winter holidays are an opportunity for both parents to show their children that they still love them and care about their family. To ensure that the holidays do not cause unnecessary disputes, however, it is important to be flexible.
Please return to our blog for the final installment of our holiday survival blog series where we will discuss how a parent can ensure the best holiday for their children and themselves.
During the Illinois divorce process, child custody can become one of the most highly disputed, contentious and emotional issues. In the end, experienced help may be needed to help reach an agreement that suits the needs and wants of both the children involved and the parents. Having a solid custody arrangement will help minimize everyone’s stress and reduce the emotional toll of the divorce. It will also allow each parent an opportunity to provide the best possible care they can give to their child.
Under Illinois law, child custody is broken into two parts: residential custody and legal custody. Residential custody describes which parent the child lives with, subject to parenting time with the non-custodial parent. While one parent may be the residential parent, both parents are usually given parenting time with the child.
Legal custody describes which parent has the right to make important decisions relating to the child, such as decisions regarding their education, health, and religion. For example, a parent with legal custody will decide where the child goes to school, where and how they will receive medical treatment, and more. Sole custody allows just one parent to make these important decisions for a child, while joint custody permits both parents to make them.
There is not one physical or legal child custody arrangement that is the right solution for every family. Each child custody agreement must be tailored specifically to both your needs as well as your child’s needs. At Nottage and Ward, our Chicago child custody lawyers can help you devise a plan to help guarantee that the best interests of your child are accurately presented when child custody is being determined. To learn more about your legal options, as well as to find out more about child custody in Illinois, please call our law offices at 312-332-2915.
According to ConnectTriStates.com, House Bill 1604, also known as the Steven Watkins bill, was recently passed by the Illinois House by a vote of 78-36 and now goes before the Senate. If passed, the bill would increase the penalties a custodial parent would face if they willfully violated visitation rulings ordered by the court that relate to non-custodial parents. Parents in Illinois who do not comply with visitation orders would have their driver’s license suspended for six months, face fines of up to $500 per day, and face possible jail time.
The bill stems from the murder of Steven Watkins, a non-custodial father in Illinois, who was shot to death in 2008 by his ex-wife’s grandmother when he came to pick up his daughter for his court-ordered visitation. The woman was convicted of first-degree murder and sentenced to 55 years in prison. Now, the parents of Watkins want to see their granddaughter, but her mother has taken her to Florida and ignored several court orders to return to Illinois.
Opponents of the bill have stated that they question whether the bill is constitutional, and also claim the bill may be harmful, citing instances where domestic abusers would have easier access to their children, if the bill passes. Supporters of the bill say opponents have made comments that were based on unfounded speculation and note that the Supreme Court of Illinois maintains parents and grandparents are entitled to visitation.
At Nottage and Ward, our Chicago child custody and visitation issues lawyers have the experience and skills you need to protect your legal rights as well as those of your children during a custody dispute in Illinois. We understand the laws surrounding child custody and visitation and can help you understand the advantages and disadvantages of the options available to you. To learn how our attorneys can help you determine what best suits your needs, call 312-332-2915.
KTLA reports that infamous actor Charlie Sheen and his estranged third wife Brooke Mueller appeared in a Los Angeles courtroom on Tuesday morning, April 19, 2011, for a custody battle regarding Max and Bob, their 2-year-old twin boys.
The couple filed for divorce in November 2010, but the divorce is not expected to be finalized until May of this year. A custody agreement was reached before the divorce filing in which Mueller was awarded primary physical custody of the boys. However, the couple recently has argued over child visitation arrangements. In March, Mueller was granted a temporary restraining order after she alleged Sheen had threatened to kill her, resulting in a court order that removed the children from Sheen’s home.
It was expected that Sheen would request to have full custody, arguing that Mueller had suffered a drug relapse and thus not fit to care for their children. Mueller reportedly checked into a drug rehabilitation center recently and it is believed that her mother is caring for the boys. On Friday, April 15, it was reported that Mueller refused a drug test, despite the fact it was required under the terms of her child custody agreement with Sheen.
The custody battle took place in private, despite Sheen’s request that reporters be allowed a presence at the proceedings. Mueller had requested privacy, stating that publicity would not be in the best interests of their children. The results of the proceedings were sealed by the judge, and neither Sheen nor Mueller commented on the outcome when leaving the courtroom.
If you are facing or believe you will face a child custody battle in Illinois, contact the Chicago child custody attorneys at Nottage and Ward. We will do whatever it takes to resolve child custody issues, through negotiation or litigation. Our lawyers have over 20 years of experience in family law, and we can help you create a custody or visitation arrangement that fits your family’s needs. Call 312-332-2915 to learn more about your child custody options.
WAAY-TV in Alabama reports that the state is considering major changes to their laws regarding child custody. Legislators are currently working on a bill that would automatically grant both parents equal custody of their children during a divorce. Cases that involve abuse or neglect would be excepted from the equal custody provisions.
According to the article, there is a strong bias of awarding mothers custody in Alabama divorce cases, with mothers awarded primary custody about 85 percent of the time. Sponsors of Senate Bill 196 intend to do eliminate this bias and give both parents an equal share of parenting, but others feel the proposed legislation is not practical and may harm the children involved.
If passed, the bill may not be easy to implement into Alabama courtrooms, mainly due to practical concerns. It is no secret that, in most families, the reality is that one parent has been the primary caretaker of a child and it can make the divorce process less disruptive if the status quo is maintained for the children and the court is allowed to focus on other issues, such as property division rather than child custody issues. Critics have also argued that constantly exchanging a child between parents whose divorce is particularly contentious may cause a child to develop deep psychological issues. Many experts believe that it is better to resolve child custody issues on a case by case basis. Additionally, there is concern that, if the bill is passed, Alabama courts will be flooded with divorced couples hoping to change their current custody orders.
The Chicago child custody issue lawyers at Nottage and Ward have the experience you need if you are facing a custody dispute in Illinois. We can help you devise a custody arrangement that fits your needs, as well as the needs and best interests of your child. To learn more about your child custody options, call 312-332-2915.
According to The Dayton Daily News, a contentious child custody case in Ohio resumed earlier this month and many legal experts believe it may go all the way to the U.S. Supreme Court. The custody hearing of the “Baby Vanessa” case occurred for two days in July 2010 and has been rescheduled twice; first for negotiations, and then to accommodate the schedules of the many lawyers who work on the case.
The case is very complex. It is between a woman from California, who is the baby’s prospective adoptive mother, and the baby’s biological father. According to the prosecutor who represents the best interests of the child in the hearing, he believes the child should stay with the woman. When asked for the reasons supporting his opinion, he stated it will be explained in court proceedings.
WDTN.com reports that the two-year-old girl has been living with the woman in California since she was born. The baby’s birth mother personally chose the woman to care for her daughter and says that, at the time of the placement, she did not know the identity of the girl’s biological father. The woman began adoption proceedings shortly after the baby’s birth, in June, 2008, but was stopped by the biological father’s petition for custody.
Legal experts have stated they believe the case has a strong possibility to go before the U.S. Supreme Court, because it is a case that puts the rights of children against the rights of birth parents. The case has also garnered national attention since two States are intensely entrenched in it.
The Illinois child custody lawyers at Nottage and Ward have the skills and experience you need to protect your rights and your child during a custody dispute in Illinois. We can answer any questions you have about the child custody options available to you and can help you decide which is best for your specific situation. To find out whether our attorneys can meet your needs, call 312-332-2915 today.
According to ArmyTimes, legislation has been proposed that would prohibit active military service members from losing custody of their children simply because of deployment. U.S. Defense Secretary Robert Gates supports the legislation, which reverses the Department’s position regarding the issue.
Previously, the stance of the Defense Department was to oppose federal legislation on the topic. However, Gates has now stated he supports legislation that provides service members federal protection in instances where it is determined that the sole factor in a child custody decision was military service.
A recent study conducted by the Defense Department did not find any instances of a service member losing child custody solely due to their military service. However, in recent years, anecdotal reports suggest that many troops believe child custody decisions are made against them largely because of the demands of their service, particularly during wartime when they are frequently deployed for extended periods of time.
Officials with the Defense Department have been working with the States to deal with the unique facets of military service to guarantee that a parent’s absence because of their military service should never be the reason for losing child custody or visitation rights.
The Illinois child custody attorneys at Nottage and Ward are well-versed in state laws regarding child custody and visitation issues. We can explain your child custody rights concerning your specific situation, such as when your spouse is an active member of the military. To find out how we can help, call 312-332-2915 today.
