Recent Blog Posts
Child Custody During the Holidays
Holidays can be difficult and stressful for even intact families, so when parents with children separate and divorce, the holidays can become unbearable. The scheduling of holiday time with each parent and their extended families, along with necessary changes in usual holiday celebrations and routines, can create frustration, stress, and disputes between all parties involved, including the children themselves.
A recent news article published by KOSU explored the harsh impact that divorce can have on the time that a parent and child spend together, particularly during the holiday season. One man described in this article, who divorced when his son was only two years old, recounted the realization that he would spend only seven Thanksgivings and eight Christmases with his son before he would become an adult at the age of 18. The physical separation of about 450 miles between the man and his son for several years has resulted in this strict division of holidays between mother and father that seems to inevitably follow many divorces.
Actress Mayim Bialik from “Big Bang Theory” divorcing husband
After nine years of marriage, “The Big Bang” actress Mayin Bialik and her husband are getting divorced, according to her Facebook page. Bialik, who also starred in the 1990s sitcom “Blossom,” and her soon-to-be ex-husband Michael Stone have two sons together.
Bialik, 36, said that divorce is very hard for children and it was not something that her and Stone had decided upon lightly.
Although Bialik authored a book about “attachment parenting,” of which she is also a supporter, but says that it “played no role” in the divorce.
Attachment parenting promotes the nurturing of strong bonds between children and parents; this can include extended breast feeding and sleeping in the same bed until the children are as old as seven.
Also posted on Bialik’s Facebook page was a statement saying that the main priority for her and Stone, now, is to make a smooth and painless transition from one loving home with two parents to two loving homes with one parent in each. “Our sons deserve parents committed to their growth and health and that’s what we are focusing on.”
Court-ordered Parenting Classes Can Now Be Taken Online in Cook County
It is now possible to take court-ordered parenting classes online in Cook County, reports the Chicago Tribune. Cook County Circuit Court started the program on November 13. According to the Illinois law, judges have to in most divorce cases order parents with underage children to take a parenting education course. Before the launch of the program, the parenting course was only offered in a traditional classroom setting. Similar programs are already in use, for example, in DuPage and Kane counties.
The purpose of the program, which is called Children in Between Online, is to address the effects of divorce and separation on children. Thanks to the program, parents will no longer miss work to attend a parenting class. Parenting education is an important way to "help families going through child custody proceedings to achieve positive outcomes,” according to Chief Judge Timothy Evans.
The online program helps parents and children to learn skills that changes the way they interact.
Ending a Violent Relationship Can Be Difficult
It is not always easy to get away from an abusive relationship, according to an article in the Chicago Tribune. Victims of domestic violence must be prepared emotionally and financially before they can break away from a violent relationship, which can be difficult in many ways.
Fear is often a big factor in not getting out of a volatile relationship, experts say. Domestic violence should be viewed differently in our society so that there is no shame for abuse victims. Many times victims are believed to have caused the abuse by doing something where as in truth the blame lies solely on the violent spouse.
Before ending a violent relationship, it is a good idea for victims to develop a backup plan, which can include provisions for housing, child care and employment. The more resources victims have at their disposal, the easier it is to leave and break away. "If a woman has very little money and nowhere to go, moving out can be very difficult and a stumbling block,” according to April Zeoli, assistant professor at Michigan State University's School of Criminal Justice.
Divorce records create issue on campaign trail
Representative Scott DesJarlais, a Republican from Tennessee, was ordered to release his divorce records on the eve of his election. These records were likely to be another set back to his campaign, as they might shed light on his extra-marital affairs with his patients. Allegedly, he wrote prescriptions to his girlfriends, who were also patients, and more recently, there was a supposed attempt of him to persuade one mistress to have an abortion. These records were asked to be released by the Tennessee Democratic Party after The Huffington Post revealed transcript from a phone conversation in 2000 in which DesJarlais had pressured his mistress to get an abortion. He later commented, saying he did not believe that she was pregnant and was just trying to call her bluff.
Following the release, another patient came forward, sharing details of her personal time spent with DesJarlais. A lawyer for the Democrats told the judge that they wanted all documents relating to allegations that the patient made about prescriptions she received from the doctor and any drug use with him.
Divorce Causes Massive Loss of Private Health Insurance Coverage for Women
According to Science Codex, the University of Michigan will publish a new study next month in the Journal of Health and Social Behavior regarding the rate at which women lose private health insurance coverage following divorce. Annually, the study estimates that 115,000 women lose their private health insurance as the direct result of the divorce, and that this loss is not always temporary; the overall rate of women’s health insurance coverage remains lower up to two years following divorce.
While some women are able to resort to public insurance programs for coverage in these situations, about 65,000 women are left completely without any source of health insurance. Typically, it is middle-income women who cannot maintain their former sources of private health insurance, either because they no longer qualify for coverage under their former husbands’ policies, or they can no longer afford the premiums that they previously had been paying after the divorce. For those women who formerly were covered by their husbands’ policies, up to a quarter of these women were still without any insurance coverage six months following their divorces. These women, who often have moderate incomes, don’t make enough to pay for hefty insurance premiums, but make too much to qualify for low-income public health insurance programs.
Wisconsin Sheriff’s Department Offers Innovative Visitation Exchange Point
Illinois residents may be interested to know about an innovative program that law enforcement officials have developed just to their north in one Wisconsin county. All too often, the exchanges of children between divorced or separated parents for visitation purposes can become heated, bitter exchanges, particularly when the parties currently are embroiled in a heated custody battle or other court proceedings. As a result, the local police station is often the suggested meeting place to exchange the children for each parent’s designated visitation time, with the hope that a public place with law enforcement authorities present will both give the parents a sense of security and help calm the situation. Nonetheless, this strategy doesn’t always work to defuse the situation.
In Brown County, Wisconsin, the Sheriff’s Department decided to designate two parking spaces in their parking lot, on either side of a neutral zone, where parents can safely and easily exchange their children at the appropriate times. The children can move from one car to the other without fear of encountering traffic or the roadway, and all visitation exchanges take place under video surveillance by the Sheriff’s Department, a factor which may compel parents to act more reasonably during the exchanges. If this new program proves successful, the Sheriff’s Department hopes to offer an additional visitation exchange spot on the west side of Brown County, as well.
The Difficulty of Getting a Divorce in Two Countries
A divorce can be a difficult process in the United States alone, but divorcing in two countries can turn into a real ordeal, says a recent article in the Chicago Tribune. There are many problems, for example, cultural differences, financial issues and bureaucracy, faced by an American who wants a divorce and is either a dual citizen, lives abroad or is married to a citizen of a foreign country.
Custody issues have become more common in the recent years. There are more conflicts, litigation and parental kidnappings these days because in the past it was almost hopeless for a man to win the custody of his child. Robert Makielski, 52, hopes that times have changed and he will get the custody of his two under aged children living in the Dominican Republic. "I'm basically dealing with a corrupt system in a foreign court," he says. Makielski has spent $50,000 on the case and expects to spend a whole lot more.
If you live abroad, you may not be able to file for a U.S. divorce. It is your place of residence that determines which court has the jurisdiction, not your birth place. The laws can differ greatly between countries. Usually, divorce and dual citizen matters are easier to deal with in the United States and Europe. The divorce will proceed in the country where it is filed, so time is of the essence too.
Important Information about Adoption
Adoption is a complex legal proceeding involving the termination of the legal parental rights of birth parents and the assumption of legal parental responsibilities by the adoptive parents. It is advisable to consult an experienced family law attorney to make sure that your adoption case gets the best possible outcome.
There are several important issues families should know when considering adoption, for example, who can adopt and who selects adoptive parents. In Illinois, any person, male or female, who is not under legal disability, is of legal age and a reputable person can adopt a child, according to the Illinois Adoption Act. Adoptive parent(s) must have resided in Illinois without interruption for at least 6 months. The residency requirement does not apply to adoptions involving relatives. In independent or relative adoptions, the birth parents choose the adoptive parents.
Child Custody in Illinois: What You Need to Know
The Uniform Child-Custody Jurisdiction and Enforcement Act is a uniform State law that was passed in 1997. According to the Department of Justice, the law was passed “to deter interstate parental kidnapping and promote uniform jurisdiction and enforcement provisions in interstate child-custody and visitation cases.” According to the Office of Juvenile Justice and Delinquency Protection, each year “more than 1,000,000 children in the U.S. are affected by the divorce of their parents.” The agency suggests that half of all children born to married parents will go through their parents’ divorce before their 18th birthday.
The law is not a custody statute, and does “not dictate standards for making or modifying child-custody and visitation decisions.” Instead, it “requires State courts to enforce valid child-custody and visitation determinations made by sister State courts.” The state in which a child is determined a legal resident is the state allowed to hold the custody hearings. For a child to be considered an Illinois resident, he:
