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Archive for November, 2019

What to Know About Child Custody Laws in Illinois

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Children are the number one priority for parents. When spouses divorce, it’s up to the courts to decide which parent is granted parental responsibilities. As of 2016, Illinois’ child custody laws utilize the term “parental responsibilities” as a replacement for the familiar term of “custody.”

Rearing children is a momentous responsibility, one that requires time, energy, and good decision-making skills. Financial stability, too, goes a long way in meeting the needs of a child. The day-to-day care of a child also involves attention to their daily needs and wants.

Parental Responsibilities

Family-Walking-Kids-ParentsWhen a parent is responsible for a child, the adult must ensure their kids are properly nourished, go to school, clean and dressed properly, and has access to medical care. Aside from the practical responsibilities, adults also are tasked with more subjective forms of care.

A child must engage in play, and the parent is the one to arrange this. When the child misbehaves, the parent shoulders the weight of dispensing appropriate and fair punishment. Chores are to be delegated to children. Plus, when away, the parent must arrange for suitable supervision.

A parent who is granted parental responsibilities of a child is accountable for properly rearing the youth in accordance with accepted societal expectations, many of which are aforementioned. To achieve this end, joint and sole-decision making power are types of parental responsibilities that courts may grant.

What factors do the courts consider when deciding parental responsibilities?

Judges award parental responsibility based on the best interests of the child—rather than whether one parent is better or worse. Factors the courts consider include the desires of the parents to have parental responsibility and the wishes of the child when it comes to who has parental responsibility.

A child’s wish is given consideration but is rarely the last word. A mature child may voice a preference to remain with one parent in order to remain with friends, at the same school, or in a familiar setting. However, the courts have the final verdict when deciding parental responsibilities.

A good relationship with one parent is also an influencing factor. The courts evaluate the mental and physical well-being of those involved. The judge takes into serious account if one parent is a sex offender. Potential violence and domestic violence weigh heavily in the court’s decisions.

A parent afflicted by psychological or substance abuse problems is not immediately deemed unfit to receive parental responsibility. The courts will first evaluate if the individual is able to parent and willing to receive treatment. However, pursuing treatment does not automatically grant a parent the court’s favor.

Current Illinois parental responsibility laws view the mother and father as equally potential decision makers in the life of their child. When it comes to gender, Illinois laws are neutral. Historically, mothers were the primary caretakers, leaving fathers out in the cold when it came to winning custody battles.

What affects the court’s decision to grant joint or sole decision-making power?

Mother-Daughter-Smiling-LaughingFirst, it is important to understand the major decisions that affect the life of a child. Significant life decisions include schooling, religion, health matters, and extracurricular activities. When both parents can agree on decisions of significance, the judge is likely to grant joint decision-making power.

Belligerent spouses have many more reasons to quarrel when it comes to their child. Spouses who fail to get along when directing the life of their child are subject to a division of power. In hopes to circumvent future legal battles, judges will allocate sole decision-making power to one parent.

For more information on how to get sole custody of a child, check out this article.

Is it possible to change parental responsibilities?

If and when parents agree to make a change to their parental responsibilities, the judicial processes run much smoother and quicker. For legal changes to occur, the parents are expected to file court papers. Alterations to the responsibilities may be caused by various factors.

Parenting time changes, for instance. Additional triggers include instances when a different parent pays child support or makes the everyday decisions regarding the life of the child. Also included is when a parent decides upon a new living situation or way of raising the child.

When changes to parental responsibilities occur under argumentative circumstances, the battling parents must wait two years from the date of the original order of parental responsibilities to request a change—the exception is a situation when the child is in danger.

Father-with-Daughter-PlayingEspecially if the child is faring poorly in the current living situation, the courts will take swift action to remove the child from it. On the other hand, if a child thrives and is well-adjusted, no changes are made. A stable environment is important in the eyes of the courts.

What is parenting time?

Another type of parenting responsibility is parenting time. Prior to 2016, Illinois laws used the term “visitation”. Judges divide time spent with the child, which may not be equal, between the two parents. Parents are free to request alterations to parenting time without a minimum waiting period.

Work with a Child Custody Attorney

Children of divorce require attention and care, and their needs are always given priority among the parental responsibilities and child custody lawyers at Berry K. Tucker & Associates, Ltd. Our experienced lawyers are invested in winning your custody battle fairly and with due diligence, so that your family returns to normal life quickly.Berry-K.-Tucker-Personal-Injury-Lawyer-Oak-Lawn-IL

Our family lawyers remain up-to-date on the changing laws in Illinois; the result is that our child custody lawyers are prepared at every hearing to best represent our clients. Attorneys from Berry K. Tucker & Associates, Ltd. are skilled in presenting our clients in the most favorable light.

The dedication by the family law attorneys at Berry K. Tucker & Associates, Ltd. is rewarded with winning countless parental responsibilities cases. We deliver incomparable expertise in the complex field of family law plus thoroughness during the investigation process to all our clients.

Consult a reliable family law attorney from the reputable firm of Berry K. Tucker & Associates, Ltd. if you expect to be involved in a child custody dispute. Our knowledgeable legal team serves the families living in the surrounding areas of Oak Lawn, Illinois.

Get a Free Consultation

To receive a free consultation for your parental responsibilities case, contact Berry K. Tucker & Associates, Ltd. at (708) 425-9530 or fill out a contact form. We look forward to hearing from you!

Reasons a Personal Injury Lawyer May Not Take a Case

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Many individuals will wonder why personal injury lawyers will not accept their case. If you have the same concerns, this information may provide some insight as to why.

Personal injury attorneyBut first, it is best that you understand the basics of personal injury.

The Basics of Personal Injury

Personal injury law enables an injured individual to go to court and acquire legal remedy for all losses that have resulted from an accident or other incident. The main objective of this ruling system is to allow the injured person to be compensated monetarily or restore the injured person to a sound and healthy condition, after suffering harm due to another person’s acts of negligence or intentional conduct.

There are a variety of situations when personal injury rules will apply.

  • Intentional Acts. Such rules also apply to situations when a person’s intentional actions cause harm to another person. Incidents include assault and battery and other intentional torts.
  • Accidents. Personal injury rules will apply in situations when one acts negligently and the incident causes harm to another person. This type of injury may include slip and fall incidents, medical malpractice, car accidents, among other types of cases.
  • Defamation. The personal injury laws will also apply when a person’s defamatory statements cause harm to another person’s reputation.
  • Defective Products. There are also incidents when a defendant is deemed liable for injuries not based on negligence or any intentional wrongdoing. Such incidents include product liability claims associated with defective products.

Reasons Personal Injury Lawyers will Not Accept a Case

Personal-Injury-Law-Gavel-StethoscopeAfter an injury, someone may believe that they have a case but often find it difficult to find an attorney who will accept their case.

Here are some reasons why this happens.

  • How the Incident Occurred. One of the first considerations that a personal injury lawyer makes before accepting a case is how the accident happened. To hold a person financially accountable, this person has to breach a legal duty or must do something wrong that has caused the injury. It is not enough that the injury occurred in a certain place or that the injuries are severe. The personal injury attorney will try to analyze whether legal accountability can be established. The attorney will also scale the likelihood of success.
  • The Severity of the Injury. Personal injury attorneys will determine damages and use this information to establish the expected recovery before accepting any case. Speculative damages, whether in terms of injury or financial, does not warrant acceptance of your personal injury case. In most cases, an attorney will pass on your case if your injuries are minor, as the expected monetary compensation will likely be minimal. Besides, the cost of the development of testimony that will help prove the injuries will also be factored into analysis by the personal injury attorney. If ever, upon assessment, the cost of the expected depositions will exceed the expected return, the attorney will most likely not accept the case.
  • The Economic Reality of Pursuing the Case. Personal injury lawyers take cases based on contingency fees. This means that the lawyer often makes a business judgment on the cases they agree to handle. Considerations that factor into the business judgment include the amount of time the lawyer spends on the case, the expected fee, and the cost of developing the case. Also, the more experienced and successful the lawyer, the higher the fees.

Finding the Right Personal Injury Lawyer

Personal Injury Law

Like most important decisions you make in your life, you need to do your homework to be able to find the best and the right personal injury lawyer for your case. When you meet with a potential attorney to discuss your case, you need to ask the right questions to determine if the lawyer has a proven track record of success.

It is important to note, however, that there is no official rating system for personal injury lawyers besides peer review from other lawyers. You can find a few resources online. You can also inquire if the lawyer has the financial as well as staffing resources to take on your case. Lastly, you can ask the lawyer what kind of cases he handles, how long has he been handling such cases and his success rate. A personal injury lawyer who can provide you with accurate answers to these queries is likely a great candidate for your case.

Every Case is Unique

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