Divorce or child custody cases that involve multiple states can have an added layer of complexity, making it all the more important to handle such cases carefully.
A child custody or divorce case can be one of the most important events in a person’s life. It can also be one of the more expensive events too. However, there are things that a person can do to help minimize that expense while also seeking the best possible outcome for the case.
Iowa law requires that the parents in a divorce or child custody case take a court-approved class. This class is called Children in the Middle in
Motions are a key part of just about every type of court case. This article discusses Motions in the Iowa and Illinois legal systems.
In a child custody case, those who try to represent themselves tend to run into significant problems. Every person who is facing a child custody case needs an attorney, for two main reasons:
The new laws in Illinois that govern divorce and child custody cases took effect on January 1, 2016. These changes in terminology are a reflection of the goals of the court in custody and divorce case.
In Divorce and child custody cases, Interrogatories are a common discovery tool. Interrogatories can help a party to obtain information that is needed to reach a favorable settlement, or to take the case to trial.
It is common in divorce and custody cases in Iowa and Illinois for the court to award a non-custodial parent (a parent who does not have primary physical care) an extended block of visitation in the summer months. Summer visitation is also commonly awarded to both parents so that each parent can have an opportunity to take a vacation or otherwise spend time with the child. Summer visitation can be a great opportunity for a parent to spend more time with … Continued
In a divorce or custody case, Requests for Production of Documents is a commonly used discovery tool.
Depositions can be useful tools in child custody and divorce cases in Iowa and Illinois.
The Servicemembers Civil Relief Act, which is found at 50 U.S.C. sections 501-597b, was enacted to allow servicemembers to devote their energy to the defense needs of the nation and to provide for the temporary suspension of judicial and administrative proceedings, except criminal proceedings, that may adversely affect the civil rights of servicemembers during military service.
Filing a child custody case in the right location is important.
In divorce and child custody cases in Illinois and Iowa, Discovery is an important part of the case. Discovery refers to the process through which each side in a divorce or custody case is entitled to gather information from the other side, for use in court later. It is important to comply with discovery, as a failure to do so can result in significant harm to a case.
During a divorce case, it is critical that both spouses carefully choose their words when discussing the situation with their children. This is important for both the mental wellbeing of the children, and each spouse’s legal interests in the case.
The question of where to file for divorce is one that can be complex, especially when a person has moved recently or has a spouse who lives in another state. Selecting the right jurisdiction and venue for the divorce case is important, as incorrect choices can cause significant harm to a person’s case and interests.
When a person consults with a lawyer about their family law case, there are many different things that should be discussed so that the client is as informed as possible about how the case would proceed and the terms of representation. While each situation is different, there are some common things that are applicable in every case:
A Joint Parenting Agreement is a common legal document in divorce or child custody cases in Illinois and Iowa. It contains the terms under which the parents of a child or children will interact as to each other and the children.
In situations where the parents of a child are no longer together, the parent with primary care of the child may decide to move at some point. For the other parent, that could in essence mean losing their child. Iowa law addresses that by considering a move of 150 miles to be a material change in circumstances, which justifies a Petition to Modify custody and physical care.
A person who is served with papers for a child custody case is often shocked and upset by the situation. Handing things the right way during that upsetting time is important, as missteps can result in lasting harm to a person’s child custody situation.
In family law cases, the best interest of the child is the court’s highest priority. The Iowa District Court and Illinois Circuit Court judges who handle custody and divorce cases are required by law to follow that standard. This article discusses the best interests of the child as applied by the courts.
The holidays can be a wonderful time to spend with loved ones, yet it can also be one of the more difficult times for those with family law issues. Properly addressing such problems can help keep the holidays enjoyable.
False accusations of domestic abuse are common in divorce and custody cases in Illinois and Iowa. Properly handling such accusations of domestic violence is of the highest importance.
Domestic battery or other instances of domestic violence can have a significant effect upon how the Illinois courts handle child custody decisions in divorce or custody cases.
Parental Alienation is a situation that is often created in custody and divorce cases when one parent (or other individual) attempts to destroy the relationship between a child and the other parent. Illinois law quite correctly sees such improper action on the part of a parent, grandparent, or other person as seriously damaging to the child, and the Illinois
Parental Alienation is a situation commonly produced in divorce and custody cases when one parent (or other person) tries to destroy the relationship between a child and the other parent. Iowa law recognizes such improper action on the part of a parent, grandparent, or other person is seriously harmful to the child, and the Iowa court system can address the situation.
A history of domestic abuse can have a serious effect upon the custody determinations that the Iowa court makes in a divorce or custody cases.
Mediation is a process employed by many courts to try and resolve some or all of the contested matters in a divorce case, without having to proceed to a trial. Sometimes mediation is mandatory, and other times it is voluntary. The mediation process has the potential to be useful to parties in a divorce case, but mediation also can lead to problems if it is not handled properly.
In Illinois and Iowa custody cases, the court has the authority to issue in emergency injunction to prevent harm to a child. This article discusses injunctions in the Illinois Circuit Court and Iowa District Court.
Facebook is used by over a billion people every day, and as such it has an important role to play in many divorce, custody, and protective order cases that take place in the states of Iowa and Illinois.
In divorce, custody, and juvenile cases in the states of Illinois and Iowa, a Guardian ad litem can be appointed by the court to represent the legal interests of a minor child in the case. This article will discuss the role of a Guardian ad litem in
In cases where a child’s safety or well-being (physical or emotional) would be endangered by regular visitation with a parent, the courts in Iowa and Illinois have the authority to order that visitation be supervised by a
All too often in divorce and custody cases, the opposing party will purposely waste a client’s time and money on frivolous court appearances. Such a situation can often be addressed in Illinois or Iowa through a Motion with the court, when such behavior rises to the level of violating various Rules of Civil Procedure.
In Illinois, a person who is not satisfied with the Circuit Court’s ruling in a divorce or custody case can appeal the ruling to
When it comes to handling a child custody case, there is no time like the present. There are several reasons this is true, in both Illinois and Iowa custody cases.
Many Iowa counties require that a Settlement Conference be held in divorce and custody cases. The purpose of the Settlement Conference is to get the parties and attorneys to try and work out some of all of the issues in the case, so as
In some situations, a court can grant an emergency injunction as part of a divorce or custody case. That emergency injunction can be used to prevent parental kidnapping, injury to children, or other serious
Divorce and custody cases can be the most important legal system event in a person’s life, as the outcome can influence custody, visitation, property, and financial aspects of the person’s life for years to come. If the outcome of the trial is not favorable, then an appeal should be considered.
Under Illinois law, a parent of a child can bring a custody case to have the court legally establish paternity, custody, visitation, and child support. The Illinois law that governs such cases is the Dissolution of Marriage Act, and that law applies for the sake of custody matters whether the parents were married or not. There are some differences in how cases proceed depending upon whether the parents were married, and this article discusses the scenario in which the parents … Continued
Under Iowa law, either unmarried parent of a child can seek to have the court establish their respective rights and responsibilities as parents of the child. Essentially, that involves establishing paternity, custody, physical care, visitation, child support, tax exemptions, and other similar matters.