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Recent Blog Posts
Understanding the Concept of Equitable Adoption
Under the auspices of criminal law, intent often plays a significant role in the commission and prosecution of a crime. The same may be said about certain areas of family law, as well, as intent and good faith efforts are typically recognized by the court in a variety of applications. There is one area of family law, however, where intent may not be enough, as the Illinois Supreme Court has closed the door on equitable adoption as it relates to child custody situations and the parent-child relationship.
Equitable Adoption and DeHart v. DeHart
While most people are familiar with the concept of adoption, which grants legal parental rights to a non-biological parent, equitable adoption refers to situations in which legal adoption was never completed but the substance of the adoptive parent-child relationship is recognized by the court. The issue of equitable adoption was the centerpiece of a 2013 Illinois Supreme Court decision in DeHart v. DeHart.
Social Media and Cell Phones Increasingly Yield Evidence in Divorce Cases
A generation or two ago, the phrase “digital footprint” would have sounded like made-up nonsense. Today, however, an individual’s digital footprint actually exists as an electronic trail left from the use of online and digital services. Many have likely recognized some of the ways in which marketers utilize such information; for example, dynamic advertisements on certain websites will be presented based on a user’s prior search and browsing history. Beyond advertisers, though, more and more data is being pulled from social media and cell phones to be used as evidence in divorce cases.
Cell Phone Society
It is estimated that more than 90 percent of American adults own and use cellular phones. Two-thirds or more own smart phones, allowing them to access the internet and run apps directly from the device. These numbers have continued to grow in the last several years, as mobile device use has become nearly ubiquitous in American culture. What many fail to consider, however, is the treasure trove of information such devices can be when another person may be looking for something to use against them.
Illinois Medical Marijuana Pilot Program Still Not Fully Underway
Despite being legal since January 1, 2014, not a single Illinois resident has been able to obtain marijuana for approved medical purposes yet. After more than a year of administrative delays, the state government has indicated that the program should be up and running by the end of the summer. Lawmakers and citizens alike are understandably skeptical, and a measure recently passed both the state House and Senate that would extend the program back to its intended length.
The Medical Marijuana Program
In August of 2013, then-Governor Pat Quinn signed into law the Compassionate Use of Medical Cannabis Pilot Program Act, set to take effect at the beginning of the following year. The Act was aimed at determining the effectiveness of marijuana in helping patients with specified medical conditions while monitoring the impact of the drug’s medical use throughout the state. Included in the law was a sunset provision, intended to automatically end the pilot program on January 1, 2018, limiting its lifespan to four years.
Keeping the Marital Home in Divorce
When a couple decides to end their marriage, there are a number of difficult decisions they must ultimately make. Some of them involve the care and well-being of their children, while some are more financial in nature, such as dividing joint savings accounts. Others, however, seem to straddle the line between financial and familial considerations, and a common point of contention between spouses is determining if one spouse will stay in the marital home and which spouse that will be.
Is Keeping the Home Possible?
The first decision that must be made regarding the home is whether or not it is even possible for one spouse to keep it. A detailed review of the couple’s marital property often shows that their home is, by far, their most valuable asset. In an Illinois divorce, allocation of any asset to either spouse must be done under the state’s equitable distribution guidelines. This means that all marital property is to be divided fairly, not necessarily equally, based upon consideration of factors present in the marriage and divorce.
Fake IDs Equal Real Trouble in Illinois
Thanks to modern technology, obtaining a false identification card, or fake ID, has become easier than ever. Any individual with internet access and a few dollars to spend can a run a quick Google search and find a number of options for obtaining a realistic looking ID. For some, a fake ID may be a means to commit more serious acts of fraud such as identity theft or other related activities. The vast majority of fake IDs, however, are used by underage individuals to get into bars or clubs and to illegally purchase alcohol.
Illinois Identification Card Act
State law in Illinois defines a fraudulent identification card as any card that “purports to be an official identification card for which a computerized number and file have not been created by” any governmental or quasi-governmental organization. Similarities in color, design, size, wordmarks, or photograph location to an official card issued in Illinois or any other state or country may be deemed a fake ID. A person found to be in possession of such a card can potentially be charged with a Class 4 felony in addition to the suspension of driving privileges and other administrative penalties.
Legal Separation May Be an Option
Like many things in life, marriage and divorce are not necessarily defined in “black and white” terms. While there is obviously a level of certainty to getting married and the finalization of a divorce decree, most couples probably find that their relationship exists somewhere in the so-called “gray area.” This may be particularly true for a couple experiencing a degree of trouble in their marriage but are not ready or able to simply put an end to the relationship. For such couples, legal separation may be an option that helps them through a challenging period.
Trial Separation and Legal Separation
Although impossible to truly count, many couples will experience, at some point, a level of doubt about the future of their marriage, and often consider a trial separation. Creating physical space between spouses in a troubled relationship can sometimes improve perspectives for the partners while living separately. While such a decision is common, it must not be made lightly, as experts indicate that trial separations have a mixed track-record when it comes to saving the marriage.
Distracted Driving: Put Down Your Cell Phone
Most Americans are old enough to remember a time when the fastest way to reach someone was to call them on the telephone at their home or work. If that person was out or on another call, the caller would likely need to try again later. Obviously, the innovation of cellular technology has changed the social mindset on communication completely. Today, virtually anyone can be reached in a matter of seconds, either by phone or text message. However, such convenience has brought with it a new level of danger, especially for those who use mobile technology behind the wheel, leading many states, including Illinois, to place limits on cell phone use while driving.
Cell Phone Restrictions
In 2014, restrictions on the use of cell phones went into effect for Illinois drivers, at the time making Illinois the 12th state to prohibit the use of hand-held phones. According to the law, the hand-held use of a cell phone for voice conversations is prohibited for all drivers throughout the state, with possible exceptions for emergencies. The proper use of GPS devices and other uses of cell phones, including as a music player, are permitted.
Should My Child’s School Follow Our Custody Order?
The education of your child is likely among your most important priorities. You want your child to learn and obtain the skills necessary for success in today’s world. Like most high-priority issues, however, a child’s education is not without its share of complications. This is especially true if you are not married to your child’s other parent and, together, you are subject to a child custody order. You may wonder, like many parents, what role your child’s school is expected to play in enforcing your custody order.
Custody Basics
In Illinois, child custody may be granted in two basic ways, based on the consideration of the entire situation and the child’s best interest. In some cases, a court may determine that the child would be best suited by the granting of sole legal custody to one parent, while the other parent retains visitation rights. In other cases, joint legal custody may be more appropriate, requiring the parents to each take responsibility in decision-making for the child. Typically, both types of custody arrangements will establish some sort of schedule for the child to spend time with each parent.
Assault and Battery Charges in Illinois
Facing criminal charges can be frightening for anyone. Being charged with a crime that you are not sure you understand can be virtually overwhelming. For many people, their only exposure to the criminal justice system is what they see on the news or read in the newspaper, which can lead to confusion over the definition of particular offenses and crimes. This is particularly true of charges that are frequently related and brought in conjunction with one another, such as assault and battery. If you have been charged with either or both of these offenses, it is critical that you learn the difference between them.
Assault
While many may think they know what the charge of assault encompasses, they are often surprised to learn the actual legal definition. Under Illinois law, assault is any conduct that places another person “in reasonable apprehension of receiving a battery.” Assault could be as simple as throwing a punch or as aggravated as brandishing or discharging a firearm. It is important to keep in mind that there no requirement of injury to justify assault charges, as charges are based on the victim’s reasonable apprehension.
Divorce and a Reluctant Spouse
A successful marriage requires the full investment and cooperation of both partners. Conversely, a marriage will deteriorate quickly if one partner is no longer interested in preserving the relationship. While the marriage may be falling apart, divorce can be even more difficult if one spouse is reluctant to accept the end of the marriage. However, if you have decided that you wish to pursue a divorce and your spouse refuses to consider the idea, there a few things that you can do.
Be Respectful of the Process
When you decide you are ready for divorce, you probably did not arrive at that conclusion without a great deal of thought and consideration. It is important to recognize that your spouse deserves the opportunity to think and consider the situation in the same way. By telling him or her that you want out of the marriage, the resulting emotional turbulence can make it very difficult for your spouse to objectively look at the future of the marriage. Give him or her the space necessary to process the reality of the relationship, and, over time, it is possible that the necessary solution will become evident.
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