Lerna Child Custody Lawyer, Illinois
Includes: Guardianships & Conservatorships, Custody & Visitation
SPONSORED LAWYERS
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Judy A. Baker
Trusts, Child Custody, Adoption, Collection, Estate Planning
Status: In Good Standing Licensed: 32 Years
201 N. Logan, Gays, IL 61928
Profile LAWPOINTS™34/100
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Kent Alan Rathbun
Divorce & Family Law, Child Custody, Trusts, Americans with Disabilities Act
Status: In Good Standing Licensed: 52 Years
132 S Water St, Decatur, IL 62523
Profile LAWPOINTS™32/100
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LEGAL TERMS
ABANDONMENT (OF A CHILD)
A parent's failure to provide any financial assistance to or communicate with his or her child over a period of time. When this happens, a court may deem the ch... (more...)
A parent's failure to provide any financial assistance to or communicate with his or her child over a period of time. When this happens, a court may deem the child abandoned by that parent and order that person's parental rights terminated. Abandonment also describes situations in which a child is physically abandoned -- for example, left on a doorstep, delivered to a hospital or put in a trash can. Physically abandoned children are usually placed in orphanages and made available for adoption.
MARRIAGE
The legal union of two people. Once a couple is married, their rights and responsibilities toward one another concerning property and support are defined by the... (more...)
The legal union of two people. Once a couple is married, their rights and responsibilities toward one another concerning property and support are defined by the laws of the state in which they live. A marriage can only be terminated by a court granting a divorce or annulment. Compare common law marriage.
NEXT OF KIN
The closest relatives, as defined by state law, of a deceased person. Most states recognize the spouse and the nearest blood relatives as next of kin.
FOREIGN DIVORCE
A divorce obtained in a different state or country from the place where one spouse resides at the time of the divorce. As a general rule, foreign divorces are r... (more...)
A divorce obtained in a different state or country from the place where one spouse resides at the time of the divorce. As a general rule, foreign divorces are recognized as valid if the spouse requesting the divorce became a resident of the state or country granting the divorce, and if both parties consented to the jurisdiction of the foreign court. A foreign divorce obtained by one person without the consent of the other is normally not valid, unless the nonconsenting spouse later acts as if the foreign divorce were valid, for example, by remarrying.
COMPLAINT
Papers filed with a court clerk by the plaintiff to initiate a lawsuit by setting out facts and legal claims (usually called causes of action). In some states a... (more...)
Papers filed with a court clerk by the plaintiff to initiate a lawsuit by setting out facts and legal claims (usually called causes of action). In some states and in some types of legal actions, such as divorce, complaints are called petitions and the person filing is called the petitioner. To complete the initial stage of a lawsuit, the plaintiff's complaint must be served on the defendant, who then has the opportunity to respond by filing an answer. In practice, few lawyers prepare complaints from scratch. Instead they use -- and sometimes modify -- pre-drafted complaints widely available in form books.
FAMILY AND MEDICAL LEAVE ACT (FMLA)
A federal law that requires employers to provide an employee with 12 weeks of unpaid leave during a year's time for the birth or adoption of a child, family hea... (more...)
A federal law that requires employers to provide an employee with 12 weeks of unpaid leave during a year's time for the birth or adoption of a child, family health needs or personal illness. The employer must allow the employee to return to the same position or a position similar to that held before taking the leave. There are exceptions to the FMLA: the most notable is that only employers with 50 or more employees are covered--about half the workforce.
MARITAL TERMINATION AGREEMENT
See divorce agreement.
AMICUS CURIAE
Latin for 'friend of the court.' This term describes a person or organization that is not a party to a lawsuit as plaintiff or defendant but that has a strong i... (more...)
Latin for 'friend of the court.' This term describes a person or organization that is not a party to a lawsuit as plaintiff or defendant but that has a strong interest in the case and wants to get its two cents in. For example, the ACLU often submits materials to support a person who claims a violation of civil rights even though that person is represented by a lawyer.
FITNESS
The ability of a prospective adoptive parent to provide for the best interests of a child. A court may consider many aspects of the prospective parents' lives i... (more...)
The ability of a prospective adoptive parent to provide for the best interests of a child. A court may consider many aspects of the prospective parents' lives in evaluating their fitness to adopt a child, including financial stability, marital stability, career obligations, other children, physical and mental health and criminal history.
SAMPLE LEGAL CASES
In re Sophia GL
... Judge Love did not respond. On September 13, 2006, Andrew filed a contest to registration
of the Indiana child custody determination. ... It's anticipated under the Uniform Child Custody
Jurisdiction Act that Judges are supposed to talk to one another. ...
In re Custody of MCC
... 518, 544 NE2d 1293. It is clear, however, that physical custody is not determined based on
physical possession of the child at time the custody petition is filed. ... 690, 491 NE2d 1150 (1986)
(standing "should not turn on" who had the child when the custody petition was filed). ...
Smith v. Freeman
... 1072 In Sorenson, a petition for dissolution of marriage was at issue, including child custody. ...
640, 487 NE2d 84. Moreover, since the circuit court retains jurisdiction during the child's
minority, this serves as an added protection in child custody cases. ...
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