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Rockford IL Family Law Blog

DCFS and no stalking orders and the Ariel Castro Kidnappings

Chances are, if you have had access to any source of media within the last week, you have heard the disturbing story of Ariel Castro and the Cleveland kidnappings. At this point, many questions are still left unanswered, and America is once again left wondering how someone could do such horrific things to innocent individuals. As we witness one of the most shocking news stories of 2013, and rejoice in the discovery of the three young ladies, Amanda Berry, Gina DeJesus, and Michelle Knight, we must do more than simply observe and speculate. While Ariel Castro has received a great amount of media coverage, he is only one of many sick and twisted abductors who have abandoned any sense of morale and stolen the lives of young, innocent children. It is our duty as American citizens, as neighbors, as parents, and as friends to educate ourselves on how we can prevent such atrocities from happening.

One of the most effective ways we can help prevent occurrences such as the Ariel Castro abductions is to take advantage of a "no stalking order," an order of protection. In Illinois, a person is legally permitted to file an order of protection on behalf of another individual. In situations where a minor is involved, there is the added power of DCFS behind the protective order, which can arguably be considered more effective than the power of police involvement alone.

Demi wants "Moore" out of divorce from Ashton Kutcher

With half of all marriages ending divorce, it is no surprise that numerous celebrities have gone through the process. The difference from the rest of society is that celebrity divorces usually grab headlines and may become a public spectacle. Between cheating scandals, alimony demands and high asset division, celebrity divorce is closely followed by the media. Many Rockford-area residents are familiar with the ongoing divorce between Demi Moore and Ashton Kutcher.

Rockford area to benefit from federal funds for domestic violence

Here in Illinois, domestic violence continues to be a problem for many residents. Whether it be emotional or physical abuse by a spouse or other family member, the impact of the abuse and the resulting emotional distress can be great and last long after a specific event. To this end, local officials recently received a federal grant aimed directly at curtailing domestic violence in Winnebago County.

Joining only 11 other counties across the country, the roughly $200,000 grant is meant to help officials here in Winnebago County review the current community and justice system responses to domestic violence. The goal is to help prevent deaths between spouses and other close partners by improving the identification and subsequent services for those at high-risk.

Divorce, children and factors effecting their best interest

The amount of research on how divorce affects children can be a bit overwhelming, leaving parents a bit confused as to what is best for the child. The most important thing to remember, however, is that each family dynamic is different. What may be beneficial for one family may be quite detrimental for another. For some families, a divorce may cause more problems than it fixes, adding to the already present tension within a family. For other families, avoiding a divorce may be cancerous in terms of the well-being of a child. While divorce is not for everyone, especially when a marriage can be salvaged through means of counseling, parents are encouraged to consider the costs and benefits of staying together. The following research provides just a few reasons why avoiding divorce may not be in the best interest of the child.

Domestic violence can result in DCFS taking your child. For some families, the tension between husband and wife is limited to arguing and yelling. For others, the tension can escalate to the point of physical violence between parents. While parents may believe the issue of domestic violence can be contained, it does indeed affect the children. Households in which domestic violence is present should be aware of the laws surrounding child custody and DCFS. According to the law, subjecting children to an environment of domestic abuse is legally defined as "neglect," and will result in DCFS taking children into protective custody. For more information on how domestic violence affects your custodial rights, see the blog entitled "Domestic Violence and DCFS."

Illinois bill would allow fathers to challenge paternity

A proposed bill in Illinois could change child support orders for many parents in the state. The bill would allow a father to challenge the paternity of a child after the statute of limitations has expired, if there is DNA evidence that supports the father's claim that he is not the father.

If the proposed bill is passed, fathers could use the law to challenge their child support payments and possibly have their child support orders stopped. Individuals would have to take a DNA test to prove they are not the father of the child they are paying child support for.

Email, text messages can impact your divorce case

Going through a divorce can be difficult, but it is important for people to know the impact their online behavior may have on their divorce proceedings, including alimony, child support and child custody decisions. Every person can admit to sending a snarky email or writing an angry post on Facebook. While this may ease some of the stress at the time, it may negatively impact your divorce.

More divorce cases are using evidence from social media sites and emails in court to argue that one spouse deserves more alimony or to impact child custody determinations. Emails, posts online and even photos may be used in a divorce case to show that one parent is unfit or that one spouse lied about their finances.

3 things to be aware of regarding adjustment in children of divorce

Divorces come in all shapes in sizes, affecting each family differently. While it is common for parents to be caught up in the whirlwind of attorneys, selling the house, child support, and all of the other aspects of divorce, it is important for parents to be aware of the ways in which children are affected by divorce. Divorce is usually a rattling experience in the life of a child, and it is the parents' responsibilities to both be aware of how their children are affected, and look for ways to help them adjust. Research comparing children of divorce to children who have not experienced divorce shows that children are indeed psychologically affected both short-term and long-term by the separation of their parents.

No matter the age of the child, divorce is difficult. According to research, there is no significant correlation between age and adjustment to divorce. Various studies show children to have more difficulties with long-term adjustment when experiencing divorce at a younger age. However, several studies show the opposite effect. Research is inconsistent on how age affects child adjustment. Therefore, parents should be aware that divorce will affect each child differently, regardless of the age. Adjustment is based on several other factors, including the individual personality of the child, the relationship of the parents with the child, and the emotional maturity of the child.

Baby boomers and the 25-year itch

Has the seven-year itch turned into the 25-year itch in the U.S.? Looking at the divorce rate, it appears so. While couples of all ages are getting divorced, more couples over the age of 50 are filing for divorce than ever before.

This has led to a significant increase in the baby boomer divorce rate. The divorce rate for couples over the age of 50 has more than doubled in the last 20 years, according to a study by the National Center for Family & Marriage Research.

Throwing a Divorce Party: 3 reasons for celebrating a new season in your life

So you've finally closed the door on one of the longest chapters of your life-your marriage. Why not go out with a bang? One of the latest trends in divorce proceedings is to turn the event of a divorce into a reason for a celebration by having a "divorce party." Embarking on a new life of singleness is to be celebrated, rather than mourned. You entered your marriage by throwing a party; why not end your marriage doing the same? The following are a few reasons why throwing a divorce party may be just what you need to celebrate your new identity as a single individual.

Leave the past behind you. In throwing a divorce party, divorcees are encouraged to put behind them the stress, pain, and sadness that so often accompany divorce, and to celebrate their new identity as a single person. Forget what your ex has done to hurt you; forget the insecurities that your past relationship has forced you to believe about yourself; forget the drama you've experienced during your marriage; and, move forward. During your divorce party, allow yourself to embrace your positive qualities. Knowing you have the support of those you love as your lifestyle completely changes can be just what you need for your own emotional well-being.

Illinois bill would restrict alleged rapists' custody rights

Illinois lawmakers have proposed a bill that would change child custody battles if the child was a result of a rape. Lawmakers say that the bill would keep alleged rapists from seeking child custody and also keep the alleged rapist out of the child's life.

The proposed bill would allow women who are able to show that they were raped to limit the father's ability to seek child custody or visitation rights of the child conceived through sexual abuse or assault, even if the man is not criminally convicted of the crime.