Tag Archives: custodial parent

IL family lawyerSevere injuries and serious illnesses are an unfortunate reality of life that many families must deal with. After all, the lifetime risk of developing cancer is one in there. The odds of dying in a car crash are one in 114, meaning that the odds of being seriously injured in a traffic collision are much greater than that. Hospitalization or a serious, chronic injury or illness may limit a custodial parent’s ability to care for their child. Or, the injury or illness may simply be used against them by the noncustodial parent as a means to receive custody. Whether you are the custodial or noncustodial parent, an attorney can represent your and your child’s best interests.

Difficulties a Sick or Injured Parent May Face While Caring for Their Child

Being a single custodial parent is tough enough as it is. Add to that the complications of being sick or injured, a lengthy hospital stay, and potentially an inability to work, and the outcome can be disastrous. The following are a few examples of hurdles that a hospitalized custodial parent may have to navigate in order to care for their child:

  • Financial Difficulties With Medical Bills: Even parents with insurance are at risk of going bankrupt after a serious illness. A sick or injured parent can petition the court for an alimony or child support modification in the event of a serious injury or illness, however. This added financial boost, if it is awarded, can help cover the gap.
  • Taking Time Off Work: Missing work only adds to the financial stress of the situation.
  • Physical Limitations to Care for The Child: Due to a compromised immune system due to cancer, a broken hip (for example), or general loss of immobility and strength, a custodial parent may not have the physical strength necessary to drive their child to appointments, pick up their toddler, or feed and clothe their child.
  • Medical Appointments: Frequent doctor’s visits, dialysis, radiation therapy or chemotherapy treatments, and other medical appointments may get in the way of the custodial parent’s normal schedule.

Call a Hinsdale Child Custody Attorney Today

As a noncustodial parent, you have the option of filing an emergency transfer of custody if the custodial parent suddenly falls sick or injured. As a custodial parent, you may have to fight to hold onto your current custodial rights. The skilled DuPage County child custody attorneys at the Law Offices of Martoccio & Martoccio can help. Call us at 630-920-8855 today to schedule a free consultation.

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IL custody lawyerThere may come a time when a child of divorce or separated parents has a desire to live with his or her other parent—the non-custodial parent. This can come as a shock to both the mother and father and is usually accompanied by hurt feelings and loss for the parent whom the child has been living with since the original custody decision. However, it is important to listen to the desire of your child, whether you are the custodial or non-custodial parent, particularly if your child is at least 14 years of age. The teenage years are a good time to make compromises with your children about living situations because in the long run, this will prevent fallouts from happening when they inevitably leave your and the other parent’s house for good.

Children as Young as 14 Have a Say in Which Parent They Live With

Under 750 ILCS 5/600, a court takes into account the wishes of the child, depending on the “child's maturity and ability to express reasoned and independent preferences as to decision-making.” This comes at the age of 14 in Illinois. However, simply because a child is 14 or older does not mean that the court will automatically change a custody decision that has been in place for years to meet the child’s wishes.

Best Interest of the Child

If a decision cannot be made outside of the courtroom, a judge will consider all factors pertaining to the child’s best interests. Questions such as the following must be asked:

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Illinois child support attorney, Illinois family law attorneyUnder the Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5), Section 505 is fully dedicated to the provisions and penalties of compliance to court-sanctioned child support orders. With upwards of 50 percent of American children witnessing the breakdown of their parents' marriage as well as the family dynamic, family law discussions involving child support and visitation schedules may very well reign as the primary focus of a family’s divorce.

As parents, attorneys, and the judicial system work diligently to ensure the child’s best interests are represented, decisions made at the time of the divorce may not remain copacetic with the original order, as the future can be uncertain.

Under Illinois statute, either parent can petition the court for a modification of child support in the event of substantial changes in circumstances. The Illinois family courts define these instances of change in income level, new medical or disability issues, the ratio of cost of living, changes in a child’s needs, or in response to new Illinois child support guidelines.

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deadbeat parents, Illinois family law attorney, Illinios child support attorney, Child support is a legally required payment made by a parent for the financial support of his or her child. Under Illinois law, both parents are required to provide financial support for the child’s well being. Usually, the non-custodial parent, the parent who does not live with the child, pays the custodial parent child support. Unfortunately, sometimes a parent disregards a court order and fails to pay child support. If your child’s other parent has ceased making support payments, an experienced family law attorney in DuPage County can advise you on your options.

Enforcing Child Support Orders

When a non-custodial parents fails to make their child support payments, the other parent can ask the court to enforce the support order. The custodial parent can formally petition the court to basically force payment from the non-custodial parent. This is different than filing for child support. You can only ask the court to force support payments after a judge has granted a child support order. According to the Illinois Attorney General, approximately $289 million in child support was collected by the state in 2013. Some of these payments were made after a court enforced a child support. Illinois courts have multiple ways to enforce these orders; one way is to garnish the non-custodial parent’s wages.

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DuPage County paternity attorney, establish paternity, father's rights, legal paternity, Martoccio & Martoccio, parental rights, Illinois child custody, custodial parent, non-custodial parentWhen a child is born out of wedlock, the father of that child may face difficulties in establishing his parental rights. A common matter that fathers are not aware of is the fact that under Illinois law, no custodial or visitation rights are granted to a father whose child is born out of wedlock until the court orders that a biological relationship does in fact exist between the two. After such an order by the court, either parent of the child can seek additional orders from the court pertaining to custodial and visitation rights and child support. If you are an unwed parent and have to deal with custody, visitation, child support, and any other matters in paternity court, it is best that you seek assistance from an experienced attorney.

What is Legal Paternity?

Generally, paternity is the relationship between a father and their child, while legal paternity is established by the law. Legal paternity, as recognized under Illinois law, affords a father certain rights and responsibilities as it relates to the child.

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