Tag Archives: Hinsdale family lawyer

IL custody lawyerYour children are the most important thing in a parent’s life, and it is common to lash out at anything that potentially harms their child or prevents a parent from seeing their child or spending time with their child. In this case, that thing is a custody hearing. Below are some common mistakes that parents make during custody battles that can harm their chances of receiving a desirable outcome in court.

Using Social Media to Complain About the Other Parent

As tempting as it may be, using social media to publicly badmouth the other parent, that parent’s lawyer, or a judge handling the case is a recipe for disaster. Not only will it unnecessarily anger all parties target, which may in fact by your short-term goal, but it will harm your reputation, making you seem vindictive, irrational, or a bad role model.

Losing Your Temper in Court

A judge wants to place a child with a responsible parent in a stable home with a calm environment. Outbursts in court prove to the judge that you are not that person and your home is not that place.

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IL family lawyerWhen there is any doubt about who your child’s father is, you, as the dad, should take a paternity test. A paternity test will clear up any confusion or false claims regarding who the biological father truly is. While paternity tests are often used by mothers to hold fathers accountable for child support, fathers can use them too to ensure their own parenting rights.

What Is a Paternity Test?

A paternity test is just another name for a DNA test, which compares the DNA of the potential father to that of the child or infant. Nearly 300,000 paternity tests are performed in the U.S. annually, according to studies. Paternity testing can be done when the child is still a fetus, though this is less common and may involve unnecessary risks. Paternity testing is virtually 100 percent accurate, though it does not need to be done if the mother is married to the father at the time of the birth — in this case, it is generally assumed that the husband is the father unless stated otherwise. The following scenarios are examples of when a father might want to have a paternity test performed:

  • If a husband, boyfriend, or sexual partner believes he is not the father and does not want to be wrongly held responsible for child support
  • If a husband, boyfriend, or sexual partner believes that he is not the father and wants to know for his own peace of mind
  • If a husband, boyfriend, or sexual partner believes that he is the father but the mother denies this fact

Child Custody and Visitation Depend on Paternity

Whether you are seeking child custody or visitation, you must be able to prove that you are the child’s biological father. A paternity test can quickly accomplish this and put any doubts to bed. After your paternity has been proven, you can then petition the court for custody, visitation rights, and to be included in the parenting plan.

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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 family lawyerA good outcome of a divorce depends significantly on the arguments, as well as the agreements that you make during the divorce process. This transition period in your life is not typically a high-point of rational decisions, either. However, it is vital that you make well-thought-out agreements to ensure you have a good foundation for your life after divorce. Here are a few tips that can help.

The Decision

Generally, choosing to divorce is not a mutual decision. Typically, one partner feels unhappy or unappreciated in the union and begins to disconnect from the marriage, gathering a laundry list of bad qualities of their partner along the way. This coping strategy is relatively common, where one party blames the other spouse for the end of the marriage, but also extends the time they have to deal with the grief of the loss of their marriage. The other person is often seen as the victim and is caught off guard.

The Announcement

If you were the initiator or the victim influences the way that you will respond to the announcement; and it also has a direct impact of how you will behave in the following steps. Especially if children are involved, this is an excellent time to seek the advice of an experienced attorney so you can fully understand your options and plan your next steps.

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Il divorce lawyerThe most challenging part of the divorce process almost always includes reaching an agreement regarding child custody and responsibility arrangements. No parent enjoys discussing a topic that includes a period of absence from their child’s life. For Illinois residents, the Illinois Marriage and Dissolution of Marriage Act favors the idea that a child ultimately benefits from the involvement of both parents in their life. If the court determines it is in the best interest of the child, parents may enjoy sharing time with their children every few days or every other week. On the other hand, a court may decide that sole physical custody should belong to one parent while offering the other parent a reasonable right to visitation. Is the decision random, or are there certain factors that influence the outcome?

Parental Responsibilities

Under the current laws, Illinois determines not only with whom the child resides, but also who has the decision-making responsibilities. The authority is not necessarily granted to one person or even divided evenly between the two. A judge carefully considers all information surrounding the circumstances assigns responsibility to each parent according to what they determine to be in the best interest of the child. The four main areas of significant decision-making responsibilities include:

  • Education;
  • Health care;
  • Religion;
  • Extracurricular activities.

Parenting Time

Similarly to the parenting responsibilities, judges determine a parenting schedule according to their belief of what is in the best interest of the child. Additionally, the current laws entitle a parent without decision making authorities to a reasonable parenting schedule. Factors involved in determining the allotment of parenting time include, but are not limited to:

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phone 630-920-8855
address15 North Lincoln Street, Hinsdale, IL 60521
phone 331-588-6611
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Our firm handles family law and personal injury matters for clients in Chicago and throughout the western suburbs including DuPage County, Will County, Kane County, Cook County and the cities of Aurora, Bloomingdale, Bolingbrook, Burr Ridge, Carol Stream, Darien, Downers Grove, Elmhurst, Glen Ellyn, Hinsdale, Joliet, Kendall County, Lombard, Naperville, Oak Park, Oak Brook, Oakbrook Terrace, Clarendon Hills, Oswego, Park Ridge, Roselle, St. Charles, Geneva, Villa Park, Warrenville, Wheaton, Western Springs, LaGrange, Winfield, Woodridge and Yorkville.

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