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  • Parent violating a visitation order? Don’t stand for it!

    If the the other parent is violating a visitation order, you can take action to protect your rights to see your child. If you are having a problem with visitation interference, contact me, Chicago, Evanston and Schaumburg child custody lawyer David Wolkowitz. I may be able to help. Further, you might want to see my previous posts entitled “Court orders: Get them enforced!” and “The crime of visitation interference in Illinois.”

    There are several things you should know about the violation of a visitation order:

    Future violations:

    If you have reason to believe the other parent is going to violate an order in the future, you can have your lawyer file a “motion to compel.” A motion to compel is essentially an order in which the court restates that the other parent should follow a previous court order. For instance, you have visitation with your child next weekend, and the other parent emails you “I’m going to take our child out of town next weekend and there is nothing you can do about it,” that would be sufficient justification for filing a motion to compel. In order words, since the other parent threatened not to follow an order, you may be able to get a court order which essentially repeats the a previous order must be followed. Why the redundancy? If the other parent violates the order even after a motion to compel, then court will probably take an extra-harsh view of the violation.

    Contempt of court for violating a court order:

    When judges issue court orders, they expect them to be followed. When parties don’t follow court orders, the judges get mad. And when judges get mad, the parent that has violated the order can be punished.

    If any court order is violated, including a visitation order, a lawyer can attempt to have the violating party held in contempt of court. For instance, if a court order designates that on a certain holiday the child is to be with Mom, but Dad refuses to turn over the child, then the court could hold Dad in contempt.

    The good news is that if someone is held in contempt of court, the court can require that person to pay the attorney’s fees the innocent parent incurred in trying to enforce the court order. In other words, the person who violated the court order can be made to pay the bill of the parent trying to enforce the order.

    For a more detailed explanation of contempt of court, you may wish to read my post “Court orders: Get them enforced!.”

    Visitation interference in Illinois:

    Previously, I wrote a post titled “The crime of visitation interference in Illinois.” Some lawyers like to publicize the fact that interfering with visitation can be a crime in Illinois. But as I noted in my post, it is difficult to have a parent prosecuted for that crime.

    Instead, a parent who has had his or her visitation interfered with can file a petition for a finding of unlawful visitation interference. At it’s most basic, visitation interference where one parent consistently and habitually deprives or obstructs the other parent’s parenting time.

    What to do if an Illinois child visitation order is being violated:

    The best thing to do if you are having problems with your visitation is to contact me, Illinois child visitation lawyer David Wolkowitz. I will take a look at the facts of your case, and advise you regarding my preception of the strength of your case and the likely outcome.

    Since I understand that it can be difficult to schedule time with a lawyer, it is possible for us to meet near your location, and I offer evening and weekend consultations. To find out more about how I meet with clients, you might view my posts titled “Yes, I’m a Schaumburg Divorce Attorney” or “Yes, I’m an Evanston Divorce Attorney!”

    The violation of visitation orders and interference with visitation is serious. If either one is happening to you, it benefits you to act quickly. The longer you wait, the harder it will be to get the results you want.

  • How long does a Chicago divorce take? Divorce time FAQ.

    As a Chicago divorce attorney, I’m often asked the question “How long does a divorce take?” While it is impossible for any attorney to give an exact answer – particularly one who is simply writing this post – you might keep in mind the following points covered in the below “Divorce time FAQ.”

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  • FAQ: UCCJEA judicial communication in interstate child custody cases

    FAQ: UCCJEA judicial communication in interstate child custody cases

    If you are involved in an interstate child custody dispute, the you need to know about the Uniform Child Custody Jurisdiction and Enforcement Act, or UCCJEA. When a child custody case spans two states, such as Illinois and Michigan (for example), the UCCJEA provides guidance on judicial communication. Judicial communication, often referred to as a “judicial teleconference,” plays a crucial role in determining the trajectory of the reminder of a UCCJEA case. As a renowned UCCJEA lawyer in Illinois, I’ve put together some information I think is crucial in helping people prepare fort the beginning stages of a UCCJEA case.

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  • Illinois child support: the basics

    Whether you might be paying child support or receiving it on behalf of your child, there are certain basics facts you need to know about child support in Illinois. I’ve put together this overview of the Illinois law on child support as reflected in Section 505 of the Illinois Marriage and Dissolution of Marriage Act (the “IMDMA”)(750 ILCS 5/505).  (more…)

  • Yes, I’m a Schaumburg Divorce Attorney

    Do you need a family law attorney in Schaumburg?

    Let’s meet in Schaumburg, in the evening, on weekends . . . whenever. Dealing with your Schaumburg divorce attorney should not be the most difficult part of your divorce. (more…)

  • Yes, I’m an Evanston Divorce Attorney!

    If you need a divorce attorney in Evanston, I might be able to help.

    Let’s meet in Evanston, in the evening, on weekends . . . whenever. Dealing with your Evanston divorce attorney should not be the most difficult part of your divorce. (more…)

  • Who’s the Best Divorce Attorney in Chicago?

    Are you looking for the best divorce attorney in Chicago?

    Your choice of attorneys is important. I suggest you consider the following factors in when choosing a divorce attorney. (more…)

  • The Crime of Visitation Interference in Illinois

    Visitation interference is common in Illinois child custody disputes. It is also a crime in Illinois pursuant to Section 10-5.5 of the Criminal Code of 1961 (720 ILCS 5/10-5.5). Aside from committing a crime, a person who interferes with visitation would most likely be in violation of a court order; for more information about getting someone to follow a court order, see my post “Court orders: Get them enforced!”

    The law states that “Every person who, in violation of the visitation, parenting time, or custody time provisions of a court order relating to child custody, detains or conceals a child with the intent to deprive another person of his or her rights to visitation, parenting time, or custody time commits the offense of unlawful visitation or parenting time interference.”

    Below are some important points about the crime of visitation interference:

    1. Getting prosecution is difficult: The crime of visitation interference is just that – a crime. And because private individuals do not prosecute crimes, the state’s attorney must bring charges. Unfortunately, the state’s attorney has no where near the capacity to pursue every parenting who has committed the crime of visitation interference.
    2. Joint custody creates difficulties with police: Although the statute does not say parents who share joint legal custody are exempt from the crime of visitation interference, many police departments believe that is that case because of their interpretation of an Illinois Supreme Court ruling. Further, police generally do not want to get involved in child custody disputes, so trying to avoid arresting someone for visitation interference is fairly consistent with their general attitudes towards child custody.
    3. Either parent can commit the crime: Traditionally, one parent is viewed as the “residential parent” and the other parent receives visitation, or “parenting time.” And although the law is most commonly though of as applying to interference with visitation specifically, it can also apply to the parent who receives visitation if he or she interferes with the other parent’s court-ordered time.
    4. A non-parent can commit the crime: Even a person who is not a parent can be convicted of the crime of visitation interference. For instance, if a friend of one parent does something to interfere with the other parent’s time with the child, that freind could be convicted of visitation interference.
    If you are having a problem with visitation interference, contact me, Chicago divorce lawyer David Wolkowitz. I may be able to help.

  • Illinois Child Custody Factors

    In Illinois, courts are to determine child custody questions “in accordance with the best interest of the child,” pursuant to Section 602 of the Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5/602). While the court may consider any factor relevant to the child’s best interest, the legislature has directed courts to specifically consider the following factors: (more…)

  • What is an Uncontested Divorce in Illinois?

    Simply put, an uncontested divorce in Illinois is a divorce where the spouses agree to every aspect of their divorce, or dissolution of marriage. But, marriage can be complicated. As a Chicago divorce lawyer and Illinois family law attorney, I suggest you peace sign for uncontested divorce in Illinoisbecome familiar with exactly what you will have to agree to in your divorce case.

    For an uncontested divorce in Illinois, spouses will have to reach agreement in the following areas:

    1. Child custody: Will parents share “joint legal custody,” so that they are both legal guardians?
    2. Children’s residence: Where will be the children’s official residence?
    3. Child support: How much child support will be paid? And to who?
    4. Dividing assets: How will the marriage’s assets be divided? Who gets what? Should some of it be sold, and the proceeds distributed? Who gets the house?
    5. Dividing debt: Marriages can be dissolved easier than debt. Who’s going to pay the bills?
    6. Alimony: In Illinois, the legal term for alimony is “spousal maintenance.” How much alimony should be paid, if any, and for how long?
    Even if your marriage has taken on a certain amount of acrimony, you and your spouse might be able to come to agreement for the benefit of everyone involved. In the end, an uncontested divorce is about pragmatics: putting the past behind you and moving ahead as quickly as possible.
    If you think an uncontested divorce might be a possibility, I can help you develop an approach to use in bringing up the topic with your spouse. See the post I wrote titled Phases of an Uncontested Divorce in Illinois for a bit more information on the most affordable way to get divorced in Illinois.  I also wrote a reasonable comprehensive articled titled, “FAQ: Fast and Affordable Uncontested Divorce in Illinois.” Or, you can contact me for a free consultation.

  • Court orders: Get them enforced!

    A party to a legal proceeding, including an Illinois family law dispute, can be found to be in contempt of court when he or she disobeys a court order.Illinois family law judge, Chicago divorce court judge

    If you are involved in an Illinois family law case and the other party is not obeying a court order, then you should take action to see that the court order is enforced. For instance, the other party may refuse to follow an order from visitation, may not be paying child support according to a court order, or may otherwise be in violation of an Illinois family law court order.

    The good news about seeking to have another party held in contempt of court is that, if the court finds the other party to be in contempt of court, the other party often has to pay your attorney fees. In other words, you can hire an attorney to get your court order enforced, and often the other person has to pay for it!

    If you are having problems getting the other parent to follow court orders, contact me – Chicago divorce lawyer David Wolkowitz. I may be able to help. Also, check out my post titled “The Crime of Visitation Interference in Illinois.”

  • Phases of an Uncontested Divorce in Illinois

    Just the other day I spoke a potential client who was interested in obtaining a divorce. Since he had heard horror stories from some of his friends and family, he was dreading the process. However, after I spoke with him I learned he might be able to take advantage of an uncontested divorce for a flat fee. (more…)