DuPage County Divorce Lawyer: How does the GAL Assist in a Divorce with Children?
LexBlog » Illinois Divorce Law Blog
by Michael Roe
1w ago
One aspect of the divorce case I take seriously is managing the request to the judge for a guardian ad litem in a contested parenting dispute.  Sometimes, there are behavioral and psychological issues in a divorce with one of the parents, that can impact the ability of that parent to safely care for the child or children. A guardian ad litem (GAL) plays a crucial role in divorce cases, particularly when the interests of children are involved. Here’s how they typically assist the court: Representing the Best Interests of the Child: The primary role of a GAL is to advocate for the best int ..read more
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Kane County Divorce: Why is the UCCJEA Important in Illinois Child Custody Issues?
LexBlog » Illinois Divorce Law Blog
by Michael Roe
1w ago
I received a call today from a potential client in Illinois whose partner/spouse left the State of Illinois and set up life with the minor children in another state.  As I look back on decades of my Family Law career, I have had a number of similar cases. Sometimes, when a marriage falls apart, a spouse takes the children out of state and goes “home” to where he or she grew up and has family locally. In this situation, sometimes the spouses will file a divorce case is two different states. How does the law handle and reconcile the fact that parents have filed in two states?  This is ..read more
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Kane County Divorce: What are some Reasons People Divorce?
LexBlog » Illinois Divorce Law Blog
by Michael Roe
1w ago
Through the decades of practicing divorce and child custody law in Illinois, I have encountered the myriad reasons that a spouse or couple is seeking a divorce.  In some cases, there are serious behavioral issues that make staying together unhealthy for the marriage, and unhealthy for the children. In a minority of time that people meet with me for a complimentary initial consultation, the issues are fixable...for example, young couples that need counseling to learn how to manage conflicts in a marriage. I always encourage fixable family situations to seek counseling or other behavioral h ..read more
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Kane County Divorce: Modifying a Child Custody (Allocation) Order
LexBlog » Illinois Divorce Law Blog
by Michael Roe
1w ago
In Illinois, child custody (now called allocations of parenting time and decision making) can be modified through the courts if there is a substantial change in circumstances that warrants a modification. In general, the modification will be sought after two years has expired from the original judgment, but some cases allow for a modification before two years if the issues presented are serious, or if the changes are moderate and needed to serve the interests of the child(ren). Here are the basic steps: File a Petition in Kane County: The process begins by filing a petition with the court re ..read more
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Kane County Divorce: Parental Alienation
LexBlog » Illinois Divorce Law Blog
by Michael Roe
1w ago
Parental alienation is defined as a mental condition in which a child—usually one whose parents are engaged in a contentious separation or divorce—allies themself strongly with the preferred (alienating) parent and rejects a relationship with the other (targeted) parent without legitimate justification. – The mental component of this condition is a false belief that the rejected parent is evil, dangerous, or not worthy of love. – The behavioral component of parental alienation is the firm, persistent rejection of a relationship with the targeted parent ..read more
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DuPage Divorce: Divorces don’t need to cost an “arm and a leg.”
LexBlog » Illinois Divorce Law Blog
by Michael Roe
1w ago
One aspect of my practice is to deliver high level legal skill to my clients, while at the same time optimizing their outcomes in a cost-effective manner. Divorces don’t need to cost an “arm and a leg.” Divorce can be emotionally and financially taxing for all parties involved. While the emotional aspect might be harder to mitigate, there are several strategies to save on the cost of divorce: Mediation: Consider opting for mediation instead of litigation. Mediation involves a neutral third party who assists in facilitating discussions and negotiations between spouses to reach mutually accepta ..read more
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Kane County Divorce: Are Retained Earnings Marital Property?
LexBlog » Illinois Divorce Law Blog
by Michael Roe
1w ago
A few years ago, I tried a lengthy case in Will County, Illinois that ended up on appeal on a few key issues. One of these issues is that at trial, I put in evidence and argued that the small company owned by the parties should have its retained earnings considered as marital property, insofar as the practice of this husband and wife company had been to distribute the retained earnings out to themselves as dividend income. While the trial judge held that they were part of the valuation of the marital business, the appellate court agreed with my approach, and ordered that the retained earnings ..read more
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The Borderline Personality Disordered Parent: A Challenge for Courts
LexBlog » Illinois Divorce Law Blog
by Michael Roe
1w ago
The Borderline Personality Disordered Parent: A Challenge for Courts, Professionals, the Target Parent, and the Child Mary Alvarez, PhD, Psychologist WHY WOULD A PARENT weaponize a child in order to hurt or destroy the other parent’s relationship with that child? Which also leaves the child with significant negative psychological effects? There are several different psychological “culprits” that can help explain a parent’s extreme behavior (engaging in parental alienation) and borderline personality disorder is one such high conflict personality disorder that is not an uncommon diagnosis for t ..read more
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Parental Alienation Awareness Day is Thursday, April 25
LexBlog » Illinois Divorce Law Blog
by Michael Roe
2w ago
Parental Alienation Awareness Day is THIS Thursday, April 25 Please do NOT reply to this message. The Anti-Alienation Project Remembering... the Colorado Panel Event on April 4, 2024 The Anti-Alienation Project wishes to say thank you to PASG for sponsoring our Colorado panel event. It was such a meaningful and profound healing experience to meet, in person, and spend time with other child survivors of parental alienation. The full panel discussion video, with Dr. Jenn ..read more
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Raising Awareness – Increasing Knowledge of Parental Alienation April 26, 2024
LexBlog » Illinois Divorce Law Blog
by Michael Roe
1M ago
Children 4 Tomorrow 5th Annual PA Symposium What We Need to Know about Psychological Child Abuse a.k.a. “Parental Alienation.” Raising Awareness – Increasing Knowledge of Parental Alienation WHEN: April 26, 2024 TIME: 8:00 AM – 5:00 PM (Central U.S. Standard Time) WHERE: via Zoom 8 CLE’s – Legal (Judges & Attorneys) 8 CEU’s – Mental Health (LMSW, LSCW, LPC, LMFT 8 CPE’s – Teachers & Schools Administrators (TEA Accredited) For more information, go to www.children4tomorrow.org or call 713-660-0760. Presenters: • Shawn Wygant (keynote speaker) Who Needs to B ..read more
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