The post 3 things that can help you fight unfounded accusations of domestic violence appeared first on First Response Family Law.
]]>Due to a range of circumstances, relationships can sometimes turn ugly very fast. When this happens, one party in the relationship may want to stretch the truth to try to gain leverage in divorce court or child custody proceedings. Such situations can motivate the “aggrieved†party to file an unfounded domestic violence report against the other party.
If you find yourself facing false domestic violence accusations, you need to understand your rights and how to handle the situation.
There are several things that can help your defense:
Your family members, co-workers, close friends, and neighbors probably have a good idea of your temperament and how you relate with your spouse. If what you are being accused of sounds totally unrealistic to them, consider requesting them to say so in a formal testimony. A character witness can make a huge difference in a family law case.
Your clean criminal history can help persuade the court that you do not have, and have never had, any tendencies that would trigger an incident of domestic violence. You need to make sure, however, that you don’t violate any temporary protective orders that are currently in place — because that could give the other party’s allegations more weight.
If your ex is making allegations of abuse, the lack of medical care for injuries like lacerations, bruises, or broken bones can corroborate your story that there has never been violence in your relationship.
Whether you are guilty or not, domestic violence is a very serious allegation. If you have been falsely accused of domestic violence, you need to act to clear your name and safeguard your future. Talking with an experienced advocate can help you understand your legal rights and come up with a strategy that will make your case as strong as possible.
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]]>The post 3 ways parents can plan to make divorce easier on the kids appeared first on First Response Family Law.
]]>Parental divorce is a known trauma for children. Sociologists and psychologists alike recognize the negative impact parental divorce can have on everything from academic performance and social relationships to self-esteem.
Although some negative consequences stemming from a divorce are unavoidable, that doesn’t mean that your children have to suffer because of your relationship circumstances. You can take the three steps below to help make divorce a little bit easier on your children.
No matter how certain you are that divorce is the right solution for your current family situation, you will likely still have to grieve your relationship. Finding a local support group or speaking to a counselor who can help you explore and analyze your feelings. When you understand and recognize your own emotions, you will have an easier time controlling them during custody exchanges and other interactions with your ex.
Depending on the age of your children, their relationship with you and the situation surrounding the divorce, your children may have overpowering emotions ranging from guilt to rage regarding your decision to separate.
Honoring and recognizing their emotions when you interact with the children is important, as is not punishing them for appropriately expressing even strong negative emotions. Like you, your children may benefit from seeing a counselor or attending a support group where the focus is on helping children adjust to the transitions of parental divorce.
Creating a distance between your children and parental conflict is important in both a metaphorical and a physical sense. If you are going to argue or discuss difficult topics, you should do so in a space where the children cannot overhear or see you. The same is true for conversations you have with friends are other parts of your support network.
You don’t want the children to hear the two of you arguing, and you don’t want to expose them to your most negative emotions and thoughts. Shielding them from anger can make it easier for them to adjust to your changing family circumstances.
Divorce and shared custody will be hard for everyone in your family at first. Keeping the focus on your children and their emotional well-being and make for a less contentious divorce and an easier adjustment period for your children.
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]]>The post Your custody order can change with the demands of your job appeared first on First Response Family Law.
]]>Working a demanding career often means that you have to make personal sacrifices. Your family may have had to make sacrifices to support you over the years as well.
Whether you work the third shift as a police officer or have several days on call as an emergency medical technician (EMT) every week, your custody order probably integrates your career demands into your family plan.
However, demanding jobs can change their expectations. Perhaps you go from balancing a part-time EMT job and a full-time customer service job to finally getting a full-time EMT position. Maybe you accept a promotion to a supervisory role, which means that you will now have to work the first shift. What does that mean for your parenting plan?
Sudden changes to your employment circumstances can mean positive growth professionally, but they can also strain your co-parenting relationship with your ex. Being transparent about your upcoming schedule changes and the flexibility that you need is important. So too is trying to prioritize what will be easiest on the children when adjusting to this new schedule.
When you have figured out what will work best with your job responsibilities in the needs of the kids, you can then ask the courts to modify your custody order. That makes the changes official and protects you from allegations that you have fallen out of compliance with the custody order. Any substantial change to your living situation or employment could justify a modification hearing.
Recognizing when job changes are significant enough to warrant a custody modification can help ensure your custody order reflects your current family circumstances.
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]]>The post Why you need to know what different assets are worth in a divorce appeared first on First Response Family Law.
]]>Splitting up your marital property will likely be one of the most contentious parts of your upcoming divorce. You and your ex may have emotional attachments to the same property or may have very different opinions about what would be fair.
If you can’t agree on your own, you will have to ask a judge to divide your property. Illinois uses the equitable distribution standard, which means that fairness is the top priority. However, what is fair the one person may seem arbitrary to another.
Trying to push for a fair outcome in your Illinois divorce requires that you understand not just what assets are part of your marital estate but also the accurate or fair market value for those assets currently.
The family law judge presiding over your divorce has to factor in multiple concerns when deciding the best way to split your property. One of the most important considerations will be the overall value of the various assets that they allocate to each spouse.
You should not assume that you know what the current market value is for anything that could change substantially, such as real estate, jewelry, investment accounts or even collectibles. Verifying the actual value of the biggest assets in your estate will put you in a position to ask for a fair and reasonable portion of your marital assets, even if you don’t want to keep specific property that belongs to your spouse. You may even need to work with professionals to set realistic prices in some cases.
The more you know about how Illinois handles divorce, the harder it will be for your ex to trick or manipulate you during the process. Working with an experienced advocate is also a good way to protect your interests.
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]]>The post The distinction between child custody and guardianship appeared first on First Response Family Law.
]]>Under Illinois law, anyone under the age of 18 years old is considered a minor. As a result, an adult is required to manage the affairs of the child. Examples of this include deciding where the child lives, attends school, receives medical treatment, etc.
Typically, such responsibilities fall on the parents. However, there are circumstances where another person takes on this role through guardianship.
Parents are the natural custodians of their children. Consequently, they are legally responsible for them until they become adults. In the scenario where parents have separated, it is up to the court to determine who has custody.
Custody falls into two parts: legal and physical. Legal custody is generally shared by both parents. This means that both parents have legal authority to make decisions on the childâ€s behalf. Physical custody relates to with whom the child spends their time.
Guardianship is where someone else takes on the role of parents who are incapable of looking after their child. There are many reasons why this might happen, such as bereavement, addiction, incarceration or serious health issues.
Guardianship means more than simply handing over physical custody to someone else, it must be conferred by a judicial decree. It is common for temporary custody to be handed over to close family members, but this alone does not give them legal authority of the child.
Understanding child custody and guardianship law can be challenging. However, it is a crucial endeavor. Children need to be taken care of, as well as having their legal affairs managed responsibly until they reach adulthood.
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