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Showing posts from February, 2012

Taking a child out of state

Removal Basics (Out-of-State Relocation) "Removal" is the legal term of art lawyers use to describe the situation where a divorced parent with custody or joint custody of minor children wants to move out of state and take the kids with him / her. Removal cases can be quite easy. They can also be very difficult – it depends largely on the way the case is prepared. Our advice is to begin working with an attorney very early on – certainly well before the relocation is finalized. Don’t wait to the last minute to do what needs to be done in court. Start early so that our skilled and experienced attorneys have time to address any unconsidered factors that may possibly prevent the move. Perhaps more importantly, start your removal case early enough to account for a slow court system that could delay the move beyond a critical deadline. Out-of-State Vacations and Temporary Removal:  Illinois law requires a parent to inform the other parent (or his or her attorney) of the locati

Dogs and Divorce

WHO GETS FLUFFY? DIVISION OF PETS IN DIVORCE CASES  © 1999 National Legal Research Group, Inc. "Old dog Tray's ever faithful, grief cannot drive him away; he's gentle, he is kind; I'll never, never find a better friend than old dog Tray." Stephen C. Foster, Old Dog Tray The affection that people feel for their pets is real and palpable. That affection often leads parties to a divorce to argue by analogy to custody law that possession of the family pet should be decided on a "best interests of the pet" standard, separate and apart from the principles of classification and division of marital property. The courts have long recognized and commented upon the tension between custody and property law when it comes to pets. One of the first decisions to comment upon considerations that a divorce court must undertake when considering the ownership of a dog was Akers v. Sellers, 114 Ind. App. 660, 54 N.E.2d 779 (1944), an action in replevin. The Appellate Court