In many family law cases, clients ask how to get their child’s voice heard in court. There is no denying that children of all ages have their own opinions. Sometimes children form their opinions based upon what they learn or hear from adults. Sometimes children generate their own opinions of certain situations. This often depends on their age and level of maturity. The Court is aware that in family law related matters, children will oftentimes have an opinion as to who they want to reside with, how often they want to see a parent, what they like and what they don’t like. There are methods the Court will use to try and elicit the children’s opinions at times, depending upon the circumstances. How the Court will elicit these opinions and how much weight and credibility the Court will give to these opinions is often circumstantial.
2 Methods to Get your Child’s Voice Heard in Court 1. The In Camera Interview With children who are older and able to clearly articulate their feelings, the Court may use an In Camera Interview to find out what the child or children’s opinions are of a certain situation, as well as other relevant facts needed for the Court to make a determination. The In Camera Interview is an interview of the child (or children) by the Judge; the child’s attorney, a Child Representative or a Guardian Ad Litem usually is present if one is assigned. A court reporter is always required to be present and to make a record of the conversation, but that transcript/record is not available to the parties except in limited circumstances. This interview typically happens in the Judge’s chambers and is used to assist the Court in making a ruling. For example, an In Camera might be appropriate where the parents are saying two different things happened and the GAL has a different version of the facts, and the Court wants to hear directly from the child. An In Camera Interview may be an appropriate way to elicit the testimony of a child in a hearing without putting them into the courtroom in front of their parents and forcing them to “take sides”, which could not go well. The reason it works better in chambers is because children often won’t be honest if both parties or one parent is present; they usually don’t want to take sides and they’d be too afraid of hurting one parent or angering a parent, or both. 2. Guardian Ad Litem’s Opinion Represent the Child’s Best Interest to the Court Another way the Court may elicit an opinion from a minor child would be by appointing a Guardian Ad Litem or a Child Representative. These are attorneys appointed who seek to perpetuate what is in the children’s best interests. A Guardian Ad Litem is a witness for the Court; they seek facts to report back to the Judge. They may be asked their opinion at some point in time but not necessarily in every case. They can report back to the Court on what the child said to them. A Child representative is an attorney who advocates on behalf of the child’s best interests. Sometimes the child representative will consider what the child wants, but they are not obligated to do so. They are more to perpetuate what they think is best for the child, whether or not the child agrees. These are two different ways to have a child’s opinions brought before a Judge in a family law case. If you believe your child’s voice should be heard before the court, you can do by filing a motion seeking any of the above remedies must be done properly, via a motion. If you you have a situation where you need to be sure your child’s voice is heard in court, be sure to seek experience legal advice. Feel free to contact our office today to schedule a confidential consultation that you can trust. THIS ARTICLE WAS PREVIOUSLY PUBLISHED AT: https://illinoislawforyou.com/family-law/get-childs-voice-heard-court/
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Most people are somewhat familiar about how to get married in the State of Illinois. The couple must fill out a marriage application and they both must sign the application. The couple must appear in-person in front of the county clerk with their application and must pay the required marriage license fee. The county clerk then issues the marriage license and a marriage certificate form. Then the couple can get married. The marriage must be solemnized. This is usually done by a judge, an ordained minister, or at a church. The marriage certificate form is then sent to the county clerk and the county clerk registers the marriage. What about how to the requirements before filing for divorce in Illinois?
The Basic Requirements Before Filing for Divorce BEGINNING THE DIVORCE PROCESS FOR DISSOLUTION OF MARRIAGE IN ILLINOIS THE FOLLOWING STATEMENTS MUST BE TRUE: 1. One of the parties is a resident of or is stationed in (if a member of the armed services), Illinois for at least ninety (90) days prior to filing the petition for dissolution of marriage. 2. There has been an irretrievable breakdown of the marriage. This means that the parties are divorcing due to “irreconcilable differences.” There are no other grounds for divorce in Illinois. 3. The court must determine that the couple’s efforts at reconciliation have failed and that future attempts at reconciliation would be unproductive and not in the best interests of the family. It’s important to note that there is an irrebuttable presumption that the requirement of irreconcilable differences has been met if the parties have lived separate and apart for a continuous period of at least six months immediately preceding the entry of the judgment dissolving the parties’ marriage. Also, note that parties do not have to be physically living separate and apart for the court to determine that the requirement of irreconcilable differences has been met. What is Required in Your Petition for Dissolution? In a petition for dissolution of marriage, you must state your age, your occupation and where you live. You must also state this information regarding your spouse. You must state how long you both have been residents of the state. The court will need to know the date of your marriage and where your marriage was registered. You must let the court know if there are other petitions for dissolution of marriage pending in any other states or countries. You must state that there has been a breakdown in the marriage that has caused an irretrievable breakdown. If there are children of the marriage you must list their names and ages and you must state where they reside. The court will need to know whether or not a spouse is currently pregnant at the time the action is commenced. If you and your spouse have any arrangements regarding the terms of the divorce (child support, allocation of parental responsibilities for decision-making and parenting time, maintenance, etc.) you must state so. Some couples have pre-marital or postnuptial agreements and they need to state that in their petition for dissolution of marriage. You must also, of course, state what you are seeking as far as the terms of the divorce if there is no agreement. Where will the children live? Who will pay child support? How will assets and debts be divided? After Filing your Petition for Dissolution of Marriage The filing of the petition for dissolution of marriage begins the dissolution process. The other spouse will need to file their appearance and response to the petition. If the parties are able to reach an agreement regarding the terms of the divorce, then the process really speeds up. This is referred to as an ‘uncontested” case. If the parties are not in agreement, then there will eventually be a trial after discovery is completed. This is referred to as a “contested” case. In the meantime, there will likely be litigation regarding temporary issues, such as support and parenting time. Keep in mind that if you and your spouse have any minor children from your marriage, the Judge will likely order you both to complete a parenting class before the entry of a Judgment for Dissolution of Marriage. This is likely regardless of whether the divorce is contested or not. Some counties in Illinois give the option for the parties to take an online parenting class to satisfy this requirement but others only allow the parties to take the parenting class in-person. Note that it does not matter if your child is seven months old or seventeen years old. The Judge can order a parenting class if there are minor children. There is usually a fee associated with the parenting class, whether in person or online. When it comes time to proceed with divorce is important, it’s helpful to have an experienced attorney by your side to guide you through the process. At Anderson & Boback, all we do is family and divorce law. Feel free to contact one of our experienced divorce attorneys about any questions you may have including what you need to know before filing for divorce. THIS ARTICLE WAS PREVIOUSLY PUBLISHED AT: https://illinoislawforyou.com/divorce/requirements-before-filing-for-divorce/ |
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