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Lombard family lawyersIt is almost too easy to send a text message on your cell phone. It takes only a few moments to type out a quick hello or make plans with friends and family. More than six billion messages are exchanged every day in the United States—that is over 2.2 trillion each year! Unfortunately, the ease of sending a text message can sometimes get people into trouble, as they may send a message without thinking or in the heat of a moment. This can cause problems for those involved in legal proceedings such as a divorce or child custody battle.

Text Messages Last Forever

An individual who is going through a divorce or other matter of family law may experience a wide range of emotions. He or she may feel betrayed, spiteful, confused, and upset. Often, there is animosity and tension between spouses who have decided to end their marriage. Divorce is an especially emotional process, and there may be many things left unsaid between two former romantic partners who have called it quits. There may also be things that are said but that should have been left unsaid. This is when the ease of pulling a cell phone from a pocket and quickly sending a nasty text message can cause problems.

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Lombard family law attorneyIn Illinois, parenting time is established by your divorce decree or a stand-alone custody order and is not to be interfered with out of any misplaced belief that you are entitled to do so. What people do not understand, however, is that in many situations, attempting to interfere or interfering with your former spouse’s designated parenting time may actually render you liable for civil damages, and it may adversely affect your existing parenting situation. You must understand what constitutes interference and what does not.

Civil vs. Criminal Action

While interference with visitation is not uncommon, it rarely becomes a persistent problem because there are multiple remedies of both civil and criminal varieties that can be employed against the offending spouse. The Illinois Criminal Code classifies interference with parenting time as a petty offense, but if it occurs more than twice in the same circumstances, it is a class A misdemeanor. This may not sound like much of a punishment, but even a misdemeanor incurs fines, court appearances, other inconveniences that may cause a person to think twice about acting in such a fashion again. It may be difficult to convince prosecutors to file charges for such an offense, but the option exists in the law.

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DuPage County family law attorneysIndividuals and couples who are interested in adopting children obviously are advised to take the time to familiarize themselves with the Illinois Adoption Act (IAA) However, there are other areas of law in which the IAA can provide valuable input. One of the most common is when a parent or couple’s parental rights are at issue, especially when deciding whether or not a parent or parents should keep their parental rights. The IAA can provide guidance on such issues.

The Concept of Unfitness

Normally, Illinois courts prefer that if one or both of a child’s birth parents is to lose their parental rights, there should be another person able to step into the parental role. The state works very diligently to ensure that children have two parents as often as possible. The one rare occasion in which this does not always happen is when a parent is declared unfit under the Adoption Act. In these unusual instances, it is deemed more important to remove a child from a potentially dangerous situation. Sometimes, however, even if a parent is found unfit, their parental rights will not be terminated unless someone else is willing to adopt the child.

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Lombard family law attorneyIn the overwhelming majority of cases, when your or your spouse’s parental rights are terminated, there is no getting them back. Normally, if parental rights are involuntarily taken away, it means that evidence of abuse or neglect has been discovered, after which it is considered too dangerous to allow the child to remain in your home. However, if there are other reasons for termination, such as a parent’s abrupt deportation, it may be possible to have the determination reversed, dependent on several different factors.

Illinois Law

Illinois is one of only a handful of states to even countenance the possibility of reinstatement of parental rights after their termination. The law holds that if filed by the Department of Children & Family Services (DCFS) or by the minor child themselves, parental rights may be reinstated if certain conditions are met, namely that the motion is supported by “clear and convincing evidence.” This is not subjective; it is a specific burden of proof that a court will insist upon before granting the motion.

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Lombard family lawyerGenerally, Illinois courts do not have any interest in taking children away from their natural parents without immediate and pressing reasons to do so. However, when a parent’s fitness is called into question, obviously, due diligence must be performed lest children remain in harmful and dangerous situations. If you have been accused of being an unfit parent, it is important for you to understand what that means so you may best defend against it.

Statutory Criteria

Every state has its own definition of “unfit.” In Illinois, the guidelines can be found in the Illinois Adoption Act which sets out the criteria a judge may use to declare that a parent falls into that status. An unfit parent is defined in Illinois as someone who can objectively be found to not have the child or children’s best interests at heart. This can be shown by a lengthy list of considerations contained in the statute. Some of the more common concerns include abandonment, neglect, demonstrable cruelty toward the child, a lack of interest or responsibility, substance abuse, or addiction.

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