Posted on in Child Custody

fertility treatment, Palatine Family Law Attorney, frozen embryosA well-known actress is currently at odds with her ex-fiancé regarding frozen embryos the couple created before parting ways. The ex-fiancé wants to implant the embryos in a surrogate. However, the actress, who is currently engaged, wants them frozen indefinitely.

If a petition is granted, what rights and responsibilities would the actress have regarding child custody and child support?

Illinois Law Regarding Embryos

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Palatine child custody cases, Palatine Child Custody AttorneyA Florida mother recently filed suit in Federal Court to prevent her ex-husband from having their four-year-old son circumcised. However, a lower Court has ordered the woman to turn the boy over for surgery — she had previously agreed to allow the circumcision in a child custody agreement.

Illinois Joint Legal Custody

The default under Illinois law is to grant a child’s parents joint legal custody — an arrangement that can be granted even if one parent has primary physical custody. Joint legal custody means both parents have a right to make decisions regarding all aspects of a child’s life, including religious upbringing, education and medical care. Parents who share legal custody are therefore required to talk and come to an agreement on all issues, just as they would if they were still married.

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equitable adoption, Palatine Adoption AttorneyIn an opinion issued in March of this year, the Illinois Supreme Court ruled that the theory of equitable adoption does not apply in child custody cases, thus negating a man’s attempt to obtain custody and visitation with the child he helped raise.

Equitable Adoption in Illinois

Equitable adoption is an adoption made valid not by a Court order, but by the actions or promise of one or more parents to either adopt a child or treat a child as his or her natural, biological child.

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Illinois Fathers and Sexual Assaultchild custody, child visitation, Illinois fathers, Palatine child custody attorney, sexual abuse, sexual assault cases, child custody cases

An Illinois law enacted in 2014 denies child custody or visitation rights to men who father a child through sexual assault or sexual abuse, regardless of actual criminal conviction for the assault. Prior to enactment of the new law, a man usually had to either be convicted of, or pled guilty to, any type of criminal sexual assault to automatically be denied custody of, or visitation with, his child.

As previously written, custody or visitation could only be denied if the father had been convicted in a criminal Court of law. Recognizing that many women choose not to press charges against their rapist, and that an acquittal in a criminal Court means only that the prosecution could not prove its case beyond a reasonable doubt – not that the accused was innocent – the Illinois legislature chose to revise the law.

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child custody order, child custody enforcement, Illinois child custody, Palatine lawyer.The divorce is finalized; child custody agreed upon, and a visitation plan set in place. Thankfully, you can move on with your life.

Or so you think, until your ex-spouse violates the visitation agreement, not once, not twice, but numerous times. Unfortunately, some parents continue to use their children long after the marriage has ended. If this is happening in your life, you need the guidance of an experienced Palatine child custody attorney.

Enforcing Child Custody in Illinois

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