Chuck Roberts is family lawyer at Momkus McCluskey Roberts, LLC, one of the largest law firms in DuPage County, Illinois.
Parenting During Divorce
What can a parent who has lost custody or unsupervised visitation following a child abuse investigation do to work towards…
Those are where the just miracle stories happen. There are instances of parents that have had no relationship with children do all sorts of things to improve their life, to get clean and sober, to take their anger management classes, to take their parenting classes, to go to counseling with their children, and they’ve had […]
What should a separated or divorced parent do if Family Services is investigating him or her for an allegation of physically…
First of all, they should get a lawyer. Family Services investigations can have criminal investigation consequences, too. Sometimes law enforcement is investigating at the same time. Even if an attorney was contacted to assist in the case, they might be also contacting a criminal lawyer to help the client because they’re concerned about criminal charges. […]
If a child is living by choice with a parent full-time but the court granted equal parenting rights and responsibilities…
If a child is living by choice with a parent full-time but the court granted equal parenting rights and responsibilities and time to both parents, should the de facto full-time parent apply to change the agreement to reflect this reality?
Establishing Paternity: Biology’s Role in Child Custody and Support
As unmarried parents, establishing paternity is an important step to take before child custody and support can be determined.
Can a divorcing couple create their own co-parenting plan, assuming they can agree on the details?
It’s not a difficult thing to do if you sit down and use a calendar. That’s how most mediators would do it. They would get a calendar and try to figure out, looking at the reality of the situation. Saying 50/50 is very different than enforcing 50/50, because if somebody get stuck at work or […]
How does the court decide who gets primary parenting time if both parents want it?
The ideal situation is that the parents come up with the parenting plan on their own of what they want. In Illinois, a lot of people feel that child support is tied to parenting. In some ways it is, but in some ways it isn’t. We have case law that says the non-primary parent will […]
If the children split their time between two homes, what are the most common types of living arrangements post-divorce?
When people say 50/50, it’s kind of elusive because what are you really talking about? Are you talking about waking hours, sleeping hours, camp? What are you talking about? That’s the first thing that a good lawyer has to do, is try to figure out what is going on and is it a case where […]
How does a divorcing couple decide which parent the child should live with?
The statute lays out in Section 602.5 and 602.7 of the Illinois Marriage and Dissolution Act what the specific rules are about time. Most of the time, the court will look to see what the behavior has been of the parties in the two years prior to the divorce being filed or, if it’s an […]
Does Illinois no longer use the words “custody” and “visitation” when assigning parental rights and responsibilities…
Does Illinois no longer use the words “custody” and “visitation” when assigning parental rights and responsibilities during and after divorce?
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