In our last post, we looked briefly at some of the ways fault can come into play in property division. As we’ve pointed out, although fault is no longer recognized as a factor for purposes of dissolution, fault-base factors can come into play in the division of property. Here, we’ll look briefly at how fault-based factors can impact child custody determinations.
Most readers are aware that, while fault used to be an important in divorce factor decades ago, it typically is not a significant factor nowadays. That being said, many states still do allow parties to divorce on fault-based grounds. Until recently, Illinois was among these states.
In our last couple posts, we spoke briefly about military family care plans and some of the issues that can come up with them. Here, we wanted to briefly mention a federal law which may provide protection to military members who face the unfortunate situation of having a spouse initiate child custody proceedings while the military spouse is deployed overseas.
We have spoken in previous posts about the factors and presumption judges consider and work with when making best interests determinations for purposes of child custody and parenting time arrangements. One of the points we mentioned was judges do consider the terms of a parent’s military family care plan when making best interests determinations.
By now, most people realize that the things you say and do online can have a big impact on your divorce or child custody dispute. Taking evidence from social media sites like Facebook is now a standard practice for most family law attorneys. The general rule is: Don't put anything online (even in a private message) that you wouldn't want to be seen by a judge in the courtroom.
Let’s say you and your spouse have both come to the sad conclusion that you need a divorce. Getting divorced has a lot of steps that you will need to complete. If you and your spouse have children together, one of those steps will be determining child custody.