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Illinois Lawyer Referrals and Legal Guidance

Archive for November, 2009

The myth of joint custody in Illinois

Monday, November 30th, 2009

Just about every single day we get a call from someone who wants "joint custody" of their child.  Many want it for the right reasons and many more want it because they think that if they get it that they won’t have to pay for child support.

Rarely do Judges order a 50/50 split of the kids which is what a lot of people have in mind.  But joint custody is not a 50/50 split, rather it means that both parents have the right to make decisions when it comes to thing like schooling, health, religion, etc. 

You can actually have joint custody and only be allowed to see your child every other week for one hour.

Judge’s decide custody and visitation based on the best interests of the child.  Nothing in the law says a mom gets it over a dad or a dad over a mom.  But almost no Judge will order (you can always jointly agree to it) a 50/50 time split with no child support payments.

While we don’t think it makes sense, even if you are with your child 50% of the time, you will still pay the same child support as somoene who never sees their child if you are not ruled to be the primary custodian. 

So pursue joint custody if you want to be able to make decisions.   Pursue visitation if you want to see your child.  Pursue custody if you think a Judge will believe it’s best for your child to primarily be with you.  But don’t pursue any of this if you think you will outsmart the system.  It just won’t happen.

Illinois sexual abuse statute of limitations

Sunday, November 29th, 2009

We can’t think of much worse than an adult who would sexually assault or abuse a minor.  It’s wrong on so many levels and I’m sure that there is no one that would argue with that.

The Illinois Legislature and Courts have taken a lot of stances on these cases in the last five years. On the plus side, the statute of limitations for filing a lawsuit for molestation or sexual abuse has been usually extended to your 28th birthday.  The time limits can be longer if you can show a repressed memory (this is best demonstrated by testimony from a psychologist) or that the abuser did something to intimidate you or prevent you from suing.  Never assume it’s too late to file without talking to an Illinois sexual abuse attorney.

On the bad side, until recently the Catholic Church, which is responsible for a lot of the abuse, has changed their stance on how they handle these charges.  They used to ignore the time limits when they could verify that the abuse actually happened.  They did this presumably for PR and because it was morally the right thing to do.   They are now fighting these cases and making victims suffer through court hearings.  Recently the Supreme Court of Illinois threw out some abuse cases against the Archdiocese because they felt that memories were not truly repressed and the victims were too old.

We have helped many victims of abuse.  As tough as it may be, if you have suffered this indefensible harm, we encourage you to go to the police, get counseling and seek a civil attorney (we can help with that) as soon as possible.  If you don’t you may lose forever your right to hold someone legally accountable.

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As a follow up, someone asked us about lawyer fees in these cases.  No attorney we recommend requires an up front payment to sue a molester or abuser.  All of these cases are handled on a contingency basis which means the lawyer only gets paid if they make a recovery.

Illinois lawyers: Tips on medical malpractice, athlete injuries, child support and more

Wednesday, November 25th, 2009

Every Wednesday we present five legal tips based on questions we have received from readers:

My Dad died in a hospital in January of 2007.  I’m finally able to deal with the loss and pursue a medical malpractice case as I think it’s clear the doctors were negligent.  What do I do?  Unfortunately it’s too late to file a lawsuit.  The statute of limitations to file over a wrongful death is two years from the date of the death at maximum.  Once that passes (and in some cases the time limits are shorter) the case is barred forever.

I play for a Chicago professional sports team and my career is over due to a torn rotator cuff.  Can I file a workers’ compensation claim or does my union agreement prevent that?  Yes you can file a case.   A union agreement can’t get rid of your Illinois workers’ compensation rights.  On top of that, if you were a high wage earner and now can’t make close to what you used to, you are likely eligible for 2/3 of the difference (up to a maximum amount depending on when you got hurt) for the rest of your life.

If I get married can the mother of my child go after my new spouse for child support?  Wages from your spouse are typically not counted for calculating child support unless you are hiding your wages through them (e.g. you are a husband/wife real estate team).  To be safe though we recommend that you keep separate bank accounts.

I plead guilty to a crime a week ago, but now I’m regretting it because I’m really innocent and just agreed to it because my lawyer said it would be easier.  Can I change this? You can reverse a guilty plea up to 30 days after it has been entered.  After that time passes it usually can’t happen.  So if you want to do this you need to get in to court ASAP.

I am a registered nurse who is being investigated by the Illinois Department of Professional Regulations for a completely bogus charge.  Do I need an attorney? If they are investigating you then your career is on the line.  So yes we think you need a lawyer and you are playing with fire if you don’t hire an attorney that really has a track record in representing clients before the IDPR.  There are very few law firms in Illinois with that experience.   Most that do it just dabble in it.  Fortunately there are a handful who can really demonstrate success.

Since 2001, findgreatlawyers.com has been the leading resource for Illinois attorney referrals and legal guidance. If you would like our help please contact one of our lawyers via our on-line form or call (800) 517-1614. We are based in Chicago, but help people find attorneys for legal matters throughout Illinois.  All inquiries are free and confidential

And here is one where Facebook saved a kid . . .

Wednesday, November 25th, 2009

Yesterday we posted about how social media sites like Facebook can be used against you as evidence.  A reader sent this article in as an example of Facebook’s update getting someone off the hook for a serious crime as it proved they weren’t anywhere near where the crime occurred.

And speaking of Facebook, if you like our site and blog, please become a fan.

Facebook, Twitter, LinkedIn, etc. It’s all fair game when it comes to evidence

Tuesday, November 24th, 2009

If you are in a lawsuit, going through a custody battle, injured on the job, etc., it used to be that evidence was limited to witness statements, medical records and other traditional means.

With the advent of social networks, what you post on these sites can now be used as evidence against you.  The most common is Facebook postings.  What will happen is that a "friend" will call you out by printing what you have written and providing it to someone like your ex.  Or in other scenarios it’s not uncommon for private investigators to pose as a friend to see what you are doing.

For example, if you are claiming carpal tunnel in an Illinois workers compensation case, if it is discovered that you are posting Twitter updates or Facebook updates all day long, that certainly would hurt your credibility. 

It used to be that if you were surfing the internet in your house, no one would know about it.  But now if you are surfing the net and telling everyone about what you are doing, it can be used against you.

We have heard of prosecutors using this against criminal defendants.  We have heard of it with injured workers.  We have heard of it with people in custody battles who have bragged about how high they got over the weekend only to see themselves have to explain it to the Judge a week later.  We have even seen kids get disciplined at school because their Facebook page shows them doing a beer bong.

Our advice is always be honest, be smart and don’t write anything that you wouldn’t want a Judge to see.  It might not be exciting, but it will probably save you.

Since 2001, findgreatlawyers.com has been the leading resource for Illinois attorney referrals and legal guidance. If you would like our help please contact one of our lawyers via our on-line form or call (800) 517-1614. We are based in Chicago, but help people find attorneys for legal matters throughout Illinois.  All inquiries are free and confidential.

Illinois criminal defense lawyers and drug charges

Monday, November 23rd, 2009

A criminal lawyer that we know tipped us on to the defense a client was running by him when trying to decide whether or not to represent herself of hire an attorney.

She was charged with possession of multiple bags of heroin and the charges were increased because it was discovered when she was pulled over with two children in the car.

When the criminal defense attorney (who by the way has successfully defended hundreds of drug cases) told her what he would do to help her, she insisted on arguing her defense.  It was something to the effect of, "I’m just going to tell the Judge that I have really bad periods and was using the heroin to deal with the pain."

Uhm, that would perhaps be the WORST . . . DEFENSE . . . EVER.  It’s essentially a defendant who thinks that they can out smart the Judge and everyone else.  Never mind the fact that even if it was true, and it’s clearly not, that’s not a legally valid defense.  It’s like saying I only robbed the bank because I needed money to pay my bills.  Quite honestly, most of the Judges that we know would throw the book at anyone who said something like that.

It’s reason #5,782 that you should never try to represent yourself and certainly the most bizarre defense attempt we’ve ever heard of.  Experienced criminal lawyers in Illinois can do really a lot for defendants in drug cases, even the guilty ones.  But if you bring in a story like this one you will make the prosecutor notice you and the Judge notice you.  There are hundreds of cases being heard every day and if you have the right attorney and keep your mouth quiet, you can usually get through the system without a bad result.  But if you are the lady with the crazy story or the guy in the flashy jewelry, you will stand out and the people that can put you away will pay more attention to your case than you want.

Since 2001, findgreatlawyers.com has been the leading resource for Illinois attorney referrals and legal guidance. If you would like our help please contact one of our lawyers via our on-line form or call (800) 517-1614. We are based in Chicago, but help people find attorneys for legal matters throughout Illinois.  All inquiries are free and confidential.

Your ex doesn’t like your fiance? Who cares?

Saturday, November 21st, 2009

A common e-mail we get goes something like this:

I need your help.  My ex-girlfriend won’t let me see our child any more because she doesn’t like my fiance.  How can I get rights to my child?

Who you are dating or hanging out with is irrelevant unless it can lead to your child being harmed.  Even in that case, your ex or anyone else is not a Judge and does not have a right to decide when you can and can’t see your child.

In fact, without a court order your ex has no more right to primary custody of the child than you do.

So if you are faced with this situation, the solution is simple.  You just need to get in to court and ask an Illinois family law Judge to decide when you get to see your child.  Once you get a court order it should set a schedule of when the child is to be with you.  During those times you are free to hang out with whomever you want. 

If your ex doesn’t follow the court order or interferes, under Illinois law you can call the police and they should enforce the Judge’s decision.

For some reason many people allow another to act as the decision maker.  Follow the law and you can end that cycle of madness.

Since 2001, findgreatlawyers.com has been the leading resource for Illinois attorney referrals and legal guidance. If you would like our help please contact one of our lawyers via our on-line form or call (800) 517-1614. We are based in Chicago, but help people find attorneys for legal matters throughout Illinois.  All inquiries are free and confidential.


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