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FAMILY LAW

Child Abduction:

Definition:

Child Abduction occurs when one:

  • Intentionally violates a court order granting visitation or custody to another by concealing, detaining, or removing a child.
  • Keeps the child away from the mother even where paternity has been established and no custody orders have been entered.
  • Conceals the child from a spouse or ex-spouse for 15 days without notifying the spouse of the location of the child and providing for reasonable visitation or contact – unless in a domestic violence program.
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Divorce:

Statute:

750 ILCS 5/101 et seq.

Jurisdiction

An Illinois court has subject matter jurisdiction to enter a judgment of dissolution of marriage if either party has maintained Illinois residency for 90 days by the date of judgment.  There is no pre-filing waiting period.  750 ILCS 5/401.

Venue

Proceedings shall take place in the county where either party resides. 

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Divorce and Tax Implications:

Filing of Tax Returns by Divorced Persons*

Under what filing status should I file my taxes?

There are four different filing statuses under which you can file your income tax returns:
1) Single; 2) Married filing jointly; 3) Married filing separately; and 4) Head of household.

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Paternity:

What is "legal paternity"?*

Paternity is the relationship between a father and his child. Legal paternity is paternity established by law. State law recognizes only the legal father as having certain rights and responsibilities. In Illinois, a man is a child's legal father only if one of the following is true:

  • He was married to the child's mother when the child was born or when the child was conceived (or both)
  • He married the mother after the child's birth and he is listed with his permission (as of August 9, 1996, his written permission is needed) on the child's birth certificate as the father
  • There is a court order or Department of Public Aid administrative order of paternity
  • He and the mother have signed a voluntary "acknowledgement of parentage" or "acknowledgement of paternity" form.
  • If legal paternity has not been established, the man has no right to ask a court for custody or visitation with a child, and the child's mother cannot try to have a court order the father to pay child support.

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