Removal of a Minor Child from the State of Illinois

Whether in a divorce proceeding or in a parentage action, the parent with whom the child resides on a daily basis (residential custody) may want to move to another state. Under Illinois law 750 ILCS (Illinois Compiled Statutes) 5/609, a party having residential custody of the minor children must obtain permission of the court to move to another state.

If the custodial parent wants to move within the state of Illinois, that parent does not have to seek court permission to move. If the custodial parent moves to another location within Illinois, then the other parent (non-custodial) parent will have to go to court and obtain a new visitation schedule if a custodial parent has moved a long distance making the existing visitation schedule not appropriate.

There are two major Illinois Supreme Court decisions that define the current law in Illinois on the issue of removal: In Re Marriage of Echert, 518 N.E.2d 1041 (1988) and In Re Marriage of Collingbourne, 791 N.E.2d 532 (2003).

The primary issue that courts are trying to decide in removal cases is whether the contemplated move by the custodial parent is in the best interest of the child

The primary factors that courts consider in deciding whether to grant the request to remove the child to another state are as follows:

1. The likelihood that the proposed move will enhance the quality of life for both the parent and child;
2. The motives of the noncustodial parent in resisting removal;
3. The existing visitation schedule between the noncustodial parent and the minor child; and
4. Whether the visitation schedule can be reached if removal is allowed that will foster the relationship between the minor child and the noncustodial parent.

The decision by the court is not limited to those facts.

The burden of proving that removal is in the best interests of the child is on the parent seeking removal.

For any questions or concerns, please feel free to contact the law office of Arlington Heights attorney Robert S. Thomas. 

LAW OFFICE OF ROBERT S THOMAS

1655 N Arlington Heights Rd, Suite 300West

Arlington Heights IL 60004

847-392-5893 phone
info@attorneyrobertthomas.com

Se Habla Español

United States Bankruptcy Laws

As a bankruptcy attorney, I know there are a lot of questions about bankruptcy, I hope this blog will answer your questions. 

The Bankruptcy laws are found in the U.S. Bankruptcy Code which is Title 11 of the United States Code (USC)

Article 1, Section 8 of the United States Constitution empowers Congress to enact uniform laws on Bankruptcy. Under this grant of authority Congress passed the Bankruptcy Act of 1898, which was amended later by the Chandler Act of 1938. The 1898 Act established the bankruptcy court systems. The 1978 Bankruptcy Reform Act repealed the Bankruptcy Act of 1898 and the 1978 Act created the Bankruptcy Code. In 1986 the Bankruptcy Code was amended to add the bankruptcy trustee system to undertake the administrative responsibilities of the Federal Bankruptcy courts. In addition the 1986 amendments added Chapter 12 to the Bankruptcy Code, which deals with bankruptcies for family farmers. The Bankruptcy Reform Act of 1994 made substantial changes in the ways mortgages are handled in the bankruptcy system. The Bankruptcy Abuse, Prevention and Consumer Protection Act of 2005 established the “means tests” or thresholds that determine whether debtors qualify for a Chapter 7 Bankruptcy or whether debtors are required to pursue a Chapter 13 Bankruptcy. In addition, the 2005 Act extended Chapter 12 protections to family fishermen and enacted Chapter 15 to deal with international bankruptcies.

Title 11 of the United States Code contains the following Chapters:

       1.     Chapters 1, 3 and 5 are the administrative rules for bankruptcy cases.

       2.     Chapter 7 is the liquidation provisions of the bankruptcy code. Chapter 7 Bankruptcy is sometimes referred to as a “straight bankruptcy” or “liquidation.” It is called a Chapter 7 Bankruptcy because the laws and procedures governing this type of bankruptcy are found in Chapter 7 of Title 11 of the U.S. Code. A Chapter 7 Bankruptcy takes approximately five months to complete and in the end debtors’ “unsecured debts,” or credit card and medical bills are discharged which means the debtor no longer has a legal obligation to pay for those debts.

       3.     Chapter 9 involves bankruptcies for municipal governments.

       4.     Chapter 11 is for commercial debtors that desire to continue to operate a business and to repay creditors concurrently through an acceptable plan of reorganization.

       5.     Chapter 12 is for family farmers and family fishermen.

       6.     Chapter 13 provides the method by which an individual with regular income may repay all or a portion of the debts over a period of 36 – 60 months. It is called a Chapter 13 Bankruptcy because the laws are detailed in Chapter 13 of Title 11 of the United States Code (USC). The debtor’s payments are made under the supervision of the bankruptcy trustee. When the payment plan of the 36 – 60 months is completed, the balance of the unsecured debts are discharged.

For any questions or concerns, please feel free to contact the law office of Arlington Heights attorney Robert S. Thomas. 

LAW OFFICE OF ROBERT S THOMAS

1655 N Arlington Heights Rd, Suite 300West

Arlington Heights IL 60004

847-392-5893 phone
info@attorneyrobertthomas.com

Se Habla Español

How to Become a United States Citizen

How to Become a United States Citizen

What is a U.S. Citizen?

“Naturalization” is the process by which immigrants to the United States become citizens of the United States. Anyone who was not born in the US must become naturalized in order to become a citizen of the U.S.

United States Citizens are individuals in one of the following circumstances:

      A.     Born in one of the fifty states of the U.S.;
B.     Born in Puerto Rico, Guam, or the U.S. Virgin Islands to parents who are not foreign diplomats;
C.     Born abroad to at least one parent who is a U.S. citizen and a parent who has lived in the United States at some point in that parent’s life; or
D.    The individual is born abroad to at least one U.S. citizen who is a citizen at the individual’s birth and the citizen parent must have lived in the United States for at least five years before the birth, at least two of the five years being after the citizen parent’s 14^th birthday. If the individual was born before November 14, 1986, the citizen parent must have lived in the United States for at least ten years, and five of which were after the citizen parent’s 14^th birthday. See 8 U.S.C. § 1401

An individual who is not a U.S. citizen must go through the naturalization process which means the immigrant must meet several requirements

Requirements to become a U.S. citizen

       1.     Age 8 U.S.C. § 1433

       2.     Residency 8 U.S.C. § 1427

       3.     Residence 8 U.S.C. § 1427

       4.     Moral Character 8 U.S.C. § 1427

       5.     Allegiance to US Constitution  8 U.S.C. § 1448

       6.     Language 8 U.S.C. § 1423

       7.     US Government 8 U.S.C. §1423

       8.     Oath of Allegiance 8 U.S.C. § 1448

These requirements will be discussed in our next immigration blog.   

For any questions or concerns, please feel free to contact the law office of Arlington Heights attorney Robert S. Thomas. 

LAW OFFICE OF ROBERT S THOMAS

1655 N Arlington Heights Rd, Suite 300West

Arlington Heights IL 60004

847-392-5893 phone
info@attorneyrobertthomas.com

Se Habla Español