Tragic Ending

Yesterday, the Chicago Tribune featured an article about the story that made news over the weekend when Arturo Bahena fatally shot his two sons and then killed himself. Mr. Bahena and his wife, Natividad, had been entangled in a divorce lasting upwards of 12 years. The parties were embroiled in a dispute over their joint real estate and once a judge ordered the property sold, Arturo's sons served him with legal notice to leave the property. Arturo gunned down his sons and then shot and killed himself.

Read the full article here:

Long, messy divorce case preceded West Town murder-suicide

When Religion and Relationships become tangled...

Lisa Donovan of the Chicago Sun Times recently wrote an article entitled, "Ugly Divorce, custody fight turns into religious battle" discussing the current legal battle between divorcing spouses, a Catholic father and Jewish mother, regarding their child's religion. The father, Joseph Reyes, was arraigned on Tuesday for violation of a Temporary Restraining Order, restraining him from exposing the couples' daughter to any religion other than Judaism.

You can read the article here:

Ugly divorce, custody fight turns into religious battle :: CHICAGO SUN-TIMES :: Chicago Crime

What are your thoughts? Should a parent be "restrained" from exposing their child to a different religion if the parents previously agreed to raise the child in a specific faith?

Upon Death Do We Part . . .

Dennis Hopper, a famous actor (think "Rebel Without a Cause" and "Cool Hand Luke"), was diagnosed with Prostrate Cancer 10 years ago and was recently rendered mentally incapable. As he lay on his deathbed, his family and friends are urging him to divorce his 5th wife, Victoria Hopper, to prevent her from taking the 25% 0f Hopper's estate that Victoria is owed pursuant to the parties' prenuptial agreement.

Read the Article here:

Dennis Hopper Deathbed Divorce Pits Wife Against Daughter - ABC News

Custody and Removal Disputes

In Illinois, there is much controversy surrounding the issue of removal of children from the State of Illinois to a different state upon one parent's request. Recently, an opinion was issued in the 2nd Division of the Illinois Appellate Court, reversing the Circuit Court of Cook County's Judgment in a child removal case. To the surprise of many family law attorneys in the area, the Appellate Court held that the removal of the child from the State of Illinois to the State of North Carolina was in the child's best interest and the Appellate Court reversed the trial court and granted the mother's Petition for Removal of the child.

The issue of removal frequently arises in divorce and post-divorce cases when the custodial parent desires to move out of state (frequently for a new job or new relationship) and take the child with and the non-custodial parent objects. Removal may become a very hotly contested issue, especially when both parents are actively involved in the child's life and removal could dramatically change a parent's involvement and ability to spend time with the child.

In Illinois, the courts consider numerous factors to determine whether removal of a child from the State of Illinois will be in that child's best interest and the decision is made on a case-by-case basis so that there is no simple "test" to determine a child's best interests. Among the factors considered by Illinois courts are the following:

1) Likelihood that proposed move will enhance general quality of life for both custodial parent and child(ren);

2) Motives of custodial parent in seeking the move;

3) Motives of non-custodial parent in resisting removal of child;

4) Effect on the non-custodial parent's visitation rights; and

5) Whether a realistic and reasonable visitation schedule can be reached if removal is granted.

If you are thinking of moving out of state with your child(ren) during the divorce process or post-divorce, it is wise to study the above factors to determine whether you can prove that moving will be in your child's best interest before you bring the issue before a court.