Guardianship of Children in Illinois

A guardianship in Illinois is the legal process through which someone other than the parent of a child can legally care for the child.  Guardianship are commonly used when a child’s parents are unable or unwilling to care for a child.  For example, a relative may seek a guardianship of a child when the parent(s) are incarcerated, addicted to drugs to the point of being unable to care for the child, just not willing/able to parent, or deceased.

Read more

Guardianship of Children in Iowa

A guardianship is the legal process through which someone other than the parent of a child can legally care for the child.  Guardianship are commonly used when a child’s parents are unable or unwilling to care for a child.  For example, a relative may seek a guardianship of a child when the parent(s) are

Read more

What to Expect in an Iowa DHS Family Team Meeting

After the Iowa Department of Human Services (DHS) becomes involved with a family due to an abuse or neglect accusation, a Family Team Meeting is often scheduled rather quickly.  Handling that meeting properly can have lasting effects upon the situation, going so far as to influence the outcome of DHS reports, juvenile court decisions, and criminal charges.  For that reason, it is prudent to consult with an attorney prior to

Read more

Who is Prohibited from Possessing a Gun?

There are laws at the Federal and State levels that prohibit certain people from possessing a firearm.  These laws can be rather complex, and a person who is charged with unlawfully possessing a gun generally cannot avoid criminal liability by saying that they did not know they were prohibited.  This article discusses the general categories of people who are barred from possessing guns, and some of the related situations that often arise.

Read more

Child Custody in Illinois

Under Illinois law, a parent of a child can bring a custody case to have the court legally establish paternity, custody, visitation, and child support.  The Illinois law that governs such cases is the Dissolution of Marriage Act, and that law applies for the sake of custody matters whether the parents were married or not.  There are some differences in how cases proceed depending upon whether the parents were married, and this article discusses the scenario in which the parents are not married.

Read more

Child Custody in Iowa

Under Iowa law, either unmarried parent of a child can seek to have the court establish their respective rights and responsibilities as parents of the child.   Essentially, that involves establishing paternity, custody, physical care, visitation, child support, tax exemptions, and other similar matters.

Read more

Don’t Write Letters to the Judge

Sometimes a person who is facing a serious criminal charge may feel afraid and compelled to do “something.”  All too often, that urge to do “something” can lead a person to take action that is quite harmful to their case.  An example of that that I see from time to time is when a person writes a letter to the judge as their case is pending, apologizing and asking the judge to let them out of jail.  Such letters are not helpful, and can prove quite harmful.  For that reason, it is wise to avoid writing such a letter to the judge.

Read more

Dealing with DHS (in Iowa) and DCFS (in Illinois)

Each state has its own child protective services agency.  In Illinois, that agency is called the Department of Child and Family Services (DCFS).  In Iowa, it goes by the name Department of Human Services (DHS).  A person who finds themselves facing a DHS or DCFS investigation, no matter how baseless that investigation may be, is wise to promptly seek an attorney and avoid saying or doing anything until that attorney can review the situation and provide

Read more

The Importance of Remaining Silent when Accused of a Crime

When accused of a crime, most people will naturally wish to express their innocence and explain exactly how they have done nothing wrong. It is only human nature to want to defend oneself against accusations. However, doing so can be disastrous from a legal perspective, which is why it is best to remain silent and seek an attorney at once.

Read more

A Self Defense Gun Case from Rock Island County, Illinois

Earlier this year, I had the honor of representing a woman named Judy, who used her gun to defend herself, her sister, and her sister-in-law after they were violently attacked in a parking lot in Rock Island County, Illinois. Much to her surprise, Judy was charged in Case Number 2010CF1076 in Rock Island County, Illinois, after telling the police about the attack she suffered. After a variety of motion hearings, we proceeded to a jury trial on February 7, 2012. The result of that trial was a verdict of Not Guilty, at which point the court ordered that Judy’s gun be returned to her right on the spot. Judy was then able to walk out of the courthouse with her pistol, return home, and accept an even better employment offer that had been on hold as she awaited trial. With Judy’s permission, I am sharing her story here.

Read more