Recent Blog Posts
Changes to Illinois Child Custody and Parenting Laws
A previous post discussed a number of changes made to the Illinois Marriage and Dissolution of Marriage Act (IMDMA), all of which took effect as of January 1, 2016. When the overhaul of the IMDMA was signed into law, it contained numerous alterations to parenting during and after divorce. It is also necessary to understand some general changes to parenting laws in Illinois and the ways in which they will impact Muslim families in DuPage County.
Child Custody and the Allocation of Parental Responsibilities
One of the first major shifts to the IMDMA with regard to parenting is a basic name change concerning child custody. While changing the title for a specific area of the law might not at first appear to be a significant alteration, it suggests a shift in the way Illinois courts will approach issues of child custody. What is that name change? The large section of the IMDMA that concerns child custody has been renamed “Allocation of Parental Responsibility.”
Understanding the Illinois Parentage Act of 2015
As of January 1, 2016, a number of changes concerning divorce and parenting laws have taken effect. But these are not the only family laws that have changed as of the beginning of this year. Indeed, as lawmakers sought to overhaul the Illinois Marriage and Dissolution of Marriage Act (IMDMA) so that it better reflects the needs and goals of divorce and parenting in the twenty-first century, lawmakers also took a close look at the Parentage Act and the ways in which it, too, was outdated.
The new Parentage Act of 2015 will impact many families in DuPage County, and members of the Muslim community should recognize the significance of these legal changes. While some of the issues raised in the new parentage laws are not as likely to impact Muslims as substantially as other DuPage County residents, it is nonetheless important to have an idea about how these laws work. A report from the Illinois Judicial Conference & DePaul University College of Law summarizes the key elements of the Parentage Act of 2015.
Immigration Raids in Illinois: What Should You Know?
Immigration to the United States is a complex legal process, but it also brings with it social complications and fears of discrimination among immigrant communities. For the Muslim community in DuPage County, questions about rights and responsibilities as persons living in the U.S. often arise. At Farooqi & Husain Law Office, we are dedicated to helping Muslim individuals and families in Oakbrook Terrace. We understand the complexities of the immigration process, and the anxiety and frustration that can accompany that process. We are particularly attuned to concerns about immigrants’ rights in America, and recent immigration raids that have targeted particular communities in Illinois.
New Illinois Law and Probate Issues
When someone dies in Illinois, family members may have to deal with the process of probate. What is probate? In short, it is a term that refers to the legal steps that occur after a death in order to settle the estate of the deceased. While a term like “estate” might not seem like a word used to describe what is left when someone of modest means passes away, it is in fact a legal term that applies to anyone, regardless of income level. It is important for all members of the Muslim community in DuPage County to think about estate planning. And when it is time to deal with probate, it is important to understand how this process works. In addition, DuPage County residents should understand how changes to Illinois law for 2016 may impact the probate process.
High Costs in the Process of Naturalization
Why is it important to work with an experienced Oakbrook Terrace immigration lawyer as you apply for citizenship and go through the naturalization process? The paperwork involved in naturalization is complicated, and it costs a lot of money to file. In short, if you do not have your materials in proper order the first time around, you could end up spending a lot more money in the long run to become a U.S. citizen. According to a recent article in the Times Ledger, the economic costs involved in naturalization have become so steep that some immigrants simply are excluded from the ability to take steps toward citizenship. Indeed, for many new residents of Illinois and other parts of the country, the naturalization process can be cost-prohibitive.
Family Petitions for Permanent Residency
For immigrants to the United States, determining the best and fastest way to bring your family members to this country can be a frustrating and complicated process. According to the website for U.S. Citizenship and Immigration Services (USCIS) and the Department of Homeland Security, the type of family petition you file and the manner in which you file it can vary greatly depending on your own status as a permanent resident or citizen in the United States. In addition, the age and status of the family member you wish to bring to the U.S. can make an impact on the type of family petition you will need to file. In short, family petitions for permanent residency (or, in other words, to become a green card holder) are extremely complex.
Driver's License Suspension in Illinois
In Illinois, your driver’s license can be suspended for many different traffic violations. The length of driver’s license suspension can depend upon your age as well as the specific offense. Losing your driver’s license—even temporarily—can be a frustrating and costly experience. Indeed, many members of the Muslim community in DuPage County rely on their vehicles for transportation to work. Given that it can be a long commute into downtown Chicago, for instance, we understand how important it is to have your license reinstated quickly.
Reasons a Driver’s License Can Be Suspended
Depending on the type of traffic violation committed, you can lose your driver’s license for a temporary period of time (which we call a “suspension” of your driving privileges), or it can be revoked (meaning that you may never be able to get your driving privileges back). According to the website for the Illinois Secretary of State, the situations through which a driver’s license can be suspended vary greatly. One of the primary reasons for which a license can be suspended is driving under the influence of alcohol (DUI). The following are some facts concerning DUI-related license suspension:
Parenting Time in Illinois
Since January 1, 2016, sweeping changes to Illinois family laws have taken effect. Through the alterations to the Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5/), couples who are thinking about divorcing will notice numerous changes in terminology. In some cases, the changes to the law will have an immediate impact. In other situations, the shifts in the law are largely semantic ones intended to have symbolic import. And such a change is precisely how we would categorize the change from “visitation” time that parents have with their kids after divorce to “parenting time.” In other words, the legal language of “visitation” has been removed from the Illinois Marriage and Dissolution of Marriage Act (IMDMA) in favor of language that speaks to the human realities of a parent’s relationship with his or her child.
Drug Charges and the Fourth Amendment
If you are arrested on drug charges, it is important to understand your rights. In particular, members of the Muslim community in Oakbrook Terrace should have a sense of their rights under the Fourth Amendment, which prohibits illegal searches and seizures of property. Constitutional law can be extremely complicated, and you should always discuss your case with an experienced DuPage County criminal defense lawyer.
However, it is nonetheless a good idea to have a sense of when and how the Fourth Amendment can protect you in the event that you are stopped or your property is searched. For example, when you refuse to give consent, can a law enforcement official still search your car or your home? And what does it mean for a law enforcement official to have “probable cause” to stop to conduct a search of your automobile or your home?
Premises Liability and the Importance of Liability Insurance
Sometimes customers or other individuals get hurt in slip and fall accidents at businesses. For business owners, learning about a serious slip, trip, and fall injury can be disconcerting, given that these accidents can result in severe injuries to the head, neck, and back, and sometimes they also result in broken bones. In short, slips and falls are serious, and businesses can be held liable in certain circumstances.
Litigation can be costly when someone falls and suffers serious injuries at your business. At Farooqi & Husain Law Office, we understand how detrimental it can be to a small business owner to face a serious premises liability lawsuit. We are here to help members of the DuPage County Muslim community, and we want to do all that we can to ensure that your business thrives. In order to prevent a costly premises liability claim, it is important to think carefully about purchasing premises liability insurance anytime you decide to open your own business.