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Family Law & Divorce


How Can I Restrict My Ex-Spouse's New Significant Other from Being around My Children?

Sometimes, parents are not comfortable with their ex-spouses' significant others being around their children. It could be because the parents do not know their ex-spouses' partners very well or because they harbor ill feelings toward them. And on occasion, parents have strong reason to fear that their children will be physically or mentally hurt by their former partners' significant others.

If you believe your ex-spouse's significant other is a threat to your child's safety and well-being, you may be able to take legal action. If certain conditions are met, you may be able to legally prohibit your ex-spouse's partner from being around your child during your ex-spouse's parenting time (formerly known as visitation).

In order to restrict your ex-spouse's significant other from being around your children during his or her parenting time, the court must find that the ex-spouse's new partner's presence poses a serious endangerment to the child's overall well-being, including his or her health and safety.

Certain procedures must be followed to make changes to parenting time orders. The parent requesting the change needs to show proof of a change in the circumstances the child is exposed to. The court will consider modifying a parenting time order if the health and safety of the child is at risk.

At Mirabella, Kincaid, Frederick & Mirabella, LLC, we understand the importance of your child's safety. We have over 200 years of combined family law experience assisting clients in DuPage, Kane, and Kendall counties. Contact a skilled and compassionate family law attorney at 630-665-7300 today to receive the help that you need to take action for your child's health and well-being.

What If My Child Refuses to go to Parenting Time (Formerly Known as Visitation)?

After a divorce, courts encourage both parents to be actively involved in their child's life and to help the child achieve his or her life goals. Sometimes, however, children refuse to visit one parent for several reasons. Understanding how to respond to your child's objections to parenting time is essential so you can avoid potentially being held liable for not respecting the other parent's parenting time and the court's order.

Previously known as visitation, parenting time is defined as the time spent by a parent with the child. During a parent's parenting time, he or she is endowed with non-significant decision-making responsibilities. This means that the parent is responsible for the child's health and well-being during this time. As long as the parent has the child during parenting time, he or she needs to ensure that the child is taken care of and that the child is safe.

A child cannot decide to miss school or a doctor's appointment without the parent's approval. Parenting time works the same way. A child cannot determine how parenting time should be exercised. A parent needs to facilitate and encourage parenting time between the child and the other parent according to the parenting plan. If the child objects to parenting time, the parent must try to find the cause of the objection, so he or she can address the situation through counseling or other professional services. If the parent fails to have their child exercise parenting time, the parent may be held in contempt of the court ordered parenting time agreement.

At Mirabella, Kincaid, Frederick & Mirabella, LLC, we have extensive family law experience assisting clients in DuPage, Kane, and Kendall counties. To receive the representation you deserve, contact one of our highly skilled DuPage County family law attorneys at 630-665-7300 for a personalized consultation today.

Should I Hire a Civilian Lawyer for My Military Criminal Case?

Court-martial cases are not handled in the same manner as civilian court cases. Military criminal cases are different because stricter laws regarding conduct are applied to military personnel. At Mirabella, Kincaid, Frederick & Mirabella, LLC, we can help you understand why hiring both a civilian lawyer and a military attorney can be beneficial for you and your case.

In the armed forces, there are certain conduct laws that only apply to military personnel. Penalties for violating these laws include fines, restriction to base, prison time, loss of pay, and other administrative sanctions.

Depending on the type of charge or case you have, the government may not be required to appoint an attorney for you. If the government does appoint a lawyer, your civilian representation can work alongside the appointed attorney to fight your case with aggression and effectiveness. If you want to do your best to avoid serious punishments such as life in prison or the death penalty, you should retain our experienced criminal defense attorneys.

If you are someone that has been, or is worried they may receive a court martial, contact our offices at 630-665-7300 so that we can schedule a free consultation to formulate the best action plan for your situation. Our offices are located in St. Charles and Wheaton, IL. We serve clients in Naperville, Lombard, Kane County, and DuPage County.

What Punishments Can Be Imposed by a Court-Martial?

There are several punishments that a court-martial can impose on a defendant. These punishments could include loss of pay, loss of rank, or restriction to base. If you are going through a court-martial proceeding, contact the criminal defense lawyers at Mirabella, Kincaid, Frederick & Mirabella, LLC. We will strive to get your charges reduced and obtain the most lenient sentence possible for you.

If you are going through a summary court-martial proceeding, you can receive up to 60 days of restriction to base and 30 days of confinement. A special court-martial can impose stricter penalties such as 3 months of hard labor, a discharge for bad conduct, and up to a year of confinement.

The maximum punishment a general court-martial can give depends on the offense the court is addressing. Some offenses will lead to less than a year in prison while more serious offenses have harsher consequences. General courts-martial that address serious crimes, such as murder, can impose the most severe punishments. These penalties can lead to dishonorable discharge, life in prison, or even the death penalty. In addition, offenders can be sentenced to hard labor, loss of pay, and military discharge.

A court-martial can easily change the rest of your life; therefore, do not hesitate to find an attorney who can tackle these issues as your trial is taking place. Call our office at 630-665-7300, or contact us online to schedule a free consultation. Our main offices can be found in Wheaton and St. Charles, Illinois. We serve clients in Naperville, Oak Brook, Lombard, and Kane County.

What is an Order of Protection?

A civil order of protection is a court order entered in domestic relations or criminal proceedings in order to protect survivors of domestic violence. It will enforce penalties or liabilities to ensure protection for the victim of domestic violence. Orders of protection are not criminal themselves, but the orders are often used in criminal proceedings. At Mirabella, Kincaid, Frederick & Mirabella, LLC, we assist domestic violence victims with pursuing orders of protection. We also help clients who are recipients of protective orders challenge the order and address the legal ramifications of the court order.

Orders of protection can also be acquired during the divorce process. One of the benefits of an order of protection is that they can be obtained without any notice—making them very difficult for the opposing counsel to legally challenge the order. Parents are allowed to get a hold of an order of protection for their children as well.

There are a few different types of orders of protection. One is an emergency order which can be enforced the day someone requests it. It usually only lasts for 2-3 weeks. Another type of order is an interim order. A judge can give this type of order to someone after the other party has been served. This could last up to a period of 30 days. The third type of court order is a plenary order of protection. It can only be issued after a court hearing and may last up to two years.

If you have been a victim of domestic abuse, or if you have been accused of domestic violence and have a court order issued against you, please contact our offices at Mirabella, Kincaid, Frederick & Mirabella, LLC so we can answer questions involving your potential case. We have served clients for decades all over the west Chicagoland area including towns in Kane and Kendall counties such as Wheaton, Naperville, St. Charles, Glen Ellyn, Batavia, and throughout Illinois. Call us at 630-665-7300, or contact us online to schedule a free initial consultation.

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1737 South Naperville Road, Suite 100
Wheaton, IL 60189
Evening and weekend hours by appointment.

We serve clients throughout Kane County, Illinois including St. Charles, Geneva, Batavia, North Aurora, Elgin, Algonquin, Aurora, Barrington Hills, Bartlett, Big Rock, Burlington, Campton Hills, Carpentersville, East Dundee, Elburn, Hampshire, Huntley, Kaneville, Maple Park, Sleepy Hollow, Wayne, West Dundee as well as throughout DuPage County.

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