Piereth & Sheen Office Blogs

What happens if you have a court-ordered parenting schedule, but the children don’t want to go with the other parent? Do they still have to go, or can you refuse to send them? The short answers is: you still have to follow the court order. While every case outcome turns on a unique set of facts and circumstances, Illinois law is clear that kids don’t call the shots when it comes to following a court order for parenting time. “Illinois courts have held that a custodial parent

The answer can be yes OR no d epending on the circumstances. Some important factors are: paternity being established a pending court case and/or a prior court order Paternity Established? Without first establishing rights, you can’t ask for remedies. Paternity rights must be established first, before legal measures can effectively challenge a child’s removal from the state. If paternity has been established by 1) marital presumption (child born in wedlock) 2) Voluntary Ackno

Aggravated speeding is charged under 625 ILCS 5/11-601.5 It comes in two classes: Class B – 26 miles in excess of the speed limit Max penalties: $1,500 fine, and 6 months county jail. Class A – 35 miles in excess of the speed limit Max penalties $2,500 fine, and 12 months county jail. 25 miles or less over the speed limit is a ‘petty’ offense (punishable by fine only) and covered by 625 ILCS 5/11-601. While jail and maximum fines are rare occurrences for these types of tic

To Plea or Not To Plea? If you're facing criminal charges, one of the most critical decisions you'll need to make is whether to take a plea deal  or go to trial . This isn’t just a legal decision—it’s a personal, financial, and emotional one. That’s why it should be strategic, informed, and grounded in logic . At The Law Office of Piereth & Sheen, we use a simple formula to help clients evaluate their options clearly: The Trial vs. Plea Formula: Likely Sentence – State’s Bes

What State to file in: Initial child-custody should take place in the child’s ‘home state.’ Under 750 ILCS 36/201. "Home state" means the state in which a child lived with a parent or a person acting as a parent for at least six consecutive months immediately before the commencement of a child custody proceeding. In the case of a child less than six months of age, the term means the state in which the child lived from birth with any of the persons mentioned. A period of tempo

Whether or not you have rights to your own child seems like an obvious question.   The answer is ‘yes’​…if the law recognizes it as your child. Fathers must first establish ‘paternity’.  Mothers don’t typically need to do this – ‘maternity actions’ are not common. There are three common ways (leaving out adoption and gestational surrogacy) to establish paternity  750 ILCS 46/201: Marital Presumption – if the child was born to a woman in wedlock, the law presumes her husband

Whether married or not, when parents split up, a ‘parenting schedule’ sets your time with your kids. The stakes are high. So, what can we do to get the odds in your favor? Parenting schedules mostly come down to three things: Endangerments Logistics and How the parents get along ‘Endangerments’ are safety concerns. Think drug or substance abuse, mental illness, abuse/neglect, unsafe environments, and domestic violence. Judges know their top job is keeping kids safe. They won’