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Power of Attorneys and Divorce
If a person is competent and if there is no duress or undue influence, a person can freely execute a Power of Attorney identifying another person or entity to act on his or her behalf.
A valid Power of Attorney can be effective immediately, when executed, or it can be effective upon the occurrence of certain events such as, but not limited to, confirmation of an attended physician that the maker is no longer competent to act on their own behalf.
In deciding child custody, the Illinois court does not consider the gender of the custodial parent. The court considers all relevant factors including the wishes of the child's parents, the wishes of the child, the relationship of the child with the parents, siblings, and any other person who significantly affects the child's best interest, the child's adjustment to home, school, and community, the mental and physical health of everyone, any physical violence by the child's potential custodian, whether directed at the child or at another person, episodes of repeated abuse whether directed at the child or directed at another person, and the willingness and ability of each parent to encourage a close relationship between the other parent and the child.
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