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Illinois Trial

 

            
             In this particular case I think that the Judges decision was fair because of the previous decision in the Stanley v Illinois trial. The decision stated that a parent has the right to stay home and raise their children, and it is no different in this case. The non-custodial parent has chosen to stay home with her children and shouldn't have her right to stay home with her children taken away from her in this case. No court should overrule a parent's decision to stay home with their children. The plaintiff would have to leave her children with someone else and go to work if it was decided for her to pay child support. It's stated that the plaintiff is not unemployed, she works has a caregiver for her two young children and doesn't get paid with money. She doesn't work for money and therefore isn't unemployed, but doesn't have the money to pay child support. .
             Although it may be unfair to release the plaintiff from her previous obligation with her first two children, it is also unfair to take away her right to stay home and raise her children. It may be in the best interest for her children for her to stay home and raise her young children instead of getting a job in order to pay child support. The state may interfere with parental discretion in dealing with children when their physical or mental health is jeopardized but not otherwise. In this case the physical or mental health is not jeopardized with the plaintiff deciding to stay home with her children, so the court shouldn't interfere.
             Consideration of the plaintiff's reason for unemployment, ages of children involved, and availability of assets is considered when making this decision. The reason for her unemployment is excusable since it is in the best interests for her two young children. The ages of her children are young and have an influence in the decision because the children are young it may be a good reason for her to stay home with them.


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