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David Giffin
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Claimed Lawyer ProfileQ&A
Practice Areas
- Family Law
- Child Custody, Child Support, Father's Rights, Guardianship & Conservatorship, Paternity, Prenups & Marital Agreements, Restraining Orders
- Divorce
- Contested Divorce, Property Division, Spousal Support & Alimony, Uncontested Divorce
- Estate Planning
- Guardianship & Conservatorship Estate Administration
- Traffic Tickets
Jurisdictions Admitted to Practice
- Illinois
- Supreme Court of Illinois
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Languages
- English: Spoken, Written
Professional Experience
- Associate Attorney
- Tapella & Eberspacher LLC
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Education
- Wake Forest University School of Law
- J.D. (2016) | General Legal Practice, Constitutional Law
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- Honors: Third Place, 1L Trial Bar Competition; Third Place, Zeliff Mock Trial Competition
- Activities: Wake Forest University Trial Bar; Wake Forest Journal of Business and Intellectual Property Law
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- Candler School of Theology, Emory University
- Masters in Theological Studies (MTS) (2013)
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- Emory University
- B.A. (2010) | Religious Studies, Ethics
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Professional Associations
- State Bar of Illinois
- Member
- Current
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- Coles/Cumberland Bar Association
- Member
- Current
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- Federalist Society for Law & Public Policy Studies
- Member
- Current
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Legal Answers
7 Questions Answered
- Q. if I didn't request maintenance at the end of court. can I file a motion and bring it back into court and request it?
- A: The most likely answer is no. Without knowing more about what exactly happened at trial, under most normal circumstances, you are responsible for raising issues you know about or should have known about at or before the time of trial. By failing to raise it properly, you may be deemed to have "waived" or abandoned that issue. This rule especially applies to maintenance; under the Marriage and Dissolution of Marriage Act, the court has to make certain specific factual findings about whether maintenance is appropriate or else the maintenance award will be barred.
- Q. My mom took my ps5 that was gifted to me, I don’t live with her and she isn’t my guardian. Im 17. Is it Legal?
- A: To add to the other attorney's answer: while you state that your grandparents are your guardians, it's not clear from your statement whether you are just using the term informally - i.e. that they are the people you live with who watch over you. For your mom to lose her rights or have her rights restricted, some other legal action has to take place. This could be something like a guardianship court proceeding which assigns rights to your grandparents, or a juvenile court case or DCFS proceeding where your mother's rights are restricted due to abuse or neglect.
In any case, if you cannot resolve this before you turn 18, you absolutely should speak to law enforcement.
- Q. What do I do about an incest relationship In my family my sister and my moms brother ( uncle) and they had a child.
- A: This is a matter that should be brought to the police, not to a family attorney. Illinois law prohibits certain categories of close family members from engaging in penetrative sexual intercourse. This includes aunts and uncles with nieces and nephews. Additionally, if your sister is a minor, your uncle may have committed additional sexual offenses which should be properly investigated.
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