Posted on October 20, 2020 in Children and Divorce

Sometimes, parents prove unwilling or unable to take care of their children. In these scenarios, there are several options for the children to receive care, but one that is becoming increasingly common is for a grandparent or grandparents to step in. According to official state estimates, there are more than 100,000 grandparents raising their grandchildren in Illinois. If you are in a position where you may decide to raise your grandchildren, there is a process to follow to ensure everything is legally sound.

Obtaining Physical Custody and Parental Responsibilities

There are several different options for grandparents to obtain physical custody of their grandchildren and decision-making authority regarding their well-being. The one that is most commonly used is to bring an action for parental responsibility under 750 ILCS 5/601.2, which is part of the Illinois Marriage and Dissolution of Marriage Act (IMDMA). There are two scenarios under this law in which a grandparent could conceivably obtain physical custody. The first is if the child is not in the physical custody of their parents—for example, if the parents are both deceased, or if one or both parents voluntarily abandoned the child. The second is if one parent is deceased and the other is missing or incarcerated. If either of these applies to your family situation, the IMDMA is likely the best law under which to bring your petition.

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 Posted on October 15, 2020 in Paternity

Any time parents have a child and are not legally married, they have a number of issues to address when it comes to the child’s rights and future. Establishing legal paternity in the state of Illinois is one of the first and most critical steps. Doing so is important for a number of reasons, particularly because it allows parents to protect their children and their own rights as a parent. Without legal paternity, a father’s rights are especially at risk.

How Legal Paternity Can Benefit You and Your Child

While there are other ways to establish legal paternity in Illinois, the easiest way is for both parents to sign a Voluntary Acknowledgement of Paternity, also called a VAP. This is typically done right at the hospital, as soon as the child is born. If one or both parents are unavailable at the time of birth to sign the form, however, the VAP can be completed and submitted on a later date. In cases where there is apprehension or doubt about signing a VAP, paternity can also be established by means of an Administrative Paternity Order from the Illinois Department of Healthcare and Family Services or an Order of Paternity issued by a judge.

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 Posted on October 15, 2020 in Divorce

Even if you have the best of intentions going into your divorce, you can still end up going through a contested divorce if your spouse decides he or she will be combative. Many times, you will know when your spouse is going to be difficult about certain issues in a divorce. In some cases, your finances can be the point of contention in your divorce and the source of much of the tension and disagreement. Some people end up needing to use subpoenas during their divorce cases and some do not; the majority of that depends on how cooperative your spouse is when it comes to the discovery process and dividing your assets.

The Discovery Process and the Role of Subpoenas

The discovery process is the formal exchange of financial information between the two spouses during a divorce. In some cases, this process does not even have to happen because both spouses are able to be fair and reasonable when it comes to asset division. However, in most cases, especially complex divorce cases, the discovery process is essential for uncovering all relevant financial information and documents. This is also typically when you or your attorney would request and draft any subpoenas for documents that you may need. You are permitted to subpoena people as well, but it is rare that you need to subpoena a witness in a divorce case.

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 Posted on October 12, 2020 in Child Custody

There is a long-standing debate among psychologists and in divorce courts as to a specific definition of the term “parental alienation syndrome”. While child psychologists have been discussing parental alienation syndrome for over three decades, the debate surrounding it continues in part because it is not always easy to correctly identify.

What Is Parental Alienation?

Parental alienation syndrome, or PAS, is alleged to occur when one parent creates a contrived illusion to the child or children regarding the child’s other parent. This often leads to the child experiencing manipulated, negative emotions toward and detachment from the other parent.

In cases where there are allegations of PAS, it is often because one parent believes that the other parent is deliberately working to undermine their relationship with the child. This may occur in situations where one parent is disrespectful to the other parent in front of the children or when one parent perceives that the child has developed angry or dismissive feelings toward them due to the actions or words of the other parent.

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 Posted on October 09, 2020 in Asset Division

There are many issues that a couple is bound to disagree on during a divorce. Some of the most common conflict-causing issues include child-related concerns such as allocating parenting time and decision-making responsibilities, whether or not you receive spousal maintenance, and what to do with the family home, among others. The most notorious issue that may cause conflict, however, is your finances. Just as finances tend to be a common cause of arguments and conflict in marriage, your finances can also be an area of concern in your divorce. A temporary financial restraining order can be a useful tool during your divorce and can actually protect your assets from being mishandled or wasted by your spouse.

Understanding Temporary Financial Restraining Orders

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 Posted on October 08, 2020 in Child Custody

Sometimes, life changes unexpectedly. A new job, new relationship, or death in the family may necessitate a move, but relocating your family is almost never easy. Moving with your child can be especially difficult during or in the wake of a divorce, as Illinois law places restrictions on relocating with children. In many cases, one parent’s desire to move must be balanced with the other parent’s right to parenting time and their children’s interests in staying where they are comfortable.

Illinois Child Relocation Laws

Before 2016, Illinois law held that a single or divorced parent could uproot their children for any destination within the state, but if they chose to leave the state even by a very small distance, permission from either the other spouse or the family court was required. With the revamping of the Illinois Marriage and Dissolution of Marriage Act (IMDMA) in 2016, a new approach was adopted for parents who have at least half of the parenting time with their children.

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 Posted on October 01, 2020 in Family Law

For some families, the relationship and connection between family members means everything, especially the relationship between grandparents and their grandchildren. In some situations, the dynamics of a family can deteriorate to the point where the child is no longer allowed to maintain that relationship with his or her grandparent. In Illinois, parents are considered to have inherent rights to spending time with their children. Grandparents are not afforded the same rights, but Illinois laws do give grandparents the ability to ask the court for visitation time in certain situations.

Can I Ask for Visitation with My Grandchild?

Illinois law presumes that parents will make decisions based on what is in their child’s best interests. If a parent is denying a grandparent visitation time, Illinois courts will assume that there is a reason for it. It is up to you as the grandparent to prove that the denial is actually harming the child in some way. You may be able to obtain visitation rights if one of these criteria apply:

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 Posted on September 29, 2020 in Divorce

When you have come to the decision that you and your spouse are going to get a divorce, you will likely experience a flood of different emotions, ranging from relief, sadness, depression, anger, and rage. While it may seem strange to experience such complex emotions, divorce is a complicated event that encompasses every area of your life. Once you reach the property division stage of your divorce, you and your spouse will be required to divide your marital property in an equitable manner, according to Illinois law. Your marital property includes anything that either you or your spouse took possession of during your marriage, including items like vehicles, the family home, and other real estate. Determining what to do with these assets -- especially the family home -- typically begins with an appraisal.

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 Posted on September 28, 2020 in Alimony / Maintenance

For many couples, getting a divorce can be a big financial burden. Going from being a dual-income family to having to run a household on one income can be tough on anyone. In situations in which one spouse may be greatly disadvantaged financially after a divorce, a judge might deem it appropriate to award that person spousal maintenance. In Illinois, spousal maintenance, which is also known as alimony or spousal support, is calculated using a specific formula, and it usually only lasts for a specific period of time. If you are getting a divorce, you should understand the basics of Illinois spousal maintenance.

Calculating Spousal Maintenance

If a spouse is awarded spousal maintenance, the formula set forth by the Illinois Marriage and Dissolution of Marriage Act (IMDMA) will be used to determine the amount of the maintenance award. The formula applies to any couple whose combined gross annual income is less than $500,000. The formula is as follows:

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 Posted on September 22, 2020 in Divorce and Finances

It has often been said that preparation is the key to success, and getting divorced is no exception. Most areas of your life will change after a divorce, including your living situation and parenting situation. Even though your divorce is an emotional process, it is just as much a legal and financial process.

Dealing with marital finances during a divorce can be tricky, especially since financial issues are often the root of disagreements during divorce negotiations. Proper preparation is crucial when it comes to the financial side of your divorce. Here are a few ways you can prepare your finances before you begin negotiations:

Tip #1: Collect Your Records

The first thing you need to do is to gather all of your financial information from the past couple of years. This can help you get a good idea of your financial picture and will ensure that you have everything ready as you begin the negotiation process. You should try to gather records such as:

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