Posted on January 06, 2017 in Adoption

The traditional definition of a family, comprised of a mother, father and children, has evolved into a much more fluid notion in modern society. As society becomes more accepting of different gender identities and lifestyles, the concept and content of a family must progress as well.

A longstanding method of expanding a family beyond conventional reproduction was through the adoption of children, including adoption by step-parents. Adoption offers blended families a greater ability to find cohesion, and gives a step-parent legal authority and rights over the life of a child likely viewed as equivalent to his/her own. Step-parent adoptions may appear as somewhat perfunctory and require minimal paperwork because the child is not from an outside source. However, adoptions of children are always treated with a high degree of formality because of the nature of the rights being granted and the necessity of terminating one parent’s rights in favor of the step-parent.

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 Posted on December 22, 2016 in Legal Separation

When systemic problems appear in marriages that threaten their long-term survival, couples will typically try a number of palliative measures to fix these unhealthy issues. Divorce is not an option most go to easily or quickly but often sits as a possible remedy in the background.

Commonly, couples will look to the least disruptive method of resolving unhealthy issues before escalating to alternatives that may affect other family members, especially children. One option that is short of divorce, but allows struggling couples to obtain a formal arrangement to govern certain legalities as they live apart, is legal separation. This legal route differs from divorce because the marriage is not dissolved, but stills permits a Judge to impose legal obligations and property arrangements similar to those decided in divorce cases.

Legal separation requires the filing of a petition with the Family Court, so securing the services of an experienced family law attorney is the best way to ensure the procedure goes smoothly and results in the optimal outcome.

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 Posted on December 15, 2016 in Divorce

When couples decide to divorce, the belief that there is only one divorce form available is natural — especially considering the depictions of divorce on television. The typical TV version of divorce involves a long, drawn-out process that culminates in a trial where both parties verbally attack each other in Court. Certainly, this kind of divorce is possible, such as in the case of a divorcing couple who recently fought over Cubs World Series tickets. However, another way exists.

Traditional divorce cases are referred to as formal dissolution in Illinois. An easier, faster and less expensive way to end a marriage is called joint simplified dissolution. This option is not open to everyone because a number of requirements must be met to qualify. Yet for those who can use this type, joint simplified dissolution offers a streamlined route to divorce that could be important for parties who want a quick resolution to their case.

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 Posted on December 09, 2016 in Paternity

The birth of a child brings joy and excitement to parents, family and friends. This event also marks the beginning of the time a parent has to shape the child into the type of person he or she will develop into as an adult. People commonly assume that all parents have the full bevy of legal rights typically held upon birth. This is correct for mothers and married couples. However, unwed fathers have no right to custody or visitation with a child until paternity is legally established.

Paternity is the legal recognition that a man is the father of a child. The establishment of paternity is necessary for unwed fathers who wish to assume the all the rights and obligations parents have over a child. Illinois offers several options to confirm paternity; however, not every legal procedure has the same effect. Therefore, understanding the consequences of each alternative is important when determining which to choose.

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 Posted on December 02, 2016 in Child Custody

No parent wants to tell his or her child the news of an impending divorce, especially if the child is young. There is no adequate way to explain why a divorce is happening, or to fully help the child understand what divorce actually means. In the best situations, parents try to make the process as stress-free as possible by making an effort to work together and actively attempt to minimize conflict.

Completely eliminating the disruption of the child's life is not realistic; however, taking steps to keep the child in the loop about changes in daily life, if age appropriate, will go a long way to mitigating some of the negative impacts of this decision. Deciding which parent will handle the bulk of the childcare responsibilities and who will make the major decisions related to the child's welfare, are key aspects of any divorce case. Typically, these obligations are shared by the parents. Still, situations exist that justify giving one parent full rights over a child.

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 Posted on November 25, 2016 in Grandparent Rights

Children of divorced parents must deal with losing the stability of a two-parent home, potentially moving away from friends and family, and adjusting to living in multiple households. Losing friends and family is often the most difficult part of the divorce process. One family member that would be particularly hard to lose is a grandparent.

Grandparents commonly play a large role in a child's life, and have a large impact on a child's development. In fact, some grandparents find themselves raising their grandchildren. More commonly, though, is the grandparent trying to stay in the good graces of both parents in hopes of avoiding a reduction or termination of contact with his/her grandchild.

Parents may choose to cut ties with an ex-spouse's family, particularly if there are issues of domestic abuse or protracted, high-conflict custody disputes. However, the end result is the grandparent and child losing this relationship. Legally, parents are given broad latitude in deciding who is permitted to see their children, and this authority extends to grandparents. Thus, if a parent decides to block communication between a grandparent and grandchild, there is typically little the grandparent can do. However, many states, Illinois included, are starting to recognize the value a grandparent brings to a child by passing laws that grant grandparents some visitation rights following a divorce.

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 Posted on November 17, 2016 in Child Custody

Few people walk away from a divorce happy. Children are especially affected when their parents sever ties — children often feel alone and isolated. In response to these emotions, children tend to withdrawal or act out.

Many states, Illinois included, require parents who are involved in active visitation cases to attend parenting classes. These classes aim to teach parents effective communication skills to help their children better adapt to the changing family situation. Additionally, the classes can help to reduce litigation and conflict between the parents.

As more parents become attuned to the long-term impact of divorce on child development, new parenting time arrangements are becoming more popular.

Co-parenting is particularly hot right now, and entails prioritizing a child's need to maintain a stable relationship with both parents. To make this happen, parents must work together and sustain regular communication with one another so they continue to parent as a team.

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 Posted on November 11, 2016 in Divorce

For better or worse, divorce is an event and concept that is firmly rooted in modern life. Yet while divorce is not a recent invention, divorce does not hold the stigma of previous generations.

A recent article looked at the history of divorce in America and noted that Americans have looked to this legal remedy to end untenable marriages as early as the American Revolution. In fact, Americans connected the right to dissolve union with England with the analogous right to end unions as couples. However, divorce is never an easy decision, now or 200 years ago.

Struggling couples may spend tremendous amounts of time and effort trying to save their relationships, but sometimes remaining together is not a viable option. Once the decision to divorce is made, the practical consequences of untangling two lives come into focus. Who will keep the family car? Should the house be sold? Where will everyone live? These are all questions that must be answered in a relatively short period of time, perhaps even before filing for divorce. At some point, though, addressing the mechanics of asking a Court to end a marriage is necessary, and consequently, understanding what the law requires from a party seeking a divorce is important to the process.

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 Posted on November 03, 2016 in Marital Property

Divorce is a word with big meaning but even greater implications. At its most basic, divorce means the end of a marriage and the accompanying legal rights and obligations carried by married couples. However, when a couple initiates a divorce, they also unlock a series of legal issues that must be addressed before their divorce can be finalized.

Among these issues is the division of marital property — a considerable point of contention, given the importance of financial resources and contributions each spouse made to the marriage. Amassing assets requires hard work, time and sacrifice. Consequently, when divorce threatens to dismantle this hard-won structure, parties tend to push back against giving more than is absolutely necessary.

As a reflection of being a no-fault divorce state, Illinois divides property according to what is equitable or just. Only marital property is subject to distribution. Therefore, determining what exactly is marital property in a divorce case is a key issue.

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 Posted on October 28, 2016 in Child Support

As children grow, their financial needs tend to increase. College tuition is no exception. In today’s world, student loan debts are staggering for new graduates, and many families struggle to financially help their children to go to college. When parents are divorced, the situation can be even trickier, especially when parents do not see eye to eye on the subject.

However, recent revisions to Illinois law have clarified the guidelines for educational support orders, allowing parents to better understand their future potential obligations.

Limits on Payment of College Expenses

As a general rule, a Court can order a parent to pay for a child’s college expenses only if the expenses are incurred prior to the child turning 23. For good cause shown, however, a Court can extend this limitation to the child’s 25th birthday. Additionally, for a student attending the University of Illinois at Urbana-Champaign, a Court may not order a parent to pay college expenses that exceed the cost of tuition, room and board, and any other regular fees.

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