Posted on March 09, 2016 in Family Law

Illinois law provides guidelines that the Department of Children and Family Services must follow when placing children in either temporary or permanent homes. The most important qualification is that the placement be in the best interests of each child. However, a new law ensures that family members retain certain rights concerning foster care arrangements.

Current Law

The Illinois Department of Children and Family Services (DCFS) is given discretion in determining what type of environment is in each child’s best interest and making a placement based on that information; however, DCFS is still required to place a child, when appropriate, in the custody of certain individuals, including:

• A relative, if he or she is able to and will continue to be able to provide for the child’s welfare;

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 Posted on March 02, 2016 in Adoption

This year, House Bill 3684, which creates a Foster Children’s Bill of Rights, went into effect in Illinois. The law’s aim is to ensure that all children and adults who are in the custody of the Department of Children and Family Services, and are placed in foster homes, have access to the same rights as all other citizens.

Rights and Privileges

The basic rights afforded to foster children include the ability to:

• Live in a safe, healthy and comfortable home;
• Be treated with respect and be free from physical, sexual or emotional abuse or corporal punishment;
• Receive healthful food, adequate clothing and an allowance;
• Receive dental, medical, vision and mental health services;
• Refuse medications unless authorized by a doctor;

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 Posted on February 22, 2016 in Grandparent Rights

On January 1, last year’s changes to the Illinois Adoption Act were implemented across the state. The changes include amendments concerning who is allowed to seek access to personal information about adults who were previously adopted or surrendered to the state. Sometimes, years after an adoption takes place, one or both parties involved are interested in making contact with the other. This can be a difficult and emotional process. Therefore, if you are considering making contact with an adopted biological relative, then contacting an experienced family law attorney who will handle the issue with skill and sensitivity is essential.

Amendments

The Illinois Adoption Act authorizes the Department of Public Health to establish a registry that allows mutually consenting members of birth and adoptive families to exchange identifying information. Previously, biological grandparents were not permitted to file applications requesting such an exchange. The recent amendments change that and allow birth grandparents to file requests if a birth parent has died. The birth grandparent may file a Registration Identification Form or an Information Exchange Authorization if he or she submits:

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 Posted on February 15, 2016 in Spousal Support

In some marriages, one spouse is primarily dependent on the other for monetary support. This can lead to troubling consequences in the event that a couple decides to pursue a divorce. However, in such circumstances, dependent spouses can seek temporary support to ensure that they will be able to financially support themselves or their children during the period of time in which divorce proceedings are pending — a process that could take months or even years. Revisions to the Illinois Marriage and Dissolution of Marriage Act (IMDMA), which went into effect January 1, changed some of the procedural requirements for obtaining such temporary support.

Temporary Support

In order to receive an order of temporary support, a party must submit a petition and provide an affidavit containing the factual basis for the relief requested. The financial affidavit must be supported at the time of its submission by documentary evidence including:

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 Posted on February 08, 2016 in Domestic Violence

Domestic violence is a serious problem — a problem which can have a devastating effect on children and families. Victims of domestic violence may seek protective orders to help them avoid contact with their abusers. Additionally, domestic violence can have an effect on child custody proceedings and can mean the loss of parenting time, visitation, and even, in extreme circumstances, parental rights.

What is Domestic Violence?

Domestic violence, under Illinois law, is abuse against a family or household member. Abuse does not mean just physical abuse. Abuse also includes mental cruelty, harassment, intimidation, threats and controlling behaviors. A parent’s reasonable direction of a child, however, does not constitute domestic violence.

Family or household members, for purposes of the domestic violence law, include:

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 Posted on February 01, 2016 in Child Custody

In any divorce with minor children, or in any case involving time-sharing with a minor, Illinois law requires that the parents implement a parenting plan. Parenting plans are documents outlining parenting time and decision-making responsibilities. Moreover, parenting plans are designed to ensure that both parents have the opportunity to foster relationships with their children and share in childrearing.

What Do Parenting Plans Include?

Parenting plans deal with parenting time and decision-making. At a minimum, parenting plans in Illinois must include provisions addressing the following:

• The child’s living arrangements, parental visitation schedules and contact schedules;
• An allocation of decision-making authority regarding matters such as education, religion, health care and extracurricular activities;

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 Posted on January 25, 2016 in Marital Property

A home can be the most valuable asset a couple owns. Moreover, spouses may also have emotional ties to the marital home. In a divorce, determining who gets the couple’s home, or whether to sell it, is one of the most important considerations.

Equitable Distribution

In an Illinois divorce, a couple’s marital property is divided under the principles of equitable distribution. This means that the division will be fair, although not necessarily equal. Since only marital property is divided, a house is often subject to division, but not always.

If the home was purchased before the marriage, the property will generally be separate property and will not be divided in a divorce. However, if a home is titled in both spouses’ names, or was purchased during the marriage, then the home is considered marital property and is subject to division. If a house was purchased with both marital and separate property, then the spouse contributing the separate property may have a right to reimbursement for that amount.

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 Posted on January 20, 2016 in Adoption

Sometimes, birth fathers are ignored when it comes to adoption proceedings. However, in Illinois, they have important rights with legal protections. Depending on the father’s legal status, a father may be required to give consent to an adoption for the adoption to proceed.

Legal Fathers

There are several ways to become a legal father in Illinois. If a child’s father was married to the mother at the time of the child’s birth or conception, then he will automatically become the child’s legal father. He may also establish paternity by signing a Voluntary Acknowledgment of Paternity (VAP) form, through a Department of Public Aid administrative order if the mother is receiving public assistance, or through filing a petition with the Court.

Legal fathers have the same rights to their children as mothers do. Therefore, a father has the same right as the mother to be notified of and participate in any adoption proceedings. In order for an adoption to be finalized, the father’s parental rights must be terminated. This can be done voluntarily, by signing a Surrender or Consent to Adoption. If the father refuses to permit the adoption, but the Court deems him unfit to care for the child, then the Court may terminate the father’s parental rights.

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 Posted on January 11, 2016 in Collaborative Law

Divorces are often contentious proceedings. Disputes regarding important issues such as property division, child custody and support payments can be exacerbated by the litigation process. Collaborative divorce, however, is an alternative to a traditional litigated divorce. In a collaborative divorce, the spouses do not go to Court to resolve issues. Instead, with the help of a lawyer trained in collaborative law, the spouses come to an agreement with each other about the terms of the divorce. Then they go to Court to finalize the dissolution.

Process

In Illinois, no statutes govern the collaborative divorce process. In a collaborative divorce, each spouse retains his or her own lawyer. The spouses agree to work together in good faith to resolve the issues associated with their divorce and to honestly disclose all pertinent information. They meet together, with their lawyers, to discuss the issues and reach an agreement.

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 Posted on July 31, 2014 in Divorce

A bill winding its way through the Massachusetts legislature wants to ban couples going through a divorce with children from having sex or even dating until the divorce is finalized, unless the Court grants permission. Illinois has no law prohibiting dating during the divorce proceedings but that does not mean that dating during divorce is a good idea.

Why Dating During Divorce is a Bad Idea

There are a number of emotional and practical reasons why dating before the divorce is finalized may not be a good idea.

• You may not be emotionally ready for a new relationship;
• Your children need stability more than ever; and
• A new relationship creates more instability;
• You may not have time to devote to a new relationship.

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