Posted on January 26,2024 in Paternity

Understanding why paternity is important is crucial to a child's life and the parents. It is essential where divorce is concerned and all the issues accompanying it. A court will decide on all things related to a child that is in that child's best interest. If an alleged father has not yet established paternity, they may be left out of all decisions regarding the child. That is because the court will only recognize the child's legal father when it comes to custodial rights. For help with establishing paternity, it could help to speak with an attorney experienced in family law.

Custodial Rights

When paternity is established, the father can then be granted custodial rights to his children. These rights include allocating parental responsibilities such as parenting time and decision-making and getting your name on a child's birth certificate. Parenting time refers to visitation and time spent with your children that would otherwise not be granted without first establishing paternity. The same can be said for decision-making rights over your child. With these legal rights, you will have a say in your child's upbringing that is enforceable by the court.

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 Posted on January 16,2024 in Child Support

Whether you are the culprit or if it is being done to you, withholding a child’s time from their parent just because that parent is behind in child support payments is wrong. It may be anger-inducing, but you cannot take matters into your own hands concerning court-ordered actions. By withholding parenting time, you are setting yourself up to be seen in poor standing by the Illinois court. Not paying child support can see you being held in contempt by the court with the possibility of seeing interest added to your owed payments.

The laws governing parenting time and child support can be complex. As such, it is important to include an attorney in your decisions so that they may help you steer clear of legal troubles down the line.

Withholding Parenting Time

Withholding or denying a parent’s right to visitation with their child is considered visitation interference, which is unlawful in the state of Illinois. It does not matter the reason; by violating a court order, you are placing yourself in the crosshairs of the law. A first and second visitation interference offense is guilty of a petty offense. However, continued denial of parenting time becomes a Class A misdemeanor. A Class A misdemeanor carries a possible sentence of up to one year in prison along with a maximum fine of up to $2,500.

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 Posted on January 04,2024 in Spousal Maintenance

Either through spouses’ own terms or a court order, spousal maintenance is a very real possibility after a divorce. However, sometimes, things happen that can change the need for maintenance, and modifications or termination may be required. The legalities of maintenance can be complex and overwhelming. An experienced attorney can answer any questions or concerns you may have regarding maintenance payments.

What is Spousal Maintenance?

Often referred to as alimony, spousal maintenance is support payments that one spouse provides to the other following a divorce. The spouse ordered to pay will usually be the one who is better off financially, while the recipient may not be well off enough to maintain their standard of living as if they were still married.

The Illinois court determines maintenance eligibility and, if awarded, is legally binding and enforceable by law. In most cases, the duration for maintenance is finite and will end once the court-ordered obligation has been achieved.

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 Posted on December 28,2023 in Child Custody / Allocation of Parental Responsibilities

Parents are encouraged to cooperate after a divorce and develop a parenting plan they can submit to a judge for approval. This should not be an issue in an uncontested divorce, but there is still mediation for parents who cannot cooperate for whatever reason. When parents cannot agree, a judge will intervene and establish a parenting plan that they feel is in the children's best interest. An attorney with experience in family law can help you come up with a parenting plan, including all of the essentials.

Parenting Plan: What is it?

Parenting plans are documents that both parents or a judge can create that detail who will make decisions regarding their children and how they can be made after a divorce. A proper parenting plan will detail parental responsibilities, which include:

• Decision-making

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 Posted on December 22,2023 in Guardianship

Grandparents are often an influential and loving presence in a developing child's life. In some respects, grandparents can act as secondary caregivers to their grandchildren. However, when the parents are unable or incapable of providing proper care to their children, for whatever reason, it is not uncommon for a grandparent to step in and fill the role. A grandparent interested in becoming a grandchild's guardian will wish to speak to an attorney regarding the legality of what must be done.

Reasons Grandparents May Want Guardianship of Their Grandchildren

When parents are deemed unfit to raise their children, it is because their presence in a child's life is no longer considered in that child's best interest. A grandparent may feel that a child is in immediate danger while residing with a parent or that the parent cannot adequately care for the child. The parents could fall into financial hardships, become incarcerated, find themselves addicted to drugs, suffer a mental illness, or even pass away, making all good reasons why a grandparent would want to take on the role of legal caregiver of their grandchildren.

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 Posted on December 14,2023 in Child Custody / Allocation of Parental Responsibilities

Many agreements can erupt between two spouses when it comes time to end their marriage. Things such as spousal maintenance and property distribution are major decisions to be made before a marriage can end. Parents have additional worries regarding parental responsibility allocation and child support. The allocation of parental responsibilities will typically carry many complications and bring up many contentious issues, as parents may have different ideas on how to raise their children. A family law attorney can greatly assist when tackling these issues in divorce.

Allocation of Parental Responsibilities? What Happened to Child Custody?

The term "custody" was removed from Illinois statutes concerning children and their well-being following a divorce. Instead, Illinois law now uses the term "allocation of parental responsibilities" as the overarching category. Inside the allocation of parental responsibilities are the terms significant decision-making and parenting time (formerly visitation). When moving a child from their current residence, removal has been changed to "relocation."

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 Posted on December 07,2023 in Parenting Time (Visitation)

The critical factor in an Illinois court's decision on allocating parental responsibilities, including parenting time, is the child's best interest. A parent who creates an environment that negatively affects a child's mental, physical, emotional, or moral well-being may incur limitations to their access to the child following a divorce. A child custody and divorce attorney can provide additional information regarding decision-making, parenting time, and other factors that allocate parental responsibilities.

What is Parenting Time?

Formerly physical custody, parenting time outlines how much time a parent can spend with their child. Usually, it will involve a rigid schedule set forth by either the parents themselves or the court. Parenting time is excellent for maintaining and cultivating the parent-child bond post-divorce.

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 Posted on November 30,2023 in Divorce

There are many reasons that a marriage can fall apart and lead to a divorce. Life is unpredictable, and no one knows what the future holds. When you are unhappy in your relationship, it is up to you to weigh the pros and cons on how best to proceed. What about it making you unhappy? Can it be fixed? In the event a divorce is imminent, an experienced divorce attorney can offer their legal services to help guide you throughout the proceedings.

Physically Abusive Spouse

Anything from physical harm to emotional manipulation can be considered abuse. No one should have to deal with any form of abuse from a spouse. Once a pattern of abuse has been established, it does not take long for it to become an endless cycle. If you are experiencing abuse in your marriage, it may be time to cut things off for good. Seek counseling, seek help, seek a lawyer.

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 Posted on November 27,2023 in Postnuptial Agreements

Postnuptial agreements and premarital agreements are almost identical. The primary difference is that premarital agreements are generally used to protect your past and current assets before marriage. In contrast, a postnuptial agreement can protect future assets after the wedding occurs. For more in-depth coverage of premarital and postnuptial agreements and their uses, consult an experienced family law attorney.

What is a Postnuptial Agreement?

Often referred to as a postnup, a postnuptial agreement is a legal contract usually outlining how assets will be divided in the event of divorce. It is a contract written and signed by both spouses after a couple is legally wed. They have become increasingly common in recent years and provide numerous reasons for their existence that can benefit any marriage.

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 Posted on November 14,2023 in Spousal Maintenance

Known as alimony in most other states, spousal maintenance is meant to support one spouse during or after a divorce is finalized. The reasons for a spousal maintenance order will vary, but generally, it is to maintain their current standard of living. Only in extreme cases will spousal maintenance be granted indefinitely. To better understand the reasons for spousal maintenance, you should consult an attorney with experience in divorce cases.

Types of Spousal Maintenance

• Temporary Support: Typically only awarded while a divorce case is still pending. It enables the low-earning spouse to maintain their current financial status during the divorce process.

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