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.

Protect Your Wealth

The most common reason for a postnup is to protect one's assets, especially those who are substantially wealthy or who expect to inherit significant wealth in the future. A postnup can help ensure your assets remain your own and avoid fair and equitable distribution by the court.

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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.
• Fixed-Term Support: Support granted for a set duration in which the paying spouse makes consistent payments to the low-earning spouse to keep them “afloat” while they work toward building themselves up financially. It usually lasts until the low-earning spouse completes job training or education. The court expects the recipient to make a good faith effort toward the completion of their educational goals or achieving self-sustaining employment.

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 Posted on November 03, 2023 in Divorce

Rental properties can be a point of contention in any Illinois divorce. Understanding whether or not a rental property is considered marital property will go a long way in determining how it will be divided during divorce proceedings. Anyone who plans to dissolve a marriage and owns rental properties should also understand Illinois laws and the rights and responsibilities regarding them. An attorney with experience handling these cases will be helpful during a property division hearing regarding your rental assets.

What is Marital Property?

In Illinois, marital property is most property or assets acquired during a marriage. Any property acquired before a marriage is considered non-marital property. Exceptions to marital property considerations are:

• Assets excluded in a premarital or postmarital agreement

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 Posted on October 30, 2023 in Guardianship

Adult guardianship is a legal arrangement where a court appoints one person to make important decisions on either the health and well-being of an individual, their finances, or their estate. This individual will have to be 18 years of age or older and incapable of managing their own life and assets effectively.

As the process for guardianship can take many months, it is not uncommon for a court to grant temporary emergency guardianship to an individual while waiting for an official guardian to be appointed. This provides that individual with immediate protection in the case of threats or other emergencies. An attorney well-versed in Illinois guardian law can better help you navigate the entire process while answering any legal questions you may have.

Why File for an Emergency Guardianship?

Persons with disabilities or impairments who may be incapable of protecting themselves from harm or threats may require guardianship. Emergency guardianship is for those individuals who have a reasonable expectation that while waiting for a full-time appointed guardian, harm could come to them or their estate. So, to safeguard these adults from that harm, an emergency guardianship may be required.

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 Posted on October 24, 2023 in Relocation

It is not uncommon for parents to want to move with their minor children while a family law case is pending. Though it may not affect the case outright, relocating with a child during an ongoing case is possible temporarily. Before final allocation judgment, a court can grant temporary relocation of a child as long as it is in the child’s best interests. Navigating Illinois parental allocation laws can be difficult. An experienced lawyer experienced in such legal matters would be a boon to your case.

Relocating After Parental Rights Allocation is Finalized

Any move after the allocation of parenting rights has been entered will require notification to the other parent. Parents with equal or majority parenting time must obey Illinois relocation laws in this matter, as a move is considered a change in a child’s primary address. It is considered a relocation if:

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 Posted on October 12, 2023 in Divorce

Illinois is a no-fault state. So, regardless of domestic behavior problems or abuse, either spouse can file for divorce at any time. Domestic violence’s impact on divorce is felt more so when it involves children. If you suspect violence or have been on the receiving end of it yourself, seek safety immediately. Once you and your children are safe, your next call should be to a trusted attorney experienced in domestic violence cases.

What Does Illinois Consider Domestic Violence?

Domestic violence is harassment, injury, or threat of injury to a family or household member. Household and family members under Illinois law:

• Blood relatives
• Married couples
• Dating couples or ex-couples no longer dating who share a home
• A roommate
• Individuals with shared children
• People with disabilities

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