Posted on September 20, 2024 in Family Law

When parents are married, the court does not generally intervene in their division of household and child-raising responsibilities. When two legally recognized parents in Illinois are not married, they have a parenting plan that outlines how parental responsibilities are allocated and how much parenting time, otherwise known as visitation, each will be granted. However, not all families are the same, and in certain cases, people who are not the child’s parents can request visitation. This article will review some non-parent relatives who can be granted visitation rights under certain circumstances. If you want to pursue non-parental visitation, contact a knowledgeable Lombard, IL child custody attorney to learn more.

Illinois Grandparents Seeking Visitation

Grandparents can petition Illinois courts for visitation with their grandchild. As in all matters that impact a child, the court will only consider this request if it can be convinced that it would serve the child’s best interest. Grandparents can seek visitation only under certain conditions. For example, if the child’s parents were never married, do not live together, or one has been missing or dead for at least three months.

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 Posted on September 18, 2024 in Child Custody

When parents go through a divorce, it can take a serious toll on the family - financially, emotionally, and even logistically. With spouses scrambling to figure out where they each will live and how new accommodations might affect their children, it is no wonder that tensions can run high. While there are typical arrangements that most families work towards, all people are different so one solution will never be the right answer for everyone. In divorce, as in all areas of life, it can help to think creatively to come up with a solution that could suit your family’s unique needs. If you and your spouse are willing to work together to find an outside-the-box solution, speak with a Schaumburg, IL family law attorney about whether birdnesting could be a good option for you.

What Does Birdnesting Mean?

When parents go through a divorce, and both have parenting time, a typical arrangement includes one of them staying in the family home and the other moving somewhere nearby. The child takes turns staying with each parent on the preappointed dates. It generally means that the child needs to make sure to bring important things for special days like their after-school activities or special school projects.

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 Posted on September 17, 2024 in Child Custody

Custody battles can take a toll on a family. However, sometimes, one parent fights for as much time as possible because they truly believe the other parent cannot provide a safe and healthy environment. If your spouse has a history of mental illness, substance abuse, addiction, or some other issue preventing them from raising your child in a way that suits their best interests, speak with a dedicated Arlington Heights, IL divorce lawyer about requesting a court-ordered psychological evaluation.

How is a Psychological Evaluation Requested?

If there is any concern about a child being placed in a harmful situation with an unfit parent, a psychological evaluation can be ordered to help the court determine whether the concerns are valid. These evaluations can be requested in one of two ways:

• By a parent: Parents have the right to request an evaluation if they are concerned that the other parent poses a risk to the child because of their mental health issues. It is important to note that an evaluation is expensive, and the person requesting it generally needs to pay for it along with any wages the other parent lost, given the time spent being evaluated.

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 Posted on September 17, 2024 in Estate Planning

When people think about estate planning, trusts and wills often come to mind. There is a big focus on setting up arrangements in the present to leave assets behind for loved ones in the future. However, a major topic that is sometimes overlooked is funeral planning. While contemplating one’s own death is not generally a favorite pastime, preplanning a funeral can be an excellent way to ensure you get the final sendoff you want without loved ones needing to scramble to make proper arrangements. If you are ready to think about planning your funeral, a qualified DuPage County, IL estate planning lawyer can offer useful guidance.

Why Should I Plan My Funeral?

When you plan your future funeral, you get the benefit of having arrangements that are:

• Customized: You can tailor your service to suit your preferences. Whether you have opinions about religious aspects, aesthetic factors, musical choices, or anything else, they can all be incorporated into your funeral.

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 Posted on September 11, 2024 in Child Custody

Most parents send their children to school, but homeschooling is growing in popularity. It is a big commitment to take responsibility for your child's education rather than entrusting it to trained teachers. While certain standards must be met, the teaching parent is largely free to tailor a curriculum to the child’s needs.

Homeschooling can be beneficial, but it has its drawbacks too, with limited socialization and potential for lower-quality teaching. It can become a problem for parents who share custody but are not on the same page about education. If your ex opposes your homeschooling your child, an experienced DuPage County, IL family law attorney can help navigate this.  

Illinois Parental Responsibilities Explained

Child custody in Illinois is divided into two categories:

• Parental responsibilities: This includes the ability, as well as obligation, to decide about things that can have a big impact on the child. One of these big decisions the parents have the right to make is about the child’s education.

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 Posted on September 09, 2024 in Family Law

Many parents and individuals yearn to welcome a child into the loving embrace of their homes. Adoption is one of the most generous ways to do this. While the exact adoption process that a person who hopes to adopt (also known as an "adoptive parent") must undergo will depend on what type of adoption that parent is pursuing, there is no adoption that will not be made easier with the help of an experienced Illinois adoption attorney. If you are hoping to adopt and want to know more about the process, contact the family law team at A. Traub & Associates to schedule a consultation.

What Types of Adoption Are There? 

When most people think of adoption, they tend to think of a newborn child going directly home from the hospital with the child’s adoptive parents. While this is indeed a common adoption scenario, there is a surprising number of other available types of adoption as well. These include: 

• Public adoption (adopting a child from a foster care placement)

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 Posted on August 30, 2024 in Estate Planning

When it comes to estate planning, many business owners often overlook the importance of business succession planning. However, this type of planning ensures that your personal or family business continues to thrive even in your absence. Contact a lawyer to explore why including business succession planning in your estate plan is vital, especially for Illinois entrepreneurs.

Protecting Your Legacy

One of the primary reasons for business succession planning is to protect the legacy you have built over the years. A well-structured plan ensures that your business continues to reflect your vision and values. Business succession planning also ensures:

• The continuity of operations – A clear succession plan prevents disruptions in business operations during transitions.

• The preservation of relationships – Maintaining relationships with clients, customers, and employees is easier when a clear plan is in place.

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 Posted on August 28, 2024 in Family Law

Even if you do not follow Hollywood gossip, it would be hard not to have at least heard about "Bennifer" or "Bennifer 2.0." These are the names that the media dubbed the on, off, on, and off-again relationship of Jennifer Lopez and Ben Affleck. The couple had a much-publicized relationship and engagement beginning in 2002. They called off the engagement in 2004, and Lopez went on to marry and divorce three times, while Affleck went on to have a 13-year marriage with another Jennifer – actress Jennifer Garner.

In the spring of 2021, the media rumor mill began rumbling that the couple were dating again and a year later, the couple wed. Now, just two years to the date of their wedding, Lopez has filed for divorce. What has surprised many Illinois divorce lawyers and lawyers nationwide about the action is that the high-net-worth powerhouse couple did not sign a prenuptial agreement before the marriage.  

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 Posted on August 25, 2024 in Child Custody

The state of Illinois requires parents to complete a court-approved parent education course whenever they establish a first-time parenting plan. This applies to both married parents going through a divorce and couples who were never married but are now requesting a custody ruling by the court. In some cases, the court may require parents to take the course again if there has been a request for modification to the original court-approved or court-ordered custody plan.

If a parent does not complete the course, his or her parenting time could be impacted. Your Illinois family lawyer can help guide you through which class is appropriate for your situation.

How Do the Classes Work?

The purpose of the class is to provide parents with the information and tools to help them co-parent in a cooperative manner and to help them provide support for the child as the family navigates through the divorce/breakup process.

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 Posted on August 19, 2024 in Maintenance

Divorce is usually never an easy situation to deal with, especially when it comes to financial matters. One of the most significant financial considerations in a divorce is alimony, also known as spousal maintenance. An Illinois lawyer can help you learn how alimony is calculated and how to navigate this area of your divorce more effectively.

Factors Considered in Alimony Calculations

Illinois courts consider several factors when determining whether to award alimony and how much to award. These factors encompass both financial and personal aspects of the marriage. The court examines the income and property of each spouse, as well as their individual needs and earning ability.

The calculation also includes any decrease in earning potential resulting from household duties, such as raising children. If one spouse will be paying the other alimony, the court considers the time necessary for the spouse seeking maintenance to acquire education or training for appropriate employment.

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