Posted on August 17, 2024 in Estate Planning

There is a misconception that the only people who need to have an estate plan in place are those who are older or have significant assets. The truth is that every adult should speak with an Illinois estate planning lawyer to ensure their family will be protected should something happen to them.

One common group of people that A. Traub & Associates helps with estate plans is single parents. Many of our clients are going through divorces and child custody issues and seek out the legal help of our family lawyers. However, our estate planning attorneys know that it is especially important for single parents to have an estate plan in place to protect their minor children.

Do I Need to Choose a Guardian?

If your child’s other parent is active in their life, either through shared custody or frequent parenting time, then the likely outcome should something happen to you is that your child will be with the other parent full-time.

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 Posted on August 16, 2024 in Family Law

Paternity establishment in Illinois is not just a matter of biology – it is a legal process that shapes the future of families. When a child is born to unmarried parents, establishing paternity becomes a vital step that affects legal rights, financial obligations, and personal relationships. This process can have life-changing consequences for children, mothers, and fathers. An Illinois lawyer can help you figure out any paternity issues that you may have.

Methods of Establishing Paternity

Illinois law provides three primary methods for establishing paternity:

• Voluntary Acknowledgment of Paternity (VAP): This method involves both parents signing a legal document affirming the father’s paternity. It can be completed at the hospital following the child’s birth or later at a designated state agency.

• Administrative Paternity Order: The Illinois Department of Healthcare and Family Services can issue this order, often based on genetic testing results. Either parent may initiate this process.

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 Posted on August 12, 2024 in Family Law

Surrogacy can bring immense joy to intended parents. However, you must be prepared for unexpected medical complications that may arise during the process. An Illinois lawyer can help you understand and potentially prevent surrogacy challenges.

What are Some Potential Complications of Surrogacy?

Surrogacy, like any pregnancy, can involve various medical issues. Some common complications include gestational diabetes, preeclampsia, premature labor, multiple pregnancies, and placenta problems. Being aware of these possibilities allows all parties to prepare and respond effectively if they occur.

For example, consider a scenario where a surrogate develops gestational diabetes at 24 weeks of pregnancy. This condition requires careful monitoring of blood sugar levels and may require dietary changes or insulin therapy. The surrogate’s medical team must work closely with the surrogate to manage her condition, potentially increasing the frequency of check-ups and ultrasounds to monitor the baby’s growth. The intended parents need to be informed about the situation, its potential impacts on the pregnancy, and any additional medical costs that may arise.

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 Posted on August 08, 2024 in Family Law

Egg donation agreements are legally binding contracts that outline the terms and conditions between intended parents and egg donors. While these agreements are designed to protect all parties involved, circumstances may arise where terminating the contract becomes necessary. An Illinois lawyer can help you with the legalities of terminating an egg donor agreement, providing important assistance for both intended parents and donors during a sensitive time.

Make Sure You Understand the Grounds for Termination

Egg donor agreements typically include specific clauses that outline valid reasons for termination. Several common grounds for terminating an egg donation agreement include medical issues, breach of contract, mutual consent, legal or regulatory changes, and instances of fraud or misrepresentation.

Review your specific agreement carefully, as termination clauses may vary. Each agreement is unique, and the grounds for termination should be clearly stated within the document. Understanding these grounds is the first step in determining whether you have a valid reason to pursue termination.

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 Posted on July 31, 2024 in Powers of Attorney

People in certain professions know they risk serious injury or death when they go to work. Roofers, pilots, police officers, firefighters, and others face the real possibility that they may suffer a major injury that leaves them incapacitated. Even for those in less dangerous lines of work, it is impossible to tell the future. A sudden car accident, fall, or illness can affect a person’s ability to make decisions for himself or herself, or what the law calls "capacity."

A person who is incapacitated is generally unable to make sound decisions about his or her own health. That is why many people hire an Illinois estate planning lawyer to draft a medical power of attorney, also known as an advanced directive. This is a legal statement in which an individual authorizes an agent to make medical decisions on his or her behalf if he or she becomes incapacitated.

Selecting an agent should be done carefully. He or she will be able to approve or reject treatments for you and have authority over your medical care. It is therefore important to make sure you are certain of your choice.

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 Posted on July 30, 2024 in Child Custody

There are two components to child custody in Illinois. One part is physical custody, referred to as parenting time by Illinois law. The other part is legal custody, also known as parental responsibilities, which refers to making major decisions for the child, namely:

• Decisions about the child’s education

• Decisions about the child’s health

• Decisions about the child’s religious upbringing

Coordinating parenting time and splitting parental responsibilities is difficult, and it is not uncommon for divorced parents to become frustrated while figuring out child custody. There may be fights, frustration, and hostility, but hopefully, the parents can resolve their issues for the good of the child.

Sometimes, however, a parent may resort to parental alienation. This can negatively affect the child and the parent-child relationship. Illinois law even looks at parental alienation as a form of abuse. This article will discuss what parental alienation is and how it can affect child custody. If you suspect your ex-parent is engaging in parental alienation, speak with an Illinois child custody attorney to discuss your legal options.

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 Posted on July 25, 2024 in Child Custody

Illinois law takes parental rights very seriously. The state views both parents as essential to the child’s life and development, mother and father in equal measure. By default, both parents have equal rights and responsibilities to the child. Courts do not look kindly on a parent who tries to undermine the parental rights of the other.

However, sometimes a court will terminate the rights of a parent. This is a serious legal procedure that ends a parent’s right to his or her child. Sometimes it is initiated by a parent voluntarily, and sometimes it is involuntary. This article will discuss parental rights termination and when it occurs. Consult an Illinois parental rights attorney with any questions about parental rights or obligations.

What Are Parental Rights?

Parents have a right to physical custody of their child, known in Illinois law as "parenting time." Both parents have an equal right to physical custody by default.

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 Posted on July 22, 2024 in Divorce

Many things can complicate the divorce process. For example, a child who has special needs can affect a child custody case; high-value or complex assets can impact how marital property is divided; a spouse who is on active military duty overseas can hold up the divorce timeline.

A criminal record can also complicate the divorce process in more ways than one. This article will discuss those impacts, though questions about how a criminal record can affect divorce should be directed to an Illinois divorce attorney.

Domestic Violence

A record of domestic violence or spousal abuse on the part of either spouse can affect a divorce in several ways:

• Mediation, a form of alternative dispute resolution that helps couples reach settlements outside of court, might not be considered a viable option. If one of the spouses has been known to abuse the other, it may not be appropriate to have both spouses negotiate with each other in a room. In that case, the divorce may be litigated in court, which will cost both spouses significant time and money.

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 Posted on July 19, 2024 in Child Custody

Parenting a child after divorce can be difficult. Custody schedules, decision-making, and emotional adjustments are just a few of the issues that parents and children must deal with after divorce. Some of these are addressed in the parenting plan, a document every divorcing parent must submit to the court for approval. A parenting plan tells the court how you plan to co-parent. This includes how you will make decisions about the child and how the parents will divide parenting time, also known as physical custody.

One of the biggest challenges with post-divorce parenting can be communication with your ex-spouse. This is especially true if poor communication was the reason the marriage broke down in the first place. A communication deficiency can make it very difficult for the parents to adhere to the parenting plan, which is likely to affect the child negatively.

That is why some parents work with a parenting coordinator. This article will discuss what a parenting coordinator does and when one may be necessary. Contact an Illinois child custody lawyer with any questions about parenting coordination or parenting plans.

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 Posted on July 14, 2024 in Estate Planning

You may have heard the term "estate plan" without being sure what it means, or you might think only the elderly or wealthy need to have one. The fact is, everyone who has children or assets needs an estate plan. If you do not make your wishes known while you can, someone else will make them once you are gone.

Although some projects are suitable for DIY, estate planning is not one of them. Planning your estate is best done with the help of an experienced lawyer.

What Is Estate Planning?

Your estate includes all the possessions and assets you accumulate through life, such as real estate, cars, stocks, bank accounts, and personal items. Estate planning lets you:

• Decide how you want those assets distributed after your death

• Preserve the value of your assets

• Minimize tax burdens for you and your beneficiaries

• Designate someone who can act on your behalf if you become incapacitated

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