Posted on March 26, 2020 in Child Custody

Divorce involving children can be stressful regardless of the situation, but divorce involving parents who disagree on child custody issues can be especially difficult. In Illinois, the term “child custody” has been replaced with the “allocation of parental responsibilities” and “parenting time.” Divorcing parents are expected to agree on a strategy for how parental responsibilities and parenting time will be managed after the divorce in their official Illinois “parenting plan.”

However, many parents do not see eye-to-eye regarding this plan. Parents may disagree on which parent will make major decisions about the child’s life and upbringing, the amount of time that the child spends with each parent, household rules, and more. If you are in a contentious child-related legal dispute, the following tips may help you to cope.

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 Posted on March 20, 2020 in Child Custody

The coronavirus pandemic is not just impacting grocery stores and group gatherings. It may also be affecting parental responsibilities (child custody) among divorced parents. On March 16, 2020, Illinois Governor J.B. Pritzker declared a state-of-emergency decree in response to COVID-19. As a result of the declaration, all schools in Illinois are closed until further notice, leaving parents unsure of what they need to do to provide care for their children. Most divorce orders outline when children will stay with each parent if schools are not in session. However, those orders are based on pre-arranged off-days and holiday schedules, not unplanned notices based on a national health crisis. To ensure that your parental rights are protected while addressing your children's health and safety, you should consult with a family law attorney to determine how to proceed.

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 Posted on March 20, 2020 in Estate Planning

One of the most important decisions in the estate planning process is selecting who will be named as executor of the estate. The executor is the person who is responsible for overseeing and protecting the assets of the deceased person. He or she is responsible for ensuring that the wishes of the decedent are carried out, as well as maintaining any property of the estate until disbursement, paying the debts of the estate, and any taxes owed. It is critical for the person who is appointed executor to understand how to manage the estate. If they mismanage estate assets that add up to a loss to the beneficiaries of the estate, they can be held liable for those losses.

Important Duties

Unless arrangements have been made before the person’s death, it is typically the executor’s responsibility to handle the financial arrangements for the deceased’s funeral and burial expenses. The funeral parlor also provides copies of the death certificate to the executor. It is important to obtain several copies of the death certificate since a copy will be necessary in order to access financial accounts and canceling government benefit checks (i.e. Social Security). A copy is also required to be filed with the final federal tax return of the estate.

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 Posted on March 16, 2020 in Divorce

Getting a divorce can be a very complicated process. It may be difficult to think about the decision to keep your married name or revert back to your maiden name when there are so many other pressing issues that need to be resolved. Because of this, many women choose to continue using their married names for the time being. However, if they choose to go back to using their maiden names, a skilled family law attorney can help you complete the legal steps to do so.

Reasons for Changing Your Name

Changing your last name after your divorce is one of the first steps in getting your original identity back. Whether this decision is emotionally difficult or easy, consider these factors when deciding:

1. Your children: Many mothers do not want to have a different last name than their children. However, if you and/or your children wish to change your name, the process to do so is neither challenging nor time-consuming. If you believe your kids may want a say in this decision, be sure to communicate with them first.

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 Posted on March 12, 2020 in Guardianships

The World Health Organization estimates that about 50 million people throughout the world currently suffer from dementia. Alzheimer’s disease accounts for about 60-70 percent of all dementia cases. Watching a loved one with dementia suffer from memory loss and cognitive impairment can be heartbreaking, especially if that loved one is your spouse. If your husband or wife has dementia, Alzheimer’s disease, or another health issue that affects cognitive function, you may worry about his or her ability to make important decisions. One way you may obtain the ability to make decisions on behalf of your spouse is through legal guardianship.

Types of Guardianships in Illinois

When a person cannot communicate his or her needs or make rational decisions, a loved one may choose to establish guardianship so that he or she can make decisions on the person’s behalf. The Illinois Probate Act describes several types of guardianship including limited guardianship, plenary guardianship, guardianship of a person, guardianship of the estate, and more. If your spouse has dementia but is still able to make some decisions on his or her own, a limited guardianship may be appropriate. If you become a "limited guardian," you will be permitted to make any decisions about your spouse’s finances, medical treatment, and personal care that he or she cannot make on his or her own, but the scope of those decisions will generally be limited by the court that grants the guardianship.

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 Posted on March 09, 2020 in Divorce

It is only human nature for children to want their parents to remain married "till death do us part." However, in some cases, that may not be possible. Regardless of whether infidelity played a role or a couple simply grew apart, it may be in everyone’s best interest to part ways. According to the American Psychological Association, approximately 40–50 percent of married couples in the United States get divorced. Telling your children about your divorce may be one of the toughest conversations you will ever have. Despite the difficulty and intense emotions that may arise, keeping your child in the know is crucial to a smooth transition.

Discussing Your Divorce with Your Children

Whether you think the divorce will come as a shock to them or not, keep these tips in mind when breaking the news to your kids:

1. Timing is everything. Avoid telling your children about your divorce until you and your spouse are absolutely sure you plan on filing or have already filed. There is no perfect time or way to tell your kids about your divorce, but when you do, make sure the decision is concrete.

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 Posted on March 05, 2020 in Estate Planning

Also referred to in the state of Illinois as a POLST-practitioner orders for life-sustaining treatment-a do-not-resuscitate order can give you and your loved ones great peace of mind knowing your health wishes are officially documented should you be unable to make decisions about your own health matters. In the event of severe injury or illness, a DNR becomes a valuable advance directive document, so you may decide to include one when making your other estate planning arrangements.

How a DNR Is Different

Generally, federal law requires that every person admitted to a health care facility is informed of their to right to make an advance directive. The Patient Self-Determination Act requires not all, but many, providers to present information on advance directives to patients under their care. Unlike other advance directives, such as a power of attorney or living will, a do-not-resuscitate order exists to specifically address the use of cardiopulmonary resuscitation (CPR) should your heart or breathing stop. Additionally, its purpose is to express your desires regarding any life-sustaining treatment.

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 Posted on March 02, 2020 in Child Custody

For a couple with children, a divorce or separation can be particularly challenging. In addition to the difficulties inherent to every other marital dissolution, such as property division and alimony, divorcing parents are also faced with the prospect of sharing parental responsibilities. As with most aspects of divorce, the court can and will determine arrangements for dividing these responsibilities, but only if necessary. Illinois courts and the law much prefer that divorcing parents reach an agreement of their own, as a negotiated arrangement is more likely to be followed than one simply imposed by a judge. Drafting a parenting plan that works well for you, your spouse, and your child is a vital part of the divorce process for parents.

Decision-Making Authority

Your parenting plan must clearly lay out the rights and responsibilities for both you and your soon-to-be ex-spouse regarding your child. Recent changes to the law in Illinois have eliminated the concepts of sole and joint child custody, so the two of you will need to decide who will be responsible for what, especially regarding significant issues like education, health care, religious training, and extracurricular activities. One of you may be responsible for all significant decisions, they may be split between you, or you may choose to make all such decisions together-presuming that communication is strong enough to facilitate cooperation.

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 Posted on February 28, 2020 in Estate Planning

Choosing a beneficiary for your will, trust, or life insurance policy might at first seem like a relatively simple task. For some, a specific person automatically comes to mind--someone they know, care for, and trust--and the decision is made. For others, though, the task can feel tedious. Depending on your financial circumstances, designating someone as beneficiary can place a significant amount of responsibility on the inheritor.

A Multi-Faceted Inheritance

Notice the word inheritor. Typically, the beneficiary of a will, trust, or life insurance policy is set to inherit something to their advantage. They receive benefits, profits, or funds from a particular account or policy, designated to them by whatever estate planning tool you choose to utilize. While this can certainly be a positive turn of events for the inheritor in the midst of your passing, it can still mean a lot of responsibility, as receiving funds can also mean receiving a burdensome responsibility.

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 Posted on February 27, 2020 in Family Law

Even when a separating couple has the best intentions to part ways and co-parent peacefully, the end of a relationship can create tense and stressful situations. Unlike spouses who are divorcing, a couple who is not married can separate without the need to legally dissolve their relationship. However, if a couple has a child together, the end of a relationship requires more planning and decision-making. This process can become contentious, especially if the parties disagree on parenting matters such as the allocation of parental responsibilities and parenting time. If you are facing a child custody dispute, a family law attorney can help you explore your options and advise you of the steps you can take to achieve a favorable outcome.

Establishing Paternity

For a married couple, there is usually no need to establish parental rights. According to Illinois law, when a child is born to a married couple, the spouses are assumed to be the child's legal parents. However, if a child is born to an unmarried couple, the father may not automatically be considered the child's legal parent. In these cases, paternity may need to be established either through a Voluntary Acknowledgement of Paternity (VAP) form, through an Administrative Paternity Order, or through an Order of Paternity issued through the courts. After the father's parental rights have been established, the parents may determine how to address custody of the child.

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