Posted on January 09, 2020 in Child Custody

The dissolution of a marriage not only affects the divorcing couple but also any children in the family. Divorce often creates new living situations due to new jobs for the parents, which can result in a different school environment for kids. In some cases, one of the divorcing parents may move out of the family’s town or even out of the state. If you are facing a long-distance relationship with your child, speak with a knowledgeable family law attorney to learn about your rights and options and how a parenting plan can resolve these important issues.

What Is a Long-Distance Parenting Plan?

During a divorce, there are many details to sort out, and a divorce with children in the picture can be even more complex. The important child-related matters that parents will need to address include parenting time (formerly known as visitation) and the allocation of parental responsibilities (formerly known as child custody).

Continue Reading ››

 Posted on January 08, 2020 in Estate Planning

In the days and weeks after the death of a loved one, you are likely to remain focused on getting back to some semblance of normalcy in your life, especially if you were very close to the decedent. Just as things start to settle back down emotionally, new concerns can arise when your loved one’s will is presented for probate. When the provisions in the will are finally made known, you may be surprised to learn that your loved one has made some unexpected decisions. Such surprises may lead to you to think about filing a will contest, but there are some factors to consider before you do so.

Hurt Feelings Will Not Invalidate a Will

The first thing you need to remember is that, following a person’s death, there will almost always be someone who feels that they got ignored, left out, or the short end of the stick. They may have been led to expect a certain portion of the inheritance or a particular piece of property, only to find out later that such “promises” were never formalized in the will. If you feel slighted by your loved one’s decisions regarding his or her will, that is not sufficient grounds for challenging the document.

Continue Reading ››

 Posted on January 03, 2020 in Divorce

The state of Illinois believes that children deserve to benefit from financial support from both of their children. If your child’s father refuses to pay child support, there are several things you need to know. First, in order to request a child support order from the Illinois family court system, your child’s father must be formally established. There are several ways to accomplish this. Secondly, only child support orders established through the court can be legally enforced. Illinois courts do not have the authority to enforce informal child support orders. If you need help establishing paternity or child support or enforcing a current child support order, a qualified family law attorney can help.

How Do I Officially Establish Paternity?

If you and the child’s father were not married at the time your child was born, the state does not assume paternity. In such a situation, there are three ways that you can establish paternity. First, you and the father can sign a Voluntary Acknowledgement of Paternity and file this document with the Illinois Department of Healthcare and Family Services (DHFS). However, if your child’s father does not admit that he is the father of your child, you may not be able to convince him to sign this document. The second way to establish paternity is to pursue an Administrative Paternity Order through the DHFS. Lastly, you can request an Order of Paternity to be established through the court. The father may be required to submit to DNA testing in order to establish that he is indeed the biological father of your children.

Continue Reading ››

 Posted on December 30, 2019 in Guardianships

At one point or another, most of us will need help from someone else in regard to managing our affairs. For some of us, we might only need help temporarily as we recover from an injury or illness. In other situations, the need for assistance is permanent and much more serious. If you have a loved one who is struggling to manage their financial or health-related affairs, you might consider pursuing guardianship of that person. There are, however, a few things you need to know before you take any action in that direction.

1. Guardianship Can Only Be Granted by a Probate Court

In the state of Illinois, guardianships fall under the jurisdiction of the probate court. The court has full authority over the appointment and removal, if necessary, of adult guardianships. Unless you have been already been named in your loved one’s valid power of attorney, you cannot begin acting on your loved one’s behalf until the court says that you can.

Continue Reading ››

 Posted on December 27, 2019 in Adoption

Adoption is the legal process for assuming parental responsibilities for another person’s child. Adopting a child from an agency is an option for couples to grow their family if they cannot conceive on their own. However, there are other types of adoption, including stepparent adoption. In these cases, an individual with a stepson or stepdaughter may want to consider legally becoming the child's parent. If you are considering a stepparent adoption, speaking with an experienced family law attorney can ease your concerns as you walk through the legal process in Illinois.

A Relative Adoption Versus an Agency Adoption

A stepparent adoption does not involve the same process as an international or Department of Children and Family Services (DCFS) adoption. Here are a couple of differences between them:

• Home study: Home studies are used to determine if a home is safe and stable for a child to be placed. Home studies are not required for stepparent adoptions, because it is considered the same as adopting a relative, as per the Illinois Adoption Act.

  Continue Reading ››

 Posted on December 24, 2019 in Child Custody

If you are a parent who shares parental responsibility, or custody, with your child’s other parent, you know how challenging and complicated a shared parenting arrangement can be. A joint parenting arrangement can become even more complicated when a parent plans to move away. If the parent with the majority of parenting time moves a great distance away, the other parent may worry that he or she will not get to see his or her child. Fortunately, a parent who is subject to a shared parenting arrangement cannot relocate a significant distance without input from the child’s other parent.

Defining “Relocation” Under Illinois Law

Illinois parents can only dispute a move if it meets the definition of “relocation” according to the Illinois Marriage and Dissolution of Marriage Act. There are three different situations that can constitute relocation:

Continue Reading ››

 Posted on December 24, 2019 in Divorce

A marriage often turns two families into one. This is especially true when a couple has children. New babies gather people together, and children may develop close bonds with aunts, uncles, or grandparents as they get older. When a divorce happens, relationships between extended family members can become awkward. However, children and relatives may want to maintain their relationships, and grandparents and other family members will want to be sure to understand their rights after a divorce. For parents, time spent with children is outlined in a parenting plan. Instead of "custody" and "visitation," Illinois law refers to these as "parental responsibility" and "parenting time" respectfully. In Illinois, although the rights of parents come first, a grandparent may have the right to non-parental visitation with a child depending on the circumstances. This extends to great-grandparents, siblings, and stepparents as well.

Continue Reading ››

 Posted on December 20, 2019 in Family Law

When a child is born to a married couple, both spouses will be considered the child's legal parents. However, when a child is born to an unmarried mother, or when the identity of the child's father may be in doubt, it may be necessary to establish the child's legal parentage. Establishing paternity is important for the child, but it also benefits the father and mother too. For example, legal paternity may need to be established before a court determines parenting time, parental responsibilities, and child support. If you need to address issues related to your child's parentage, speaking with an experienced family law attorney can guide you through your next steps and help you establish paternity.

How Is Paternity Established?

Paternity is the legal establishment of the identity of a child’s father. Simply writing a person’s name on a birth certificate does not necessarily indicate paternity. In fact, paternity can be established in a variety of ways, including:

Continue Reading ››

 Posted on December 19, 2019 in Estate Planning

When a family member or close friend passes away, figuring out what paperwork you need to find can be overwhelming and confusing. Especially if you are the executor of the estate, you will have several important responsibilities including paying the deceased person’s bills and taxes, manage their assets, obtaining a death certificate, and more. You will need access to several different documents in order to complete these tasks. If you loved one created an estate plan before they passed away, finalizing their affairs will be much easier than if they had no plans.

For this reason, and many others, everyone should have a will, trust, or other estate planning tool in place – even if they do not own a great deal of high-value assets. When you pass away with an estate plan, the burden on your surviving loved ones is significantly less that it would be if you did not have an estate plan.

Locate the Following Documents When a Loved One Passes Away

Continue Reading ››

 Posted on December 18, 2019 in Divorce

Many people celebrate Christmas and New Year’s with different festivities. Children especially look forward to the holiday season for many reasons. After a divorce, there can be uncertainty about how winter holidays will be orchestrated for both children and parents. This can be resolved with a set schedule for parenting time. It is important to remember that every family is different, and it is still possible to enjoy whatever holidays you celebrate after a divorce. How and when you observe them might change, but the sentiment of togetherness can remain the same.

How Many Families Go Through Divorce?

Statistics show that half of all children in the United States will experience their parents getting a divorce. Half of those children will experience a second divorce, and 10 percent of all children who have seen one divorce will go through three or more. A divorce can have a significant impact on children, regardless of their age. These feelings may be exacerbated during important times in their lives like family holidays and birthdays. Although a parenting plan will create the logistics of how holidays will be spent as a divorced family, there are emotional aspects that may take years to figure out. The following tips will help you, your ex, and your kids spend a pleasant holiday as a divorced family.

Continue Reading ››