Posted on October 16, 2025 in Family Law

Fathers have important legal rights when navigating family court in Illinois during divorce and child custody cases. Still, many dads do not fully understand what those rights are or how to use them. The experienced DuPage County, IL fathers’ rights lawyers at A. Traub & Associates can guide you through each step and help you protect your role in your child’s life.

Presumption of Equal Parenting Time in Illinois

In recent years, Illinois law established a presumption that both parents are fit and that equal parenting time is in the children’s best interests. This means judges often try to create a schedule that gives both parents close to equal time with their children.

Under 750 ILCS 5/602.7, the court looks at several factors when considering a parenting plan. These include the child’s relationship with each parent and each parent’s wishes. The court also looks at how the child is adjusting to their home, school, and community. Unless there is proof that one parent is unfit or the situation is unsafe, judges usually aim for a plan that keeps both parents involved.

Continue Reading ››

 Posted on October 06, 2025 in Wills and Trusts

Caring for a loved one with special needs often means looking far into the future. Parents and family members want to make sure their child or relative is supported, even after they are no longer able to provide care themselves. Programs like Supplemental Security Income (SSI) and Medicaid are essential, but they have strict rules about income and assets. Even a small inheritance or gift could put those benefits at risk.

A special needs trust (SNT) is one of the best ways to provide financial security without losing access to important government assistance. A trust allows you to set aside money or property for a person with disabilities while making sure the funds are managed carefully. With help from experienced Lombard, IL estate planning lawyers, families can create a plan that offers protection and peace of mind.

Three Reasons Why Special Needs Trusts Are Important

A special needs trust does more than set aside money for the future. It provides legal and financial protections that help ensure a person with disabilities can live with security and dignity. Consider the three most important reasons to create one for your family member.

Continue Reading ››

 Posted on September 30, 2025 in Guardianships

Illinois courts sometimes appoint a guardian for someone if they cannot make significant life decisions on their own. This can include older adults who are living with dementia. It may also apply to adults with developmental disabilities. Guardianship may be needed for someone who has suffered a serious illness or injury and can no longer manage their own care.

It is not about taking away rights for no reason. Instead, it is a safety measure the court uses when no other less restrictive option exists. If you have questions about guardianship, seek legal guidance right away. An experienced Arlington Heights, IL guardianship lawyer can explain the process and discuss how it relates to estate planning.

What Does Illinois Law Say About Adult Guardianship?

The rules for adult guardianship are listed in Section 11a of the Illinois Probate Act. These laws explain when a guardianship can be ordered, what powers a guardian may have, and how the court supervises the process.

Continue Reading ››

 Posted on September 25, 2025 in Child Custody

Moving a significant distance gets complicated when you share parental responsibilities, commonly known as custody. Illinois law has rules about when a parent must ask the court for permission before relocating with a child. The purpose is to protect your child’s best interests. However, the law also protects your right to parenting time. If you are thinking about relocating, working with experienced Schaumburg, IL child custody lawyers can help you understand the law and what judges look for when making decisions.

When Do You Need the Court’s Permission To Relocate With Your Child?

Not every move counts as a "relocation" that requires approval under Illinois law. According to 750 ILCS 5/600(g), relocation depends on where you live and how far you want to move. If you live in Cook, DuPage, Kane, Lake, McHenry, or Will County, moving more than 25 miles from your current home requires permission. Outside those counties, the limit is 50 miles. If the move goes out of state and is more than 25 miles away, that counts too.

Continue Reading ››

 Posted on September 16, 2025 in Adoption

When a person dies in Illinois, it is not automatic that their estate must go through probate. Whether probate is required depends on the size of the estate and the type of assets involved. Sometimes, it depends on the structure of the estate plan.

Some estates qualify for simplified procedures, while others can avoid probate entirely through proper planning. Understanding when probate applies can help families prepare for what comes next. Working with experienced lawyers is the first step to ensure that what happens to your estate after your death is in line with your wishes.

What Is Probate in Illinois?

Probate is the legal process during which a court oversees the transfer of your property after you pass away. In Illinois, the Probate Act of 1975 sets the rules for how probate works. The court ensures that debts are paid, taxes are filed, and remaining property is distributed to heirs or beneficiaries.

Continue Reading ››

 Posted on September 11, 2025 in Divorce

Divorce is rarely simple, and the process can become more stressful if one spouse refuses to cooperate. In Illinois, you do not need your spouse’s signature to complete a divorce, but delays can occur if they try to avoid the process. If you find yourself in this situation, you should understand how Illinois law works and what options are available to you. Our experienced DuPage County, IL divorce lawyers can guide you through each step and protect your rights while the case moves forward.

How Long Does My Spouse Have To Respond After Being Served Divorce Papers?

When you file for divorce, your spouse must be formally served with a copy of the petition. According to the Illinois Marriage and Dissolution of Marriage Act, once served, they generally have 30 days to file a response. This time frame ensures that you both have a fair opportunity to participate in the divorce process.

Continue Reading ››

 Posted on August 30, 2025 in Estate Planning

Losing a loved one is never easy, and the legal process that follows can add stress and confusion. If you believe a will does not reflect your loved one’s true intentions, you may have the right to contest it. Illinois law allows certain people to challenge a will, but the process can be complex. A Lombard, IL estate planning attorney can explain your rights and guide you through the steps.

Who Can Contest a Will in Illinois?

Not everyone has the right to challenge a will. Under Illinois probate law, only individuals with a direct financial interest in the estate have "standing" to contest. This usually includes beneficiaries named in the current will, beneficiaries or heirs named in a prior will, and heirs at law who would inherit if no valid will exists. If you are not financially impacted by the will’s outcome, the court will likely dismiss your case. Illinois statutes make it clear that only those with a personal stake in the estate can move forward with a challenge.

Continue Reading ››

 Posted on August 28, 2025 in Family Law

Many fathers establish legal parentage without a lab test. If both parents agree, you can use simple paperwork or rely on rules tied to marriage. However, when there is a disagreement or confusion about who a child’s biological parents are, the court can step in to help work it out in the best interests of the child.

The right path depends on your relationship with the child’s mother, what the birth record shows, and whether anyone is challenging your paternity. A short meeting with an experienced Arlington Heights, IL paternity attorney can help you choose the option that protects your rights and keeps the process moving.

How Do You Establish Paternity in Illinois?

Illinois gives families a few clear routes to establish paternity. The quickest is a Voluntary Acknowledgment of Paternity (VAP), a form both parents sign and file with the state. Under 750 ILCS 46/305, the law treats that acknowledgment like a court judgment, giving the father legal rights and duties from day one.

Continue Reading ››

 Posted on August 23, 2025 in Child Support

Illinois family courts recognize that jobs change, health needs grow, and parenting time can shift. For this reason, the law allows you to ask the court to make changes to your child support arrangement when the current order no longer fits real life. The goal is to keep support fair and tied to your child’s best interests as circumstances evolve for both parents. If you need to modify your child support order, an experienced Wheaton, IL child support attorney can help.

When Can a Child Support Order Be Modified in Illinois?

According to 750 ILCS 5/510, a judge may change a child support order when there is a substantial change in circumstances. This means a real shift in income, parenting time, or the child’s needs, not a short-term fluctuation. The new amount usually applies only to payments that come due after your modification request is approved, so filing promptly matters.

Continue Reading ››

 Posted on August 18, 2025 in Prenuptial & Postnuptial Agreements

When preparing for marriage, many couples in Illinois choose to sign a prenuptial agreement to outline how financial matters will be handled if the marriage ends. In recent years, some couples have started including lifestyle clauses in their agreements. Before adding these provisions, you should understand how Illinois law treats them. A Schaumburg, IL prenuptial agreement attorney can help you determine whether a lifestyle clause is appropriate for your situation.

What Is a Lifestyle Clause in an Illinois Prenuptial Agreement?

A lifestyle clause is a section within a prenuptial agreement that sets rules or expectations for conduct during the marriage. Unlike provisions that govern property division or spousal maintenance, these clauses focus on day-to-day living or personal choices. For example, some couples include agreements about spending limits, child-rearing approaches, or restrictions on public sharing of personal details through social media.

Continue Reading ››