Share Your Experience

five star review
X
Blog
Lombard Office
630-426-0196
Wheaton Office
630-426-0196
Text Us Now
630-426-0196
Subscribe to this list via RSS Blog posts tagged in Illinois

Posted on in Children

related adoption, foster parent, Illinois family law attorneyAdoption can be a wonderful opportunity, and one that is particularly appealing to adoptive parents who are actually related to the child. This type of adoption is known as a related adoption or a kinship adoption, and it is among the common method of adoption in the state. In fact, related adoptions are preferred by state agencies, as they are required to give preference to relatives when making adoptive placements for children in their custody. Adoption laws in Illinois specifically require state-sponsored agencies to make reasonable efforts to identify and locate a child&s relative when out-of-home placement is needed.

Federal and State Compensation

In order for a state to be eligible to receive assistance from the federal government for foster care and adoption programs, federal law, under the Social Security Act, requires that agencies within the state "consider giving preference to an adult relative over a non-related caregiver when determining placement for a child, provided that the relative caregiver meets all relevant state child protection standards."

...

prenuptial agreement, prenup, Arlington Heights Family LawyerWhen you make the decision to marry someone and share your life with him or her, the romantic love that you feel is often intoxicating. Your idealistic vision of the future make take over, and, as the wedding day gets closer, it may not even occur to you that you are entering into a business partnership as well as a romantic union. Throughout history, however, marriage has been an arrangement of shared property, while the romantic aspect of marriage has really only evolved relatively recently. Modern marriage, as combination of social contract and romantic love has led to the increased utilization of prenuptial agreements to protect the financial interests of each spouse.

For many, the concept of a prenuptial agreement is closely tied to a prediction of failure, as such agreements necessarily consider the possibility of divorce. This is often seen to be in direct contrast to the idea of marrying for love and living "happily ever after." As such, couples frequently struggle with the dilemma of making practical, yet seemingly cold preventive arrangements, or relying on love and trusting that things will be fine.

However, a large number of prenuptial agreements are drafted not only in anticipation of a potential divorce, but also as security in the event of a spouse&s unexpected death. Indeed, providing for your surviving spouse after your death is its own romantic (and responsible) gesture. When considered from this perspective, prenuptial agreements can actually bring harmony to your marriage by settling financial issues and keeping them from creating conflict during your life together and afterward.

...

cohabitation, marriage, Illinois family lawyer, Illinois family law attonreyCohabitation before marriage is becoming more common than in the past. Nearly 50 percent of all women have chosen cohabitation, often putting off marriage for up to two years, according to US News & World Report.

Studies have shown that for some, this living arrangement has proven to be a better option. Today Health reported that cohabiting couples appear happier and hold greater self-esteem than their married counterparts. Why? It is believed that cohabitation allows for increased independence and personal growth while in a committed relationship.

Of course in any relationship, ground rules are important. If you are opting to cohabitate, these quick tips may establish your personal boundaries, leading to a healthy and happier existence.

...

parenting, children of divorce, parenting styles, Illinois divorce lawyer, reason for divorce, life after divorceOne of the biggest disagreements that can occur that parents have after a divorce is differences in parenting styles and boundaries. What’s acceptable at Mom’s house is forbidden at Dad’s – or visa-versa.

Issues such as bedtimes, appropriate television shows and the amount of television watched, video games and diet are just some of the areas where co-parents may disagree. There are ways to navigate frustrations that may crop up, which is especially important for the emotional well-being of the child. Remember to keep in mind that sometimes children play parents against each other in an effort to get the rules stretched. If your child says that they are allowed to do something at the other parent’s house that you don’t allow – for example staying up very late on a school night - check with the other parent to see if that activity is allowed on a regular basis or if it was just a one-time event. If you find out that there are things you disagree with that are allowed at the other parents house, don’t react angrily about it with your child. Calmly explain that the rules in your house are different. It’s important to accept that there are going to be things that you and your ex-spouse totally disagree on when it comes to raising your children, but remember that you both are committed to what’s best for your child. Differences in punishment can be particularly difficult to navigate, especially if one parent is stricter than the other. The use of corporal punishment by one parent can quickly escalate into a custody battle with the other parent citing child abuse. In Illinois, the law defines acts of child abuse when a parent or caregiver "inflicts excessive corporal punishment" but this law does not clearly define what constitutes "excessive." If you are concerned that the discipline techniques used by your ex-spouse on your child are harsh or excessive, contact an experienced Arlington Heights family law attorney today to find out what options you have to protect your child.
family, adoption, adopted children, biological children, Illinois family lawyerTwisting and turning through the daily challenges of blending the lives of your adopted and biological children can certainly add a few new ones along the way. One being the subject of how to discipline and keep your household functioning on an even keel. According to the American Academy of Pediatrics, finding a healthy balance is essential. For parents in this situation there is a certain disconnect when it comes to disciplining a blended family dynamic. There is a tendency for parents to hesitate to discipline an adopted child while setting fewer limitations on their biological offspring. This situation may also hinge on whether your adopted child has behavioral issues due to underlying issues. Each of your children are unique. Following these simple suggestions may define the house rules for all involved and keep you from second guessing your decision to choose adoption to grow your biological family. House Rules Involve your children in the rulemaking process. Provide them the opportunity to set a few rules or provide input to the rules you have established. Just remember to define rules according to the individual child's age. You may notice that since they have participated in the process, they will accept the new rules with less conflict. Consequences Just as you provided your children the opportunity to set the rules, give them the same opportunity to define the possible consequences when the rules are broken. Once again, consequences should be age appropriate. Consistency As parents, you also need to remember not to deviate from the rules or consequences. The rules are the rules, no ifs, ands or buts! Giving in every once in a while will only tempt your children to test the limits. Seems easy, right? Perhaps easier said than done. As the ruling executive branch of the household how you discipline is your choice but some of the following may assist with establishing a well-rounded discipline program. Time-out

One of the oldest and most effective discipline methods. Pick a specific time-out post for each child. When placing your child in his or her designed location set the length of the time-out based on the child's age plus one additional minute.

Time-in

If your adopted child has been diagnosed with attachment issues this method may prove more productive than the traditional timeout. The length of the time-in should follow the same format as time-out but the child is shadowing your every move while serving his or her time.

...

divorce settlement, social media, Illinois divorce lawyer, Illinois divorce attorney, divorceWhen you are filing for a divorce, it can be tempting to frequently explain your reasoning. However, it pays to be careful when discussing your marital troubles publicly. In a recent court decision, a woman was stripped of a large portion of her divorce settlement as a result of her negative comments regarding her ex-husband.

Janice Schacter certainly never expected that complaining about her soon-to-be ex-husband's abuse and financial expenditures on social media would result in a judge stripping her of a large portion of her divorce settlement. Schacter had been complaining that her now ex-husband was both abusive and had spent more than $200,000 on an engagement ring for his new fiancee while refusing to pay for hearing aids for his daughter. As a result of her outspoken comments, Ira Schacter was named as a contestant for the website abovethelaw.com's sarcastic "Lawyer of the Month" award, significantly damaging his business. Ira Schacter's lawyers argued in court that the daughter had in fact received the hearing aids, though there was some contention over which party would pay the bulk of the expense. According to Justice Laura Drager, the misleading reports had a significant impact on the value of Ira Schacter's partnership in the legal firm where he worked. As a result, she determined that Janice Schacter would only be awarded 17 percent of the $5 million partnership value, or around $855,000. According to Drager, though Janice Schacter was within her rights to speak publicly about the domestic violence she may have experienced, "the incessant postings and discussions about the husband went beyond any reasonable discussion of this very serious issue." Filing for divorce can be a very distressing experience, and it can be tempting to speak openly about the issues that have lead to your decision to file. Having an experienced lawyer on your side can help prevent any situation that may diminish any alimony or other property that you may be entitled to in your divorce settlement. If you are filing for divorce in Illinois, contact A. Traub & Associates, Attorneys at Law today for a consultation.

child abuse, child neglect, DCFS, DCFS investigation, Illinois family lawyer, Illinois family law attorney, child safetyThe prospect of having to undergo a DCFS child abuse or neglect investigation is a horrifying thought to every loving parent out there. Unfortunately, false accusations do occur. If you find yourself facing the prospect of an abuse or neglect investigation, here is what you need to know.

According to the DCFS fact sheet, an investigation is launched 24 hours from the time a report is received. If the allegation is one of neglect or inadequate shelter, an investigative specialist will be dispatched to view the child’s living space. Initially, the specialist’s concern will be for the immediate safety of the child. The child in question and other children in the household will be interviewed along with other household members, extended family members, and other professionals, depending on the allegation. It’s always best to be completely honest and provide complete information to the specialist. In cases where the allegation is of serious physical or sexual abuse, the state law requires the investigative specialist to notify both the local police and the State’s Attorney. In these cases, the police may choose to conduct a joint investigation, or the police may conduct their own investigation. The police may also be contacted if the investigative specialist feels that family members or other concerned individuals are refusing to cooperate with their investigation. The state has a maximum of 60 days to complete their investigation, though most are completed in 30 days. In certain cases, a 60 day extension may be requested, particularly when the state is waiting on medical or police reports. You will be notified in writing of DCFS’ final findings, and the investigative specialist may also contact you. If the allegations are unfounded, the DCFS State Central Register will maintain the information pertaining to the investigation for one to three years. Facing an abuse or neglect allegation can be a frightening experience. Having a qualified family attorney at your side can help. Contact the experienced Lombard, Illinois family attorneys at A. Traub & Associates today for a consultation on your case. We have years of experience defending clients against unfounded abuse and neglect investigations can help you prove your innocence.

Posted on in Children

latchkey kidAs the school year progresses, many parents begin to consider the possibility of allowing their child to come home and care for themselves after school. However, many parents worry about the possibility of a DCFS investigation if they choose to allow their child to do this. Luckily, in most cases, there is no reason to worry.

According to the Illinois DCFS, Illinois courts must consider a total of 15 factors when deciding whether a latchkey kid has been the victim of neglect. Those factors are:
  • The child’s age;
  • How many children have been left alone;
  • Whether or not the child had any special needs, including medications;
  • How long the child stayed by themselves;
  • Whether or not the residence where the child was left was a safe and clean environment;
  • What time the minor was left (day, night, etc).
  • Whether the weather conditions presented a hazard to the child at the time, and whether the residence where the child was left provided adequate shelter from those conditions;
  • How far away the parent or guardian was at the time the child was alone;
  • Whether the child’s movements were restricted in any way (being locked into a room, etc.)
  • Whether the child was capable of calling emergency services, and whether or not the child had the means and information to call those services if needed;
  • Whether the child had access to food and water;
  • Any economic circumstances that may have been the cause of the parent leaving the child, and whether the parent made an effort to ensure the child’s safety;
  • Whether or not the parent had left the child in the care of another person;
  • Any other factors that might have presented a danger to the child at the time they were left alone.
In most cases, leaving a child who is mature and capable for an hour or two after school is perfectly legal. Unfortunately, not everyone understands these guidelines and false accusations can be filed. If you find yourself the subject of an Illinois DCFS investigation, it is important to have an attorney to advise you. Contact a qualified Illinois family attorney today for a consultation on your case.

remarriage, Lombard, Illinois, divorce lawyer, divorce attorney, Downers Grove Family Lawyers, second marriage, multiple marriagesThis command performance may not guarantee you a gold star on the Hollywood Walk of Fame, but if considering marrying your former spouse, you would be sharing center stage with the likes of Liz Taylor; Marie Osmond; NeNe Leakes, Pink and even Judge Judy, just to name a few.

Will it be a marriage of infinite syndication? Probably not. Psychology Today reports that over 60 percent of all repeat marriages are prone to cancellation. Evidence shows that repeat marriages fail quicker than the premiere episode. Lois Tarter, author of  The Divorce Ritual and contributor to the Huffington Post, believes there are a few steps to be taken when contemplating Act II with your former spouse.
  • Time – take it. Make sure all emotional wounds have healed. Confront and resolve any outstanding issues before the anticipated wedding date;
  • Honesty is truly the best policy. Both of you will need to reestablish trust. Be open to accepting your responsibility for the failed first marriage;
  • Children – take them into consideration. Hold off just a bit before informing the kids of your reconciliation their emotions may still be in turmoil;
  • Counseling is likely a good idea. Consider individual, couples counseling or marriage classes. Keep all things topical on a regular basis. Avoid misconceptions and old habits.
If you are considering a second marriage with your former spouse, congratulations, break a leg. If you want to truly associate yourself with the likes of Liz, Marie, NeNe, Pink and Judge Judy, perhaps before taking your farewell performance, it may be in your best interest to contact an experienced Downers Grove family law attorney to discuss your options for drafting a prenuptial agreement to safeguard your financial assets, just in case your shining star fizzles out. The legal team at  A. Traub & Associates understands the cosmic complexities of marriage and divorce. If you find yourself in the throes of either we can help. For those facing the dissolution of a marriage we will take the time to listen and address all of your concerns. For those planning a walk down the aisle, even if it is the second time around, we can discuss all benefits of drafting a prenuptial agreement to safeguard your financial assets and provide you with peace of mind. We offer consultations to those residing in DuPage, Will, Cook and Kane Counties. Contact us at 630-426-0196 today to learn more about your options.

children of divorce, Lombard, Illinois, divorce attorney, family lawyer in IllinoisYou are thinking of meeting with a divorce attorney and wonder what impact your decision will have on your children. You understand the tension and uneasiness blanketing the house may soon dissipate and you and the kids can settle into a more harmonic routine. You worry a bit about how the kids will handle the absence of their other parent, but take some comfort in their resiliently. You are not expecting any changes in their behavior as all things fall into place.

Researchers, Daniel S. Shaw and Erin M. Ingoldsby of the University of Pittsburgh disagree. These colleagues have researched the conceptualizations of the impact of divorce on children and how they tend to adjust to the overall situation. By highlighting sections of their Children of Divorce you may gain a better understanding of the behaviors on the horizon as your children adjust to the new family dynamics. Externalization Problems

This is the most consistent finding when it comes to how a child may process the situation and brings to the surface personal difficulties with delinquency, aggression and disobedience.

Internalization Problems

Although this is less compelling than the evidence of externalization issues, research suggests difficulties are more common in girls than their male counterparts. Female children of divorce are more likely to experience depression, anxiety and personal feelings of distress.

...

divorce, Illinois divorce, divorce rate, divorce lawyer, divorce attorney, DuPage CountyAccording to Variety, the American entertainment trade magazine founded in 1905, NBC hit a ratings gold mine by enticing 25.9 million viewers to tune into the winter games of the XXII Olympiad.

 Over five time zones and 18 spectacular evenings we explored the foothills and mountain tops of Sochi, Russia. We cheered on athletes, applauded victories and witnessed the agony of defeat as 88 nations came together to celebrate the uniqueness of each nation. One may choose to believe that with so much cultural diversity, the participating nations held nothing in common except the hunt for gold. As athletes stepped on the podium, it may be interesting to note that both the host nation, Russia and the United States vied for standings on a totally different event. The Top Ten Nations with the highest divorce rates. Russia achieved the gold medal standard for the highest divorce rate while the U.S.claimed bronze, with the remaining top ten taking their respective place on the podium:
  1. Russia
  2. Aruba
  3. United States
  4. Panama
  5. Ukraine
  6. Belarus
  7. Moldova
  8. Cuba
  9. Czech Republic
  10. South Korea
The Huffington Post, responsible for publishing these recent rankings, mentions that higher divorce rates of these Top Ten contenders can be contributed to educational differences, financial instability, social standing and infidelity. No matter the country or the reason, deciding to file for a divorce can be a decision of Olympic proportion. For those facing this life changing event, working with an experienced coach, or in this instance, an experienced divorce attorney can make all the difference in the world. To achieve your gold standard in your divorce settlement, the experienced legal team of A. Traub & Associates is available to coach you through the uncertainty of your upcoming event. For over seven years we have offered our clients award winning service. Contact us at 630-426-0196 to schedule your initial consultation today.

Posted on in Divorce

military divorce, divorce lawyer, reason for divorce, Illinois attorneyMilitary life can be difficult, particularly during wartime. As couples are forced to spend time apart and deal with the stresses that deployments present in addition to normal marriage challenges, it can sometimes strain a marriage to the point of divorce.

According to a recent RAND Corporation study, the divorce rate among military families increases directly in relation to the length of the deployment. Researchers found that more cumulative months of deployment increased the risk of divorce among couples, particularly for female service members. Though it is believed this may be because cumulative deployment is harder to adjust to in couples where the service member is female, this was not specifically addressed by the study. While any deployment increased the risk of divorce in military families, deployments to war zones in Iraq and Afghanistan resulted in a higher rate of divorce than those deployed elsewhere. The divorce rate was also higher for couples married before the terror attacks on September 11, 2001. Those couples were 28 percent more likely to divorce than military couples who married after the attacks. Researchers believe this may have been because couples married after 9/11 were more prepared for the challenges posed by military life than those who were married earlier. Interestingly, the risk for divorce is lower among military families that had children. Military life is not easy under any circumstances, but deployments into a war zone can be incredibly stressful. Unfortunately, sometimes a marriage cannot be saved no matter how hard both parties try. If you are considering filing for divorce, having a qualified attorney on your side can help. Contact the experienced family law attorneys at A. Traub & Associates, Attorneys at Law today. They can help ensure that the divorce process goes as smoothly as possible for you and your family.

Couples who are hoping to make a difference in the lives of children in Illinois have a number of options available to them through the Illinois Department of Children and Family Services (DCFS). While many people consider adoption before other options, agreeing to foster a child or taking guardianship can also provide an option under Illinois family law. Before choosing, it is important that potential parents understand the difference between these three options.

Illinois foster care, guardianship, adoption lawFoster Care

Agreeing to foster a child can make a huge difference in their life. In this option, families agree to give a temporary home to a child who has been removed from their home due to unsafe conditions. While this option is intended to be temporary, it can have an enormous impact on the child’s life. In some cases, it may not be possible for a child to be returned to their former home. Foster parents may be given the option to adopt the child if this happens.

...
Illinois is known throughout the country for being one of the toughest places to recover child support judgments. The difficulties of maneuvering the Illinois court system are legendary, with many parents spending years and countless amounts of money trying to recover back due child support payments with no avail. A new law has been passed though, which provides a viable option for parents to reclaim child support payments. On August 12, 2013, Governor Pat Quinn signed into law a bill that will allow race tracks and casinos to garnish prize money earned at these establishments and allow it to be applied to past due child support payments.

child supportEarlier this year, the state of Illinois reported that over three million dollars of past due child support was owed to local Illinois parents. Illinois is a highly litigious state with an extremely complicated court system that can be daunting to the average citizen. The situation of recovering child support can be even more complicated when the party owing child support is self-employed, a job-hopper and/or resides in a different state. The attempt to recover child support can be an extremely expensive and time consuming process that guarantees no actual payment, even when arrest warrants and judgments are issued against the party owing child support.

Under the law, Illinois gambling locations are required to post signs that alert gamblers to the fact that prize money earned could be garnished for any persons whose name appears in the Department of Healthcare and Family Services system. The earnings are then given to the Department of Healthcare and Family Services, who will then distribute the earnings to the parents owed past due child support. The sponsor of the bill, Dunlap Republican Sen. Darin LaHood, believes that the law will allow for around one million dollars to be recovered within the first year of being enacted.

The Illinois Gambling Law is a big feat for those parents seeking to recoup past due child support. Typically, a judgment can be entered for past due child support, but that is no guarantee that the owing party will be forced to pay, or even has the means to do so. The law takes money that the defendant has recently earned, and gives it directly to the parent of the child who is owed money. Call today to discuss the effects this law will have on your current child support situation with one of our family law attorneys here at Angel Traub and Associates in Arlington Heights, Illinois.

Posted on in Divorce

joint custodyIllinois law directly acknowledges that neither separation nor divorce should affect either party’s parental rights or responsibilities, unless the court finds a good reason to do so.  However, the top priority for family courts in this state is to ensure that custody arrangements are in the best interest of the child or children involved.  In determining the best interest of the child, courts look to many different factors, such as:

  • The wishes of the parents;

  • The wishes of the child;

    ...

Everyone had a different experience growing up.  Whether you had one parent, two parents, or another legal guardian, your childhood was unique.  Recently, there has been a rise in a new kind of family unit, one where grandparents are the primary caregivers of their grandkids.

A new research study by US2010, a project that is reviewing changes in American society, uncovered this news.  The ongoing research is managed by sociologist John Logan and funded by Brown University and the Russell Sage Foundation.  Their data showed that over 7.5 million children in the United States lived with their grandparents in 2011.  That averages to one in every ten children across our nation.

The factors that have lead to this increase over the last 25 years are vast.  AARP expert on multi generational and family issues, Amy Goyer, cited the recession as the primary cause.  It is mutually beneficial for many generations to share housing costs and other expenses.  Grandparents are cheap and easy babysitters that can allow parents to work longer hours and keep a better portion of their paychecks.  There are other contributing factors such as:

...

Posted on in Divorce

Marriage and Family Therapist Virginia Gilbert says that there are many symptoms of PTSD that affect divorcing and divorced individuals. An afflicted person might have health issues, nightmares, obsessive thoughts, and generalized anxiety that presents as hyper vigilance. When there is extra tension or a history of violence in your relationship, it’s not uncommon for the emotional stress to manifest physically.

Gilbert has tips for those in these types of situations. She states that it’s vital to focus on what you can control. If your ex is abusive, struggling with an alcohol or drug addiction, or mentally ill, you can create high levels of anxiety by worrying constantly about what he or she might do. Instead, focus on the fact that your choice to get a divorce is what is best for you, and keep reminding yourself about what’s in your realm of control and what is not.

Getting support from others and compartmentalizing your life can help significantly when handling these challenges. In high-conflict situations, it’s easy to let the divorce become the primary aspect of your life, but force yourself to add other activities and downtime to your schedule. It’s not healthy for you emotionally or physically to become consumed by the divorce. Choose one or two friends that you can speak to and rely on them when things reach fever pitch. Find a meditation technique or exercise that helps you clear your mind, as interacting with the spouse can tend to flare anxiety and PTSD symptoms.

...

Posted on in Uncategorized

These days, digital dating is becoming more popular every day. According to the Pew Research Center, one in ten Americans has made use of an online dating site or mobile application. Especially if you are recently separated or divorced, online dating can reduce some of the anxiety about getting back into the dating world.

Online dating is certainly not new anymore, but as it becomes used more widely across multiple generations, it’s helpful to have a few tips in the back of your mind to make the most out of your experience. Follow this advice to get your feet wet in the world of online dating:

Take Time To Get To Know Someone

...

It is often thought if a marriage lasts ten years or longer, the likelihood of divorce is less. However, according to a report in the Huffington Post, a few factors can challenge marriages that have lasted decades.

 Nothing in Common

After the children have left home for college, many couples feel that they don’t have much in common anymore. The marriage is now less about parenting and more about being friends and companions. This is where the true connection between the couple is bared and unfortunately, sometimes there is not enough there to keep both spouses in the relationship.

...

Assuming that prenuptial agreements are only being used by those individuals with extreme wealth is a mistake. A survey conducted by the American Academy of Matrimonial Lawyers demonstrates the increasing requests family attorneys are getting to draft these documents.

Of the attorneys surveyed, two-thirds reported seeing an increase in the number of prenuptial agreements completed in the past three years, but nearly half also noted that there are more women requesting the documents these days. The shift in awareness and requesting behavior could be due to a higher level of financial awareness on behalf of both men and women; being shaken by the recent economic collapse might clue people in to what they have to lose as well as make them more conscious about how to protect it.

The same attorneys participating in the survey remarked that the top three issues most often covered in prenuptial agreements were alimony, separate property, and division of property. Other recent research has indicated that more people believe that prenuptial agreements are a crucial component of pre-wedding plans, however unromantic they may seem.

...
Illinois State Bar Association DuPage County Bar Association Northwest Suburban Bar Association American Inns of Court DuPage Association of Woman Lawyers National Association of Woman Business Owners Illinois Association Criminal Defense Lawyers DuPage County Criminal Defense Lawyers Association
Back to Top