Posted on October 09, 2024 in Family Law

According to Illinois law, both parents of any child have a presumption of equal parenting rights and responsibilities. The courts decide on a case-by-case basis how matters like visitation and parental decision-making will be divided, and consider many factors to determine which arrangement would best suit the child’s interests.

However, there is no gender-based automatic rule that mothers always get more time with the child and should always receive child support instead of fathers. If you are a father seeking maximum parenting time with your child, speak with an experienced Arlington Heights, IL child custody attorney about whether you could be eligible for child support payments within the framework of your divorce settlement.

Parental Eligibility for Child Support

While America has come a long way in terms of gender roles and the awareness of parental capabilities, there are still some societal norms and taboos surrounding the division of responsibilities inside a household. In practice, many families do not fit the outdated model of a mother staying home and raising the children while the father goes off to work and spends minimal time actively parenting. In some families, the mother is the main breadwinner, and the father takes on most parental responsibilities. In some divorces, fathers are awarded primary custody and are also entitled to child support.

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 Posted on October 08, 2024 in Estate Planning

Natural disasters and pandemics often make us realize how fragile life can be. Recent catastrophes such as the COVID-19 pandemic, Hurricane Helene, or devastating earthquakes around the world serve to illustrate that unexpected events can happen at any time.

These events not only affect our day-to-day lives but also serve as reminders of the importance of being prepared for the future. One of the best ways to prepare is by updating your estate plan. Having a solid estate plan can give you peace of mind that your family and loved ones will be cared for, no matter what happens, and our Wheaton, IL estate planning attorneys can help.

Why Estate Planning Is Important During a Crisis

Estate planning is not just for the wealthy. It is for anyone who wants to make sure their property, finances, and wishes are handled according to their desires if they pass away or become incapacitated. During a crisis, like a natural disaster or a pandemic, having a plan in place becomes even more critical. With an up-to-date estate plan, you can:

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 Posted on September 30, 2024 in Wills and Trusts

There are many types of trusts that can benefit a wide variety of situations. The special needs trust is one of these. In the past, parents with a disabled child were often forced to disinherit the child so government benefits could continue. The only other option was to leave money in a traditional trust with crossed fingers, hoping it would be properly used for the care of the disabled child.

Today, a special needs trust allows the disabled child to continue receiving necessary government benefits while still having money to increase their quality of life and cover any extra expenses. A special needs trust can be used for a person with physical or mental disabilities or a person with a mental illness. The laws that govern special needs trusts in Illinois can be found under Section 760 ILCS 5/15.1. If you believe a loved one could benefit from a special needs trust, a Lombard, IL estate planning attorney from A. Traub & Associates can help.

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 Posted on September 30, 2024 in Family Law

When married couples have a baby, the husband and wife are automatically considered the father and mother, with all the parental rights and obligations that brings. However, when a couple is not married when a baby is born, it is less clear-cut. The woman giving birth is automatically considered the mother, but officially recognizing a father requires various steps.

What you need to do, exactly, will depend on your circumstances and whether the man you believe is your child’s father is willing to cooperate. If your baby’s father refuses to acknowledge paternity, speak with a qualified Arlington Heights, IL family law attorney about how to prove it.

Establishing Paternity in Illinois

When both unmarried parents acknowledge their parental relationships, they can fill out a form called a Voluntary Acknowledgement of Paternity (VAP). Sometimes it takes time for the parents to get this done and they can submit it at any time, but if they fill it out in the hospital when the baby is born, the father’s name can be included alongside the mother’s on the birth certificate. This is a fairly simple process, with one major condition: it needs to be voluntary. If either parent does not want the father to be recognized as such, they cannot be forced to sign it against their will.

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 Posted on September 20, 2024 in Family Law

When parents are married, the court does not generally intervene in their division of household and child-raising responsibilities. When two legally recognized parents in Illinois are not married, they have a parenting plan that outlines how parental responsibilities are allocated and how much parenting time, otherwise known as visitation, each will be granted. However, not all families are the same, and in certain cases, people who are not the child’s parents can request visitation. This article will review some non-parent relatives who can be granted visitation rights under certain circumstances. If you want to pursue non-parental visitation, contact a knowledgeable Lombard, IL child custody attorney to learn more.

Illinois Grandparents Seeking Visitation

Grandparents can petition Illinois courts for visitation with their grandchild. As in all matters that impact a child, the court will only consider this request if it can be convinced that it would serve the child’s best interest. Grandparents can seek visitation only under certain conditions. For example, if the child’s parents were never married, do not live together, or one has been missing or dead for at least three months.

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 Posted on September 18, 2024 in Child Custody

When parents go through a divorce, it can take a serious toll on the family - financially, emotionally, and even logistically. With spouses scrambling to figure out where they each will live and how new accommodations might affect their children, it is no wonder that tensions can run high. While there are typical arrangements that most families work towards, all people are different so one solution will never be the right answer for everyone. In divorce, as in all areas of life, it can help to think creatively to come up with a solution that could suit your family’s unique needs. If you and your spouse are willing to work together to find an outside-the-box solution, speak with a Schaumburg, IL family law attorney about whether birdnesting could be a good option for you.

What Does Birdnesting Mean?

When parents go through a divorce, and both have parenting time, a typical arrangement includes one of them staying in the family home and the other moving somewhere nearby. The child takes turns staying with each parent on the preappointed dates. It generally means that the child needs to make sure to bring important things for special days like their after-school activities or special school projects.

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 Posted on September 17, 2024 in Estate Planning

When people think about estate planning, trusts and wills often come to mind. There is a big focus on setting up arrangements in the present to leave assets behind for loved ones in the future. However, a major topic that is sometimes overlooked is funeral planning. While contemplating one’s own death is not generally a favorite pastime, preplanning a funeral can be an excellent way to ensure you get the final sendoff you want without loved ones needing to scramble to make proper arrangements. If you are ready to think about planning your funeral, a qualified DuPage County, IL estate planning lawyer can offer useful guidance.

Why Should I Plan My Funeral?

When you plan your future funeral, you get the benefit of having arrangements that are:

• Customized: You can tailor your service to suit your preferences. Whether you have opinions about religious aspects, aesthetic factors, musical choices, or anything else, they can all be incorporated into your funeral.

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 Posted on September 17, 2024 in Child Custody

Custody battles can take a toll on a family. However, sometimes, one parent fights for as much time as possible because they truly believe the other parent cannot provide a safe and healthy environment. If your spouse has a history of mental illness, substance abuse, addiction, or some other issue preventing them from raising your child in a way that suits their best interests, speak with a dedicated Arlington Heights, IL divorce lawyer about requesting a court-ordered psychological evaluation.

How is a Psychological Evaluation Requested?

If there is any concern about a child being placed in a harmful situation with an unfit parent, a psychological evaluation can be ordered to help the court determine whether the concerns are valid. These evaluations can be requested in one of two ways:

• By a parent: Parents have the right to request an evaluation if they are concerned that the other parent poses a risk to the child because of their mental health issues. It is important to note that an evaluation is expensive, and the person requesting it generally needs to pay for it along with any wages the other parent lost, given the time spent being evaluated.

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 Posted on September 11, 2024 in Child Custody

Most parents send their children to school, but homeschooling is growing in popularity. It is a big commitment to take responsibility for your child's education rather than entrusting it to trained teachers. While certain standards must be met, the teaching parent is largely free to tailor a curriculum to the child’s needs.

Homeschooling can be beneficial, but it has its drawbacks too, with limited socialization and potential for lower-quality teaching. It can become a problem for parents who share custody but are not on the same page about education. If your ex opposes your homeschooling your child, an experienced DuPage County, IL family law attorney can help navigate this.  

Illinois Parental Responsibilities Explained

Child custody in Illinois is divided into two categories:

• Parental responsibilities: This includes the ability, as well as obligation, to decide about things that can have a big impact on the child. One of these big decisions the parents have the right to make is about the child’s education.

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 Posted on September 09, 2024 in Family Law

Many parents and individuals yearn to welcome a child into the loving embrace of their homes. Adoption is one of the most generous ways to do this. While the exact adoption process that a person who hopes to adopt (also known as an "adoptive parent") must undergo will depend on what type of adoption that parent is pursuing, there is no adoption that will not be made easier with the help of an experienced Illinois adoption attorney. If you are hoping to adopt and want to know more about the process, contact the family law team at A. Traub & Associates to schedule a consultation.

What Types of Adoption Are There? 

When most people think of adoption, they tend to think of a newborn child going directly home from the hospital with the child’s adoptive parents. While this is indeed a common adoption scenario, there is a surprising number of other available types of adoption as well. These include: 

• Public adoption (adopting a child from a foster care placement)

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