Recent Blog Posts
Surviving the Holidays After a Divorce
The holiday season is full of activity and good cheer as people head out to numerous gatherings with family and friends. For people who have recently divorced, however, this season can lead to feelings of alienation, isolation, and loneliness as they try to cope with the realities of being surrounded by loving couples at parties and gatherings. Others may be strained financially due to the legal costs of the divorce process and feeling stressed about buying gifts.
It does not have to be that way, however. According to Forbes, the stigma that once accompanied divorce has all but disappeared. Almost everyone knows someone who has divorced or is filing for divorce, and most people understand both the feelings of relief and the grief as well as the financial strain that can accompany the life change. Instead of lamenting over your single status this holiday season, consider celebrating this chance to start over instead.
What Are the Differences Between Adoption, Foster Care, and Guardianship?
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.
Foster 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.
Harsh Consequences May Loom for Online Adoption Agencies Soliciting in Illinois
On October 28, 2013, the state of Illinois, led by Attorney General Lisa Madigan, filed a lawsuit against Adoption Network Law Center based in California. The defendant is an online adoption agency that has broken numerous state laws by advertising and soliciting online adoption customers from the state of Illinois. The attorneys here at Angel Traub and Associates are carefully watching this case in order determine what effects it will have on adoption law in Illinois.
State of Illinois v. Adoption Network Law Center
The defendant, Adoption Network Law Center, is a California based online adoption agency and one of the very first websites that comes up in "online adoption" searches in Google. On their website, Adoption Network Law Center promises simple adoptions for a fee. In the State of Illinois' lawsuit it is alleged that Adoption Network Law Center is not certified by the Illinois Department of Children and Family Services (IDCFS) to provide adoption services, and thus is in violation of the Illinois Adoption Reform Act. Preceding the lawsuit, the attorney general sent cease and desist letters to Adoption Network Law Center and similar online adoption websites. Adoption Network Law Center did not stop advertising in Illinois, and as a result the above mention lawsuit was filed.
New Law Allows Gambling Earnings to Be Taken to Pay Child Support
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.
Earlier 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.
Joint Custody in Illinois
Illinois 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:
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The wishes of the parents;
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The wishes of the child;
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The nature of the child’s relationships with each parent and siblings;
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The mental and physical health of each parent;
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The child’s adjustment to new home or school environments;
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The possible threat of abuse by a parent;
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The parent’s willingness to encourage the child’s ongoing relationship with the other parent.
More Grandparents are Raising their Grandchildren
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:
Who Keeps Family Pet after a Divorce?
People often consider pets to be family members. That deep affection means that cats and dogs can be sore subjects during divorce cases. Who should have custody of the family pet when they family has split? The fact is that legally, pets are often looked at as property when dividing assets during a divorce. There are certain facts that can be influence the decision of where Fido ends up.
The owner of the pet is often given precedence in any pet custody case. It is similar to the determination of separate property or marital property. If the pet was purchased before the marriage, then it may be considered a separate asset not subject to division. But the initial purchase won’t be the only way to pay for a pet; there are also considerations about who pays for the pet&s food and medical expenses.
The other way that custody is decided is based on who provides care for the animal, much like when determining child custody. That could mean that the person who takes the animal to the vet or the person who takes the animal for walks can have an easier time claiming pet custody. Another way to show who the primary caregiver of a pet is who cares for the animal during the split.
Choosing a Guardian for Your Children
The idea of both you and your spouse dying before your young children become adults may seem unfathomable. Every day, however, illness or accidents leave children without a parent. If you have not chosen a guardian, the courts would determine guardianship. The courts may not choose the person you would have chosen. Do not risk this scenario. Using guidelines and proper legal counsel can make the decision easier.
Who Do I Choose?
Choosing a family member may seem like the natural choice but it may not always be the right choice. You should weigh the suitability of your family members as you would any potential guardian. Here are some things to consider when determining a potential guardian:
- Do they share your religious beliefs? If not, would they be willing to support the religious choice you have made for your children?
Are You a Victim of Parental Alienation?
With a large number of divorced parents remaining in conflict, many children are at risk for psychosocial problems. One of these problems is parental alienation. Parental alienation is a situation where a child exhibits an unjustified anger or distain for a parent due to the vilifying of that parent to the child by the other parent. The noncustodial parent is typically the target.
Clearly, the target parent is being harmed. Their relationship with the child is being damaged and the time lost with that child can never be regained. But parental alienation has consequences to the child as well. According to information Our Family Wizard, parental alienation can be a factor in psychological and behavioral issues for the child, including drug and alcohol abuse, eating disorders, mood disorders, depression, anxiety, and panic attacks.
Coping With Divorce PTSD and Anxiety
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.
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