Posted on January 09, 2025 in Sexual Harassment

In 2022, Illinois added several laws that further protected individuals who experience sexual harassment in the workplace. Unfortunately, sexual harassment is still far more prevalent than it should be. Almost 38 percent of women report experiencing sexual harassment at work, with as many as 80 percent of women in the restaurant industry.

Half of all women in the United States know someone who has quit or been fired from a job because of sexual harassment. More than 27 percent of all workplace harassment charges filed with the EEOC are for sexual harassment, which suggests there is still plenty of room for improvement in preventing sexual harassment in Illinois. If you are the victim of sexual harassment in the workplace, you need a highly skilled Wheaton, IL sexual harassment attorney.  

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 Posted on January 09, 2025 in Family Law

Illinois lawmakers have been introducing bills each year that would give divorcing parents equal parenting time (formerly known as "visitation"), starting in 2018 and continuing through 2023. So far, bills asking for equal parenting time splits have been defeated each year despite some strong-arm tactics by promoters. The National Parents Organization has thrown its full support behind these bills, while the Illinois Chapter of the American Academy of Matrimonial Lawyers has consistently pointed out the potential problems.

If one of these bills were to pass, the Illinois provision that states "Nothing in this Act requires that each parent be allocated decision-making responsibilities" would be removed. If you are in the middle of a divorce that includes child custody (known in Illinois as "parental responsibilities"), a bill like this could potentially affect you. Speaking to a knowledgeable St. Charles, IL parenting time lawyer can be beneficial.  

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 Posted on January 09, 2025 in Family Law

Many parents struggle to ensure their children have safe, affordable daycare options. Other parents face family law issues, including divorce, spousal support, the division of marital assets, parenting time, and the allocation of parental responsibilities and child support.

The new laws set to take effect in 2025 in the state are meant to make life a little easier for parents. If you have questions about these new laws, or need legal assistance with any family law issue you are facing, speaking to a Wheaton, IL family law attorney from Mirabella, Kincaid, Frederick & Mirabella, LLC can be beneficial.  

New Laws Set to Take Effect in 2025

There are several new Illinois laws that went into effect on January 1st that could potentially impact families. These include:

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 Posted on December 31, 2024 in Sexual Harassment

A woman sued the United States Postal Service in Cook County regarding an incident that occurred in October 2023. The plaintiff in the case alleges that her supervisor sexually assaulted her while she was delivering mail while on her Chicago route. The woman says the man forcibly entered her mail truck and made inappropriate sexual advances while exposing himself and groping her.

The lawsuit further claims that USPS management refused to address prior complaints against the supervisor and that he was known as a "serial assaulter" within USPS and the union. Even after the woman reported the sexual harassment multiple times, nothing was done. The lawsuit, seeking damages in excess of $75,000, alleges sexual harassment leading to a hostile workplace, along with assault and battery.

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 Posted on December 31, 2024 in Family Law

Determining the allocation of parental responsibilities can be a challenging part of divorce. Working out parenting plans and parenting time can be particularly contentious for those who have already disagreed about virtually every area of the divorce. Allegations may fly back and forth about whether the other parent is a "good" parent and whether he or she "deserves" parenting time. It is important to know that Illinois courts are very clear in their belief that, in most cases, spending time with both parents is in the child’s best interests.

As such, it is a very serious matter for one parent to claim the other is unfit. If it turns out that there is no proof of a single unfit action, the court will not take such an allegation lightly. An unfit parent is one who is deemed untrustworthy to take care of a child, and there is a high bar of proof to convince a court that there is a reason to prevent a parent from spending time with his or her child.

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 Posted on December 31, 2024 in Family Law

Suppose you and your spouse are divorced co-parents of your two children, ages seven and nine. One day, you go to the other parent’s home to pick the children up for your parenting time, and you find them alone. Your alarm increases when the children nonchalantly tell you they stay alone "all the time." You try to remain calm as you call your ex and ask why the children are alone. Your ex tells you it’s "no big deal" and that they had to run to the store to get a few items.

To avoid an argument, you do not press the issue further, but now the incident has morphed into something you constantly worry about. What if something should happen while the children are alone? Is it even legal to leave children that young alone? Because you and your ex have managed to have a friendly co-parenting arrangement so far, you are hesitant to make a big deal out of it but cannot shake your worry.

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 Posted on December 13, 2024 in Family Law

At least 62 percent of Americans own a pet, and about 35 percent have more than one pet. A whopping 95 percent of those with pets said they consider their pets a part of their family. While many of us consider our pets a part of the family, up until 2018, Illinois considered pets exclusively as property during a divorce. Like a piece of furniture, the rules that applied to the division of property also applied to pets.  

As of January 1, 2018, Illinois family court judges were given the authority to consider the well-being of pets during a divorce, although they are still legally considered property. If you and your spouse disagree about where your pets will live after the divorce, speaking to a knowledgeable Wheaton, IL divorce attorney from Mirabella, Kincaid, Frederick & Mirabella, LLC can be helpful. There are a number of factors a judge may now consider concerning pets.

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 Posted on December 13, 2024 in Family Law

In Illinois, the term "custody" has been replaced with "allocation of parental responsibilities." Visitation is now "parenting time." In many different situations, when a family court is considering the allocation of parental responsibilities, and there are questions about the wellbeing of the child or the fitness of one or both parents, it may be necessary to have the court appoint a guardian ad litem.

If a judge appoints a guardian ad litem (GAL) in your case, you should take this very seriously; the guardian ad litem is often known as the "eyes and ears" of the court. The manner in which you interact with the GAL can have a significant bearing on the outcome of the allocation of parental responsibilities. If you need more information regarding a guardian ad litem in your case, speaking to a highly skilled St. Charles, IL family law attorney can be beneficial.  

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 Posted on December 13, 2024 in Sexual Harassment

We are now years away from the beginning of the #MeToo movement that raised awareness of how often women experience sexual harassment in the workplace. Despite this, most women would say that workplace sexual harassment is still a serious concern. While both men and women can be sexually harassed in the workplace and sexually assaulted, 54 percent of women in the workplace will experience some level of sexual harassment.

Even more alarming is that according to the women who have reported sexual harassment by a man in the workplace, 95 percent of those men went unpunished. An estimated 60 million workers across the United States who reported sexual harassment or sexual assault in the workplace have been subjected to forced arbitration.

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 Posted on November 26, 2024 in Family Law

As of 2018, one in four parents living with a child in the U.S. were unmarried. This figure was driven by an overall decline in marriage and an increase in births outside of marriage. The 2018 numbers are a dramatic change from decades ago when only 7 percent of parents living with their children were unmarried.

When a couple divorces, the allocation of parental responsibilities is a part of the divorce process. But what happens when you were never married to the father of your child, and you are now separated? Or suppose your ex has taken your child to another state and is refusing to return the child until he is ready?

Since there is no formal agreement sanctioned by a judge, do you have any recourse in such a situation? Should you contact law enforcement? If you find yourself in such a situation, speaking to a St. Charles, IL allocation of parental responsibilities lawyer from Mirabella, Kincaid, Frederick & Mirabella, LLC can help.

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