Posted on October 09, 2015 in Main

For various reasons, a custodial parent may wish to move with his or her child to another state. However, this could lead to a contested child custody dispute. When the non-custodial parent does not want the relocation to occur, the custodial parent must obtain a court order allowing the move to take place.

Best Interests of the Child

The first step when a custodial parent desires to move a minor child with them out of Illinois should be to notify the non-custodial parent with the date of relocation, the address of the intended residence, and the duration of relocation. If the non-custodial parent agrees to the move, and does so by signing the notice, then a court order may not be required; however, it is a good idea to have an agreed order entered. If the non-custodial parent does not agree to the move, then the custodial parent will bear the burden of proving in court that the relocation is in the best interests of the minor child.

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 Posted on September 27, 2015 in Main

Consent is often required in order for a child to be adopted in order to ensure that a child's biological parent fully understands what placing the child up for adoption means—consent provides protection for a child who is placed for adoption. However, in certain circumstances, consent is not required for the adoption of a child.

Giving Consent

Under Illinois law, when consent is required, it can be given by a wide variety of people or entities, depending on the specific situation. Consent can be given by the biological mother and the father, if the father:

• Was married to the mother on the date of the birth of the child;
• Is the father by adoption or another legal method in the state of Illinois;
• Openly lived with the child or his or her mother, and openly claimed to be the child's father (for a child placed for adoption less than six months after birth);

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 Posted on September 18, 2015 in Main

When considering divorce, a couple often questions how their assets and property will be divided. While this determination is very important, it is often just as important to consider how the debts of the couple will be divided. In many ways, the division of debt is treated similarly to the division of property. However, there are additional issues to consider when dividing debt between divorcing parties.

Equitable Division

In Illinois, property and debt is divided in a way that is intended to be equitable to both parties. However, equitable division does not necessarily mean both sides will receive an equal share. In making this determination, the court will consider several factors such as the length of the marriage and the financial situation of the parties.

A divorcing couple can avoid having to deal with dividing debt altogether if they agree to pay off all of their debt prior to filing for divorce. While this provides a clean financial break from each other, many couples do not have the financial resources to utilize this option.

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 Posted on September 11, 2015 in Main

For individuals who adopt a child with special needs, there will often be challenges. Frequently, overcoming those challenges requires significant funds. However, through federal law and state adoption assistance programs, parents who adopt a child with special needs can obtain adoption subsidies to help pay for those expenses.

Special Needs

The term “special needs” refers to several different conditions. A child may be at risk of developmental, behavioral, or learning issues due to prenatal exposure to drugs or alcohol, or because his or her biological parents had an inheritable psychiatric illness. For purposes of adoption subsidies, Illinois law defines special needs as a child who has one of the following needs or circumstances that may be a barrier to placement or adoption without financial assistance:

• One year of age or older;
• Part of a group of siblings who are being adopted together where at least one of the children meets the criteria listed here;

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 Posted on September 04, 2015 in Main

Recently, hackers accessed the personal information of users of the online dating site Ashley Madison and released that information publicly.

Ashley Madison is unique in the online dating arena because it specifically targets individuals seeking to have an extramarital affair. The potential impact of the release of data associated with the website may prove significant and result in an increase in divorce filings.

The “Impact Team” Takes on Ashley Madison

Ashley Madison, owned by Avid Life Media, is a website that connects married individuals who desire to have an affair. In July, hackers known as the “Impact Team” were allegedly able to gain access to account information of Ashley Madison users. The Impact Team allegedly demanded that the site be shut down and, when it did not happen, the account information of 33 million profiles was allegedly released, including 36 million e-mail addresses.

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 Posted on August 28, 2015 in Main

For some families, it may be desirable for a stepparent to formally adopt a stepchild. The process for adopting a stepchild differs in many respects from other adoptions. While the process for adopting a stepchild can be faster, there are also important consequences and issues to consider. Often, the most significant hurdle to adopting a stepchild is obtaining the consent to the adoption by the other biological parent.

Process for Adoption

Under Illinois law, adopting a stepchild is completed through a process called related child adoption. A related child is one who has a certain relationship with a prospective adoptive parent, including adoptions where the parent is a stepparent. Related child adoptions differ in various ways from adoptions in which no such relationship exists between the adopting parents and the child to be adopted.

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 Posted on August 21, 2015 in Main

When involved in a divorce, it is possible that the court will order one spouse to pay the other spouse maintenance. These payments are intended to help support the spouse with a lower income. Whether maintenance payments are ordered depends upon numerous factors. Maintenance is not awarded in all divorces. However, when it is awarded, Illinois now provides judges with guidelines to help with calculating payments, although it is not mandatory that the guidelines be followed in all cases.

What is Maintenance?

The most significant form of maintenance is permanent, which is typically awarded when it is unlikely that a spouse will be able to secure adequate employment. Temporary maintenance can be granted for the period during which a divorce is pending or until the final judgment is entered. Finally, rehabilitative maintenance is granted to a spouse in order to allow him or her to complete an education or otherwise gain experience and skills which will enable the individual to secure gainful employment. Regardless of the type of maintenance, if the spouse ordered to pay maintenance does not make timely payments, the unpaid obligation accrues simple interest.

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 Posted on August 14, 2015 in Main

For numerous reasons, a parent may wish modify a child custody determination. While under most circumstances a modification of a child custody judgment is difficult to obtain, it is possible. Understanding the process of modifying a child custody judgment is important for parents who believe their child would benefit under a different custody plan.

Demonstrating Modification is Necessary

The court retains continuing jurisdiction to modify a child custody judgment. However, under most circumstances, modification of a child custody judgment will not be considered until after two years have passed since an original custody judgment is entered—it is believed that giving children the greatest amount of stability after a decision has been made is most beneficial for them. Under Illinois law, the only way a child custody judgment may be modified earlier than two years is if a court permits it on the basis of affidavits that there is reason to believe the child's present environment may endanger seriously his or her physical, mental, moral or emotional health.

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 Posted on August 07, 2015 in Main

An important part of a divorce proceeding is the division of property. An individual's pension and/or retirement accounts earned and/or acquired during the course of the marriage will be included as part of the marital property that is divided.

Pensions

Under Illinois law, both vested and unvested pensions can be considered marital property. Marital property is all property acquired by either spouse during the course of the marriage. Anything considered marital property must be divided equitably. It does not make any difference which spouse actually earned the pension or whose name the pension is in. An equitable division of property means that the property is divided fairly; however, it is not necessarily divided equally. In some cases, one spouse may be awarded a significantly greater amount of the marital property than the other spouse.

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 Posted on August 03, 2015 in Main

For some couples, the decision to divorce is a mutual agreement. When both parties are willing and able to cooperate, the use of mediation may be appropriate. Moreover, mediation can help divorcing couples understand the laws governing divorce and ensure that all issues are addressed.

The Mediation Process

A mediator is a neutral third party who helps to facilitate conversation and negotiation between a divorcing couple. It is highly advisable to hire a mediator who is a licensed attorney with a specialized focus on family law. By using a mediator with these qualifications, a divorcing couple can better ensure that all issues are addressed.

During the mediation process, a couple will meet with the mediator regularly, usually in a conference room or office. Through a series of meetings or sessions, each issue relevant to the divorce will be addressed and negotiations will begin. Important issues that may need to be resolved include the distribution of marital assets and the determination of child custody and visitation. Once each issue is resolved, the mediator (or, in some cases, an attorney of one of the parties) will draft an agreement and, when necessary, a parenting schedule or plan. Finally, these documents will become part of the judgment officially ending the marriage entered by the court.

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