The Dos and Don'ts of Child Custody

 Posted on December 00, 0000 in Main

The process of divorce is emotionally taxing and complex. The process is even more challenging when there is an issue of child custody. There are, however, several tips which may make the process easier to overcome if followed diligently.

Be kind to your child: While this may seem obvious, it is important to keep in mind. Resist the temptation to take out your frustrations on your child. Additionally, when you are with your child, aim to be neutral or positive about his or her other parent. This will help to ensure that your child is not negatively impacted by your actions. On the other hand, if you know or suspect that the other party is attempting to negatively impact your child's feelings about you or your family, it is important that you speak with your attorney to minimize any negative influence on your child's emotional state.

Continue Reading ››

Adopting a Child in Illinois – Reviewing the Process

 Posted on December 00, 0000 in Main

The decision to adopt a child brings together individuals who desire to become parents of children who are in need of loving homes. While adoption is often extraordinarily beneficial for all parties involved, the process of completing one can be very complex.

Who May Adopt

Under Illinois law, any reputable person of legal age who has lived continuously in Illinois for at least six months immediately prior to the beginning of the adoption proceeding may adopt. A person who is a member of the armed forces of the United States must be domiciled in Illinois for at least 90 days. A person's domicile is their true and permanent home, to which they intend to return to even though they may be currently living somewhere else.

Continue Reading ››

How Does Domestic Violence Affect Child Custody?

 Posted on December 00, 0000 in Main

Ending a marriage through divorce is a difficult process, and is filled with many mixed emotions. The process is made more complicated when children are involved, particularly when one parent has been accused or previously convicted of domestic violence. The existence of domestic violence raises several issues that the court may have to address.

What is Domestic Violence?

Under the Illinois Domestic Violence Act (IDVA), domestic violence is defined as physical abuse, harassment, forcing a dependent to witness physical abuse of another person, interference with personal liberty, or willfully depriving a person of necessary items, such as medication, medical care, shelter, or food. Physical abuse includes sexual abuse as well as any of the following:

Continue Reading ››

Child Support and Visitation after Remarrying

 Posted on December 00, 0000 in Main

If you are getting married, a great deal of change will occur in your life. A majority of this change will likely be beneficial for you and your new spouse. However, if you had children in a previous marriage before getting divorced, your new marriage may impact child support and visitation.

Child Support

Historically, remarrying did not impact child support as courts did not examine the amount of a new spouse's earnings. This changed slightly when, in an Illinois Appellate Court decision, it was held that the “trial court may equitably consider the income of a parent's current spouse in determining an appropriate award of support.” As a result, courts are not prohibited from considering a new spouses income when addressing certain modifications of child support.

Continue Reading ››

International Adoptions: Overcoming the Complexities

 Posted on December 00, 0000 in Main

Adopting a child from another country is more complex than a domestic adoption. These type of adoptions can be expensive and can take longer to complete. However, this does not make adopting a child from another country impossible. Rather, it just means that there are additional issues of which prospective adoptive parents should be aware.

Hague Convention

The Hague Convention on the Protection of Children and Co-operation in Respect of Intercountry Adoption (Hague Adoption Convention) was designed to provide safety for the children and parents involved in adoptions. The specific objectives are to establish:

Continue Reading ››

What is an Adoption Home Study?

 Posted on December 00, 0000 in Main

An important part of the process leading up to adopting a child is the adoption home study. Because of the length and thoroughness of home studies, you may feel overly burdened and like your privacy is being invaded. But, it is important to keep in mind that the home study is a tool to ensure that your adoption will be a successful one for both you and your adopted child.

What Does a Home Study Include?

An adoption home study is a document written by a home study worker about the prospective adoptive parents. It includes information gathered from interviews with each family member living in the prospective parents' house. The interviews will likely be fairly exhaustive and may take some time to complete. Typically, the interviews occur in the prospective parents' home.

Continue Reading ››

What Happens to the House in a Divorce?

 Posted on December 00, 0000 in Main

Determining who will get the house is often one of the biggest issues that must be resolved for people going through the divorce process. It is likely that a house is a couple's most highly valued asset, and the decision of what happens to the house is affected by several factors.

Equitable Division

Illinois is an equitable division of property state. Hence, property in a divorce is divided as fairly as possible. One spouse may end up with significantly more because the court awards property based on what each spouse contributed to the marriage. If one spouse had significantly higher financial earnings, the division of property may weigh heavily in that party's favor. But, it is important to note that the court also considers the value of a stay-at-home spouse.

Continue Reading ››

Division of Property upon Divorce

 Posted on December 00, 0000 in Main

When a couple is married, they will likely obtain a great deal of personal and real property during the course of their marriage, particularly when they are married for a significant period of time. Therefore, when a couple decides to divorce, how that property is distributed becomes a critical issue.

Agreement

Under Illinois law, divorcing parties may enter into a written or oral agreement containing provisions for the disposition of property owned by either party. This agreement is binding on the court unless it is found to be unconscionable. In determining whether an agreement is unconscionable, the court will consider the economic circumstances of the parties and any other relevant evidence. If the court finds that the agreement is unconscionable, it may request the parties to submit a revised plan or agreement.

Continue Reading ››

Paternity Determinations in Illinois

 Posted on December 00, 0000 in Main

There are several important reasons why a single parent should legally determine paternity, such as to obtain support or to establish a family relationship. Furthermore, there are numerous ways in which paternity determinations can be initiated and resolved. If you are involved in a paternity dispute, it is important to understand the different ways legal paternity may be determined in Illinois.

Parent and Child Relationship 

The parent and child relationship is defined as the legal relationship existing between a child and his or her natural or adoptive parents. This is important because the law confers or imposes rights, privileges, duties, and obligations on this relationship. Illinois specifically states that it includes the mother and child relationship and the father and child relationship.

Continue Reading ››

Child Support after a Child Reaches Majority

 Posted on December 00, 0000 in Main

Ordinarily, an obligation to pay child support ends when a child reaches the age of 18 or graduates from high school, whichever occurs later. However, under certain circumstances, a support obligation may continue beyond age 18 and graduation from high school.

Child Support in Illinois

Under Illinois law, a child support order must state a date when the support obligation ends, which cannot be earlier than the date on which the child will turn age 18. However, if a child turns 18 while still in high school, the support obligation must continue until the child graduates from high school or until he or she turns age 19.

However, in Illinois, a judge may award support for a child who has attained majority under the following circumstances:

Continue Reading ››