Recent Blog Posts
What Do I Do if My Baby’s Father Refuses to Establish Paternity?
In Illinois, when a married couple has a baby, they are automatically recognized by the state as the baby’s parents. If the couple is unmarried but both parents want the father to maintain a relationship with the child, the process of establishing his paternity is fairly clear-cut; He can sign a Voluntary Acknowledgement of Paternity, which will have him listed on the baby’s birth certificate as the father and entitled to parental rights and responsibilities.
When the parents are not married and the father denies his role in the child’s life, establishing paternity becomes more complicated, with legal procedures required to address it. If you want your baby’s father to play a role and he refuses to acknowledge that he is the father, speak with a qualified Illinois family law attorney to understand your options.
Discovering Hidden Assets Years After an Illinois Divorce
Hiding assets so that the other spouse ends up with less than they are entitled to in a divorce is illegal, but it is still something many people try to do. There are various steps courts take to prevent this and to ensure a just division of assets, including granting the other spouse a disproportionately larger amount in the divorce to make up for what the hiding spouse tried to conceal.
What happens when you do not discover that your spouse was hiding assets until years after your divorce was finalized? Is there any way to be compensated and to hold your ex accountable? If you find yourself asking these questions, speak with a qualified Chicago, IL family law attorney to learn more.
Reopening a Divorce Case
Hiding assets refers to when someone is intentionally dishonest about the assets they have so they do not need to divide them with their spouse in their divorce settlement. In Illinois, it is considered a form of fraudulent concealment, and if you can prove that it happened, you might be able to get your divorce case reopened, which could result in getting your divorce decree modified or vacated in a way that benefits you.
How Are Custody Battles for Children Over 14 Handled in Illinois?
For Illinois parents navigating separation or divorce, one of the hardest issues to overcome is child custody. When younger children are involved, courts primarily focus on what is in their best interests, which can include considerations like the child’s relationship with each parent and the parents' respective ability to provide a stable home. When the child is older, especially after age 14, Illinois law allows for changed considerations regarding custody and parenting time. To learn more, speak with an experienced Chicago, IL family law attorney.
The Role of the Child’s Preference
In Illinois, 14-year-olds enjoy the added benefit of having their opinions start to carry more weight in custody decisions. While this does not mean that a child automatically gets to choose which parent to live with, the court must take the child’s wishes into account if he or she is mature enough to express them. This is quite different from the way such matters are handled for younger children, with the court mostly looking at what the parents can offer in terms of care, stability, and support.
My Spouse Is Wasting Our Money Before Our Divorce. What Can I Do?
Divorce can be a challenging and emotional time. One of the main issues people tend to feel stressed about when they are getting ready to end their marriage concerns money and how they will manage once they are no longer jointly responsible for their finances. Unfortunately, some people decide to spend recklessly or hide assets as a divorce approaches so that their spouse ends up with much less than they deserve in a fair division.
If you are worried that this is happening to you, you do not need to deal with it alone. Illinois law provides tools to address these concerns, so you can work to protect your financial future. An experienced Chicago, IL family law attorney can help you investigate your suspicions. If your spouse is guilty of dissipation of assets, we can work together to remedy the situation.
Can Cannabis Use Impact My Illinois Child Custody Case?
Illinois has joined many states that have legalized the use of medical and recreational cannabis in recent years. While marijuana is now legal for adults in Illinois, it can still have implications in family law, particularly in child custody cases. If you use cannabis and are involved in a custody battle, speak with a knowledgeable Cook County, IL child custody lawyer to understand how cannabis use could affect your case.
The Impact of Cannabis on Child Custody Decisions
Family law courts in Illinois always prioritize a child’s best interests when making any decision that can affect that child. When child custody – known in Illinois as "parental responsibilities" – is being discussed, the judge will consider many factors to decide what the safest and most beneficial arrangement would be for the child.
How Will We Cover Our Kids' College Expenses After Divorce?
When parents get a divorce, one common concern is related to how they will cover various expenses for their children. Many people are surprised to find that their obligations do not necessarily end when the child turns 18 years old, as they might be required to cover college expenses. Because college education can be expensive, divorced parents in Illinois might need to come up with an arrangement to help pay for it if not already addressed in the parties’ Allocation Judgment or Marital Settlement Agreement. If you have specific questions about your personal situation, make sure to speak with an experienced Illinois parental responsibilities lawyer to learn more.
Do Divorced Parents Split the Cost of College?
In Illinois, child support laws do not include college tuition or other education-related costs after the child turns 18. Sometimes, parents agree during the divorce to help cover college-related costs, and they can include this in the divorce settlement. However, parents can also be ordered by the court to assist their child with the cost of college. Illinois is one of the few states that can require parents to help a child pay for college, and Illinois courts are increasingly using their discretion to order parents to contribute.
Can My Ex Accuse Me of Kidnapping My Own Child?
One of the most common things typical parents do is worry about their children's well-being. A parent's main job is to take care of their child and make sure they are healthy and safe. It can be extremely painful for the child when there is a toxic family dynamic and the child’s best interest is no longer a parent’s top priority.
In some extreme cases with especially harsh custody battles, one parent might take a child away from the other in violation of a legally authorized parenting plan. In other cases, a parent can falsely accuse the other of doing that as well. Accusations of parental kidnapping are taken very seriously in Illinois. If you are accused, you need to act quickly to ensure that you do not suffer the consequences of your ex’s irresponsible actions. Speak with an experienced Cook County, IL family law attorney to learn more.
How Should I Respond to an Order of Protection Against Me in Illinois?
Accusations of domestic violence are dealt with quickly and seriously in Illinois. Victims of abuse can be granted a restraining order, officially known as an Order of Protection, against someone the victim claims has been violent. It requires several steps to be finalized, but in urgent cases, an Emergency Order of Protection (EOP) can be granted almost immediately.
While this is only a temporary arrangement until claims can be properly investigated, an EOP can significantly restrict your life by limiting where you can be and who you can be with. If your child’s other parent accuses you of domestic violence, you could be served with an EOP legally prohibiting you from being in or near your own home before anyone can confirm or reject the accusations. If this happens to you, contact an experienced Cook County, IL family law attorney as soon as possible to ensure your rights are protected.
Can I Demand More Child Support if My Ex Gets a Raise?
One of the most contentious issues that comes up during divorce proceedings between parents is how they should address child support payments. People are naturally anxious about managing their finances when they need to handle all their expenses as a single-income household. Understanding how serious a child support decree is for both parents, the court will only decide how much payments should be after considering information about each parent’s financial situation and the child’s needs.
However, any agreement reached will be based on the facts at the time of the divorce. If the situation has changed - for example, if your spouse pays you child support but has gotten a significant raise, and you want to know whether you can get increased payments - speak with a knowledgeable Cook County, IL divorce lawyer.
What Does Child Guardianship Mean in Illinois?
In the majority of families, parents have children and raise them through the children’s lives. The parents provide food, shelter, clothing, and a loving and safe environment. Unfortunately, some parents cannot or will not suitably raise their children. In such cases, a responsible adult - generally an aunt, uncle, stepparent, grandparent, or someone else in the child’s life - can take over the responsibilities that a parent is supposed to handle.
While child guardianship is not the same as adoption, it is similar in that it authorizes someone other than a parent to take over the role of primary caregiver. If this is something you are interested in doing for a child in your life who is not being properly cared for, speak with an experienced Cook County, IL family law attorney.
Child Guardianship vs Adoption
Child guardianship is a legal arrangement that authorizes someone to make important decisions on a child’s behalf when the parents are unable or unwilling to. This can include decisions about education, healthcare, and general welfare. Although guardianship and adoption may seem similar, there are two main differences between the two: