Posted on October 11,2024 in Family Law

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. 

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 Posted on September 26,2024 in Child Custody / Parental Responsibilities

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.

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 Posted on September 12,2024 in Guardianship

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:

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 Posted on August 21,2024 in Child Custody / Parental Responsibilities

While sending children to school for their education is still what most parents in America do, homeschooling is quickly becoming a more popular alternative. As awareness of children’s unique abilities spreads, some families decide that a tailor-made learning environment is the best place for their children. However, parents who share custody need to be on the same page about this decision. If you are convinced that homeschooling is what your child needs but your ex-spouse disagrees, speak with a seasoned Chicago, IL parental responsibilities attorney who can help you reach an agreement.

What Are Parental Responsibilities in Illinois?

In Illinois, what people commonly refer to as child custody is divided into two main categories:

• Parenting time: Otherwise known as visitation, this is the time that each parent spends with their child. Parenting time can be decided through mediation or by the court. During parenting time, the parent is responsible for the child’s well-being.

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 Posted on August 06,2024 in Child Custody / Parental Responsibilities

Divorce can be tough on families. Parents need to make difficult decisions about the future that can affect their children’s well-being. Parents generally try to protect their children from any emotional harm related to the divorce. Unfortunately, some parents have such a toxic relationship that one spouse encourages parental alienation. That is the name for when one parent’s actions harm a child’s relationship with the other parent. This is a serious issue that can cause a great deal of pain to the child and the parent. If you are a victim of parental alienation, speak with an experienced Chicago, IL divorce lawyer to understand your rights.

Understanding Parental Alienation

Parental alienation is when one parent harms their child’s relationship with the other parent, intentionally or unintentionally. It is often caused by limited contact or a consistently negative portrayal of the other parent. Over time, these actions can make a child resent or fear the other parent. They often prefer not to maintain a relationship with them.

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 Posted on July 30,2024 in Child Custody / Parental Responsibilities

Parents generally have their children’s best interests at heart. However, under some circumstances, it can feel like too much is going on to make that possible. When it seems that parents involved in divorce proceedings cannot recognize and advocate for whatever would be in their children's best interest, a Guardian ad Litem (GAL) can be assigned to do so. When that happens, parents might feel apprehensive about it all. However, understanding the role of a GAL and how they contribute to the process can help alleviate your concerns. You might find that there are benefits to the arrangement. If you think a GAL might be appointed to represent your children’s interests, speak with a seasoned Cook County, IL divorce lawyer to understand how it can affect your case.

Objectivity

A GAL is appointed by the court to represent the best interests of children involved in divorce or custody disputes. Unlike lawyers, GALs do not advocate for either parent’s wishes but instead focus on what is best for the child. Their job is to conduct an impartial investigation - which can include interviews and home visits - to ensure that decisions made in court are focused on the child’s well-being.

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 Posted on July 08,2024 in Divorce

Most people would be surprised to find that, technically speaking, you can be jailed for committing adultery in the state of Illinois. In fact, under the current law, you could face up to a year in jail for the offense. Practically speaking, this law is rarely ever enforced, and the wording of the law is fairly ambiguous.

Even if a prosecutor chose to charge someone for the act of adultery, making those charges stick would be next to impossible. While prosecution for adultery is practically non-existent, there are plenty of angry spouses in the middle of a divorce who want to know whether their spouse’s indiscretion could give them an advantage.

Those dealing with an adulterous spouse should speak to a knowledgeable Chicago divorce lawyer who can listen to their story and help create a solid plan moving forward. While adultery generally makes little difference in an Illinois divorce, if there was dissipation of assets because of adultery, this could make a difference. An attorney can help you sort out the details of your divorce, protecting your rights and your future every step of the way.

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 Posted on July 02,2024 in Family Law

A recent landmark Supreme Court decision ruled on a case related to the Second Amendment rights of people under orders of protection. This case, US vs. Rahimi, addressed the issue of whether someone subject to a restraining order can have their access to weapons restricted. 

The ruling has significant implications in Illinois, where similar state laws dictate the possession of firearms by people who have been issued orders of protection. This article will discuss when someone’s possession of a weapon can be restricted because of an order of protection. If you think you could be directly impacted, contact a knowledgeable Chicago, IL family law attorney to learn more.

How Does an Order of Protection Affect Firearm Possession in Illinois?

When someone is accused of committing domestic violence, an order of protection can be issued against the alleged abuser. Otherwise known as a restraining order, an order of protection places restrictions on where the alleged abuser can go, who he/she can communicate with, and his/her right to bear arms. The state of Illinois has strict regulations about firearm possession for people under orders of protection, which include:

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 Posted on June 07,2024 in Divorce

Many couples decide to draw up a prenuptial agreement before their wedding. It has nothing to do with whether they think they will get a divorce. Having a plan in place “just in case” it becomes relevant in the future can provide them with a great degree of peace of mind. However, a common mistake people make is not hiring a lawyer to help them draft it. Without the proper legal expertise to understand what needs to be included, you might end up drafting a document that cannot be enforced and has no legal value. Rather than benefitting from the fact that you planned ahead, you might find yourself caught by surprise without any legally valid plan at all. If you and your fiance are considering signing a prenup, speak with a qualified Chicago, IL family law attorney who can help you avoid mistakes and draft an enforceable document.

3 Characteristics of an Enforceable Prenup

All prenups are different since their content is specific to the couple signing it. However, there are some characteristics that need to be present for it to be considered valid and enforceable. These include:

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 Posted on May 29,2024 in Child Custody / Parental Responsibilities

One fact that can be said about all people is that everyone is different. Even if you are from the same town, family, or religion, chances are you will react differently to the same thing. Because people are all so different, no two marriages are the same, and that goes for divorce, too. Some couples treat each other as enemies during their divorce and prefer to completely avoid each other whenever possible after it is finalized. Many divorced couples end up following common patterns, including a typical division of assets and shared custody plan. And other couples manage to live as partners even after their divorce. One interesting option for custody and living accommodations after divorce is known as birdnesting. This article will examine what birdnesting means, but if you are seriously considering it, speak with an experienced Cook County, IL family law attorney to find out more.

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