Recent Blog Posts
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:
Navigating Homeschooling and Co-Parenting in Illinois
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.
Parental Alienation in Illinois Divorce
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.
The Benefits of Being Assigned a Guardian Ad Litem
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.
Does Infidelity Impact an Illinois 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.