Posted on December 07,2017 in Paternity

Fathers’ struggles against unfair co-parents are fairly well known, with many citing statistics about unequal treatment granted to men during parenting time allocation or discussion of spousal support. However, it is important to remember that the opposite narrative does exist. Some mothers have good reasons to fear or dislike the thought of their former partner having visitation rights. If you are suddenly served with a notice of a DNA test or paternity suit, it can be both confusing and frightening.

Voluntary Acknowledgments of Paternity

The public policy of the state of Illinois is to make it so that children have contact with both parents unless there is persuasive evidence to show otherwise. In the case of unmarried parents, this means that the father of the child in question must be determined. Generally, this is done not long after a child is born when both parents complete a Voluntary Acknowledgment of Paternity (VAP). If the alleged father does not sign the VAP, he has no legal rights to any parenting time or parental responsibilities for the child in question.

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 Posted on December 05,2017 in Child Custody

If you are a parent facing divorce, you probably have a lot of questions and concerns. For many divorcing couples with children, one big hurdle is the issue of how the children should be raised. Some couples share custody 50/50 while others have a custodial parent who has the children more often and a non-custodial parent who has the children less often. There is no perfect way to determine custody of children post-divorce, but experts do have a few guidelines for divorcing parents.

Putting the Child First

Years of research have suggested that shared custody is the best for children. Professor of psychology and author Richard A. Warshak, PhD has made his life work studying the effects of divorce on children. His most recent findings suggest that children who spend at least 35 percent of the time with each parent do better than those who see one parent infrequently. Children who have both of their parents heavily involved in their lives tend to do better academically, socially, emotionally, and psychologically. They are also less likely to abuse drugs and alcohol or suffer from mental illnesses.

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 Posted on November 30,2017 in Mediation and Collaborative Law

As anyone who has been through a divorce will tell you, tension between two divorcing spouses can run high. The emotional turmoil and stress of the divorce can make it difficult for couples to come to a decision about how they want to proceed with their divorce. In some divorces, a neutral third party called a family law mediator or divorce mediator is employed to help couples come to an agreement on issues.

The job of a mediator is to help couples end their marriages as amicable and cost-effectively as possible. Many couples with children use divorce mediation in order to decide how they will share custody and parental responsibilities for the children. Divorce mediators may also help with decisions regarding the distribution of property, retirement, wills, or other financial concerns.

What Types of Couples Could Benefit from Mediation?

Many couples who are experiencing marital problems seek a therapist to help them work through their conflicts and stay together. Mediation is not the same thing as couples’ therapy. Divorce mediation takes place after a couple has decided for sure that they are going to end their marriage.

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 Posted on November 28,2017 in Domestic Violence

Sadly, domestic violence remains a serious problem in this country. According to the National Coalition Against Domestic Violence, approximately 20 men and women per minute are physically abused by an intimate partner in the United States. More than 10 million people are victims of domestic abuse each year, and nearly 20 million women and 5 million men have been victims of stalking and other forms of harassment.

Domestic violence can be physical, psychological, emotional, financial, or sexual. Because many victims try to justify their abuser's actions, or assume that their behavior will improve, they do not report the abuse. This is especially dangerous because domestic violence situations frequently escalate. To combat this abuse, all 50 states have laws that allow for some form of protective order, sometimes called a restraining order. While orders of protection cannot physically stop an abuser from contacting or touching you, they do promise serious consequences for perpetrators who choose to violate the terms set forth in such orders.

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 Posted on November 22,2017 in Divorce

A divorce is widely considered the second most stressful life event a person can experience. It is second only to the death of a spouse. For those contemplating ending their marriage, there are many things to understand and plan for in advance. One of the many concerns that people considering divorce have is how it will affect them financially. There is no avoiding the fact that a divorce will change your financial situation but that does not mean that a divorce has to be a financial disaster. With some planning, help from professionals, and a little creativity, you can keep your divorce cost manageable.

Be Aware of Your Finances

Experts encourage people who are planning to divorce to immediately begin tracking their household income and expenses. In many marriages, only one of the spouses handles the money management. When two people divorce, they will both become responsible for sticking to a budget, paying taxes, and managing bills and surprise expenses. Taking stock of your current financial situation will not only help you prepare for being single but will also help your attorney advise you regarding splitting assets and debts and allow you to account for spousal or child support.

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 Posted on November 17,2017 in Prenuptial Agreements

Archaeologists recently found the world's oldest known marriage contract in Turkey. The contract, which is inscribed on a clay tablet, mentions infertility and divorce. Experts believe the tablet is approximately 4,000 years old. The tablet is astonishingly similar to a modern-day prenuptial agreement, as it represents a marriage contract between a man named Laqipum and a woman named Hatala.

Among the provisions in the contract is one that specifies what will happen if Hatala is unable to have a child. It says that if this happens that Hatala must buy a slave woman to effectively serve as a surrogate. It also details stipulations in the event of divorce. According to a rough translation of the tablet, If Laqipum chooses to divorce his wife, he must pay her a certain amount of money. Likewise, if Hatala chooses to divorce her husband, she must pay him the same amount.

The Benefits of Using a Prenuptial Agreement

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 Posted on November 15,2017 in Divorce

If you are a parent who is considering a divorce, you probably have a thousand worries and questions. How will the divorce affect my children? Will the kids think the divorce is their fault? How can I explain to my children that their parents are no longer going to be married? While there is no one perfect way to tell your children that their parents are splitting up, experts do have some guidelines that can help make the process of telling your children about the divorce go as painlessly as possible.

Vikki Stark, psychologist and author, has interviewed over 100 children and adults about what it was like hearing that their parents were getting divorced. Through these conversations, Stark learned how parents can best break the news to their children in an age-appropriate and compassionate way. She suggests that you do your best to:

• Keep your emotions in check: Understandably, telling your children that you are going to divorce is an emotional conversation. It is reasonable that you will feel nervous, sad, and overwhelmed. However, children often mimic behavior of adults—especially their parents. So, if you are calm and collected when sharing the news, it will help your children also feel calm and comforted;

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 Posted on November 09,2017 in Child Custody

After a divorce, it is not unusual for the spouses to seek new beginnings. They may find new partners, look for new jobs, or move to a new town. Divorced parents, however, are not usually free to move their children with no strings attached. There are several circumstances in which a court may intervene - most importantly, if the parent with primary residential responsibilities wishes to move a significant distance or out of state.

The Rights to Parenting Time

The most common situations in which a child need to relocate are (1) when his or her parent remarries; and (2) when the parent or the parent’s new spouse receives a job offer in a different city or state. A parental move, however, can affect the parenting time rights of the other parents, which may be inequitable and unjust.

Under Illinois law, a parent has the right to parenting time with his or her child unless a court decides that spending time with that parent would pose a danger to the child’s “physical, mental, moral or emotional” health. The parent’s right will be upheld in all but the most extreme circumstances. It has been upheld even for parents who have been, for example, incarcerated or institutionalized in a mental health facility. Thus, the other parent’s rights must be taken into account when faced with a potential move that would drastically lessen his or her parenting time.

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 Posted on November 08,2017 in College Expenses

In most cases, a parent’s child support obligations end when the child turns 18 years of age. However, there are some occasions where a parent may be required to contribute to their child’s expenses and upkeep even after the child reaches majority. The most common occasion is when college comes into question, but others exist.

What Should Be Covered?

The Illinois Marriage and Dissolution of Marriage Act discusses the situations in which non-minor child support may be awarded by the court during a divorce proceeding or at a later date. The court may order support for an adult child who is mentally or physically disabled and will require an elevated level of care for the foreseeable future or for the educational expenses for a minor or non-minor child. While the care of a disabled child is a fairly straightforward endeavor, the question of what constitutes “educational expenses” and who should pay them can get quite complex.

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 Posted on November 02,2017 in Domestic Violence

Accusations of domestic violence are all too common in family law cases. While there is little question that domestic abuse is a real problem for thousands of Illinois families, sometimes, such allegations are little more than a ploy to gain an advantage in a divorce or parental responsibilities (child custody) proceedings. If you have been accused of domestic violence, you need to understand what steps you can take to protect yourself and your legal rights.

Protective Orders and Temporary Restraining Orders

Victims of domestic violence in Illinois can apply for an order of protection—sometimes called a temporary restraining order—without any notice in advance to the alleged abuser. A judge will issue the order if the victim’s application meets all of the legal requirements and the victim’s testimony indicates that the alleged abuser presents an immediate danger. In cases of actual abuse, quick action is often necessary and appropriate, but when the allegations are exaggerated or completely false, it puts the subject of the order at a serious disadvantage.

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