Posted on January 31, 2022 in Child Custody / Parental Responsibilities

Many parents experience conflict in their divorce and one of the most contentious areas is often issues related to the children. Parents will often try to compete with each other to be the best parent and sometimes use the children as weapons in a sort of proxy war to “get back” at each other for the hurt they experienced in their marriage. 

For other parents, however, there are legitimate concerns about the parental fitness of their former spouse and concerns about the wellbeing of the child. If you are interested in obtaining the majority of parenting time with your child or being allocated full parental responsibilities, read on.

Illinois No Longer Uses the Concept of “Custody”

Even if a child in Illinois spends all their time with one parent, that parent does not have “full custody” of the child because Illinois no longer uses the term “custody” at all. To allocate the process of childrearing more equitably between parents, Illinois law now uses the terms parenting time and parental responsibilities instead. “Parenting time” describes when a child will be with a specific parent, and “parental responsibilities” describes important decision-making responsibilities on behalf of the child for major issues. 

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 Posted on January 19, 2022 in Divorce

Divorce is hard on kids in Illinois. They have little to no control over the situation, very little understanding of why it is happening, and often are left to deal with intense emotional fallout from parents who cannot cooperate. Parents who are unable to agree on issues like parenting time and parental responsibilities can expose their children to protracted arguments in which the children feel pressured to take a side. While children are young and impressionable, parents may feel they have successfully “won” their child’s affection and managed to keep them from the other parent. 

But, eventually, children grow up and begin to see the world more clearly. Add to that a hefty dose of teenage hormones, and parents may find they suddenly have a child who prefers their other parent. It can be very difficult to see your child express a preference to live with their other parent, but Illinois courts do take the preferences of the children into account when making decisions about where the child will spend their time. To learn more about when a child can choose the parent they want to live with, read on. 

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 Posted on December 23, 2021 in Family Law

Getting the news that you are being investigated by the Illinois Department of Child and Family Services (DCFS) may be one of the most frightening and confusing moments of your life. You may wonder who is responsible for making the report that triggered the investigation and feel angry that your parenting abilities are being called into question. In our last post, we discussed what the DCFS investigation process looks like and whether DCFS has the ability to take a child out of their parent’s home. In this post, we will look at some of the people who are frequently involved in DCFS investigations. Each DCFS case is unique, so if you have any questions, be sure to talk to a qualified Illinois family law attorney. 

Child Protection or Welfare Specialists 

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 Posted on December 08, 2021 in Child Custody / Parental Responsibilities

Parents who have been contacted by the Illinois Department of Children and Family Services (DCFS) may feel an entire range of emotions - fear, anger, confusion, uncertainty. All of these reactions are normal. The Illinois DCFS is an agency with significant decision-making power when it comes to the welfare of children in the state, and parents need to take investigations seriously. 

However, it is important to remember that an investigation does not automatically signal the termination of parental rights or the removal of children from their home. If you just found out you are the subject of a DCFS investigation and you want to know more, read on. With the help of an experienced Illinois parental rights attorney, you may be able to successfully fight allegations and protect your family. 

Why Am I Being Investigated? 

DCFS investigations generally begin after somebody calls the agency to report abuse or neglect. There are state hotlines people can call, and the person reporting the abuse is often a teacher, healthcare provider, or neighbor. Unfortunately, irresponsible actors can also level false allegations of abuse or neglect. Until you know more about the allegation, it is important to remain calm and not jump to conclusions about who may have reported you. 

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 Posted on November 16, 2021 in Prenuptial and Postnuptial Agreements

 Prenuptial and postnuptial agreements can be helpful financial instruments when seeking to protect individual assets and debts in the event of a divorce. However, for these agreements to do either spouse any good, they must be written in a way that ensures they are enforceable. 

Understanding what might make a prenuptial or postnuptial agreement invalid is an important part of constructing a sound legal instrument that protects both spouses from dispute and heartache down the road. In an age where online legal resources are widely available, consulting a qualified Illinois prenuptial agreement attorney is well worth the time and effort to prevent foreseeable problems. 

Nullified Premarital Agreements

There are several factors that could cause an Illinois court to nullify a prenuptial agreement (and generally speaking, issues that invalidate a prenuptial agreement can also invalidate a postnuptial agreement). These include, but are not limited to: 

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 Posted on November 10, 2021 in Prenuptial and Postnuptial Agreements

In a previous post, we discussed common misconceptions about prenups. Now that you know what a prenup is not, you may want to know what a prenup is. How far should a prenup go? Does a prenup last forever? Having an understanding of the basics of prenuptial agreements can help you prepare to negotiate a fair agreement that places your marriage on a firm footing. Everybody’s situation is unique, so be sure to ask your specific questions to a qualified Illinois prenuptial agreement attorney. 

What Can I Include in a Prenuptial Agreement? 

• Premarital debts and assets - The most common use of a prenuptial agreement is to protect assets that were owned by one spouse before getting married. It can also protect a spouse who does not have debt from having to pay it off after divorce. Spouses may continue the financial provisions of a prenup indefinitely, or agree to a gradual transfer of wealth after a certain number of years of marriage. 

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 Posted on October 29, 2021 in Child Custody / Parental Responsibilities

Parents getting divorced in Illinois have many different issues to handle as they create a parenting plan for their children. Determining how to allocate important decision-making responsibilities, creating a plan for parenting time, and agreeing about how the children will be moved back and forth are all questions that must be dealt with. 

In addition to these major well-known issues, there is an additional provision called the “right of first refusal” that parents must address in their parenting plan. As with other issues related to the children, parents who work together can create a right of first refusal provision that allows them the flexibility they need. 

Understanding the Right of First Refusal 

Many changes have happened in Illinois family law in recent decades, and the right of first refusal is one such change. These changes reflect a shifting cultural attitude, supported by substantial research, that children are better off when both parents play as large of a role in their children’s lives as possible following a divorce.

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 Posted on October 15, 2021 in Child Custody / Parental Responsibilities

A parent’s relationship with a child is one of the most precious and enduring joys of life. Unfortunately, sometimes the strength of this relationship can be threatened by divorce and the process of splitting a family into two separate households. Parents in Illinois are often understandably worried about what this means for their relationship with their children. As a result, making decisions about child-related issues during divorce can become contentious and difficult. 

About five years ago, the Illinois legislature updated the law regarding children’s issues when parents get divorced. Rather than referring to “custody” or “visitation,” Illinois law now uses the terms “parental responsibilities” and “parenting time,” respectively. It is important to understand what these two terms mean and how they might apply to you.

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 Posted on September 16, 2021 in Divorce

Before divorce proceedings begin and a couple starts negotiating their differences, it can be difficult to tell whether a marriage is likely to end with hostility or respect. Spouses frequently surprise each other by the extent to which they are willing to fight over seemingly small issues. Likewise, a couple may also be surprised by how smoothly they can negotiate.

Although divorce is rarely predictable, certain things can let spouses know whether attempting mediation rather than divorce court is likely an effective strategy. Both mediation and divorce trials have pros and cons, and spouses getting divorced would be wise to weigh their options before making any decisions.

What are the Benefits of Mediation? 

Mediation can be a great strategy for couples who can communicate well and are willing to work hard to minimize hostility and resentment. Openness, honesty, and a willingness to put certain personal differences aside will help divorcing parents focus on more important things like asset division, child support, and allocation of parental responsibilities. 

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 Posted on September 10, 2021 in Child Custody / Parental Responsibilities

When questions arise in an Illinois court case regarding the best interests of a child, there are many different people who may potentially be involved. Attorneys for each parent, child welfare agents, and other parties advocating for the best interests of the child may each play a role with slightly different responsibilities. 

In this article, we will examine the roles of child representatives, guardians ad litem, attorneys for the child, and custody evaluators. If a guardian ad litem has already been assigned to your child custody case, read our previous article to find out more about what you can do. 

What is a Child Representative? 

Child representatives are attorneys for a child and are tasked with advocating for the child’s best interests. They must investigate the circumstances and facts surrounding a case, meet with children and other relevant parties, and can be involved in court hearings related to allocation of parental responsibilities, parenting time, or overall parental fitness. Unlike a guardian ad litem, child representatives may not be called as witnesses to testify in court, and they do not submit a report to the court but instead provide evidence-based legal arguments. 

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