The best interests of the child is the backbone of not only the family law system but, ethically, society as a whole. Notwithstanding abuse or neglect, parents generally have certain rights, including the right to parenting time.  However, the situation becomes much more complicated when paternity of a child is unknown. The complexities and nuances of sensitive issues like paternity can be painful, humiliating, and frustrating to both the mother and the father, and most especially, the child.  A  family law attorney can advocate for parentage rights.

Establishing Paternity

Three ways in which paternity is established include the following:

• A Voluntary Acknowledgement of Paternity (VAP) form must be signed by both parents and filed and witnessed by the Department of Healthcare and Family Services.

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Negotiating education expenses for a child in a divorce decree can be contentious, especially if the divorce is acrimonious. In Illinois, child support usually ceases once a child is 18 years old and graduates from high school. After child support obligations cease, some divorced parents may still need to pay higher education expenses. Effective January 1, 2016, Section 513 of the Illinois Marriage and Dissolution of Marriage Act affirms that divorced parents may be required to contribute to their non-minor child’s post-high-school education and living expenses. 

Contingent to the divorce decree, the college contributions that each parent and child are obliged to make can be modified. A divorce attorney understands the complexities of non-minor support and can help modify or enforce the divorce decree.

Stipulations of the Illinois Law 

Section 513 of the Illinois Marriage and Dissolution of Marriage Act includes certain stipulations. Since the financial circumstances of each parent and student may change, the divorce decree can be amended at the court's discretion. A parent may no longer be able to pay tuition and living expenses because of unemployment, illness, or disability. Alternatively, a parent may purposely neglect these obligations.

The LGBTQ+ community has historically struggled to attain equality. Not so long ago, a spouse of a same-sex couple did not even have the right to visit an ill or dying partner in the hospital.  Unless there was a written agreement, the homemaker or domestic partner of a same-sex couple was not eligible to inherit the estate of a deceased breadwinner.  Instead, the estate would be liquidated and divided among blood relatives, even if the relatives were estranged. Effective June 1, 2014, Illinois recognized same-sex marriage. Same-sex spouses can get married and, if the marriage does not work out, they can get divorced. 

Divorce involving homosexual couples is typically the same as divorce involving heterosexual couples. However, there may be additional complications regarding child custody and other matters. 

Rights of Same-Sex Couples in Illinois 

The rights that same-sex married couples now retain include but are not limited to the following. 

In the United States, one in three women and one in seven men are victims of domestic violence. Due to fear, embarrassment, or shame, domestic violence incidents are underreported, so the actual statistics are probably higher. The abused, of course, have nothing to be ashamed of as they hold no culpability for the perpetrator's behavior. 

Domestic violence does not discriminate and affects all races, creeds, sexual orientations, and educational and socioeconomic backgrounds. A domestic violence attorney can help victims obtain orders of protection to help safeguard them from abusers.

Domestic violence devastates families and is detrimental to society. It comprises physical violence and many other forms of abuse.

 Divorce and child custody arrangements can be traumatic for a child, but uprooting a child from one city or state to another can elicit another host of traumatizing challenges. Motives such as employment advancement or a better educational opportunity might be a compelling reason for parental relocation. Still, the child's best interest should remain at the forefront of any life-changing decision. According to Illinois law, a parent with 50 percent or more parenting time is permitted to relocate the child without permission from the other parent or the court, so long as the relocation does not exceed a specific radius. 

When a move exceeds a certain radius, it is considered a relocation, necessitating permission from the other parent. If a parental relocation is in dispute, the parent can petition the court. 

Parental Relocation Law 

Effective January 1, 2022, Section 750 ILCS 603.5 of the Illinois Marriage and Dissolution of Marriage Act was amended with Section (a-5). This amendment allows the child's relocation to be temporary until a final judgment is made as long as it serves the child's best interests. The parental responsibilities of the original custody decree, including parenting time and decision-making, remain unchanged throughout the temporary basis of the relocation. This modification benefits the relocating parent by eliminating the waiting period for the court's final decision. Furthermore, Section (a-5) enables the family to temporarily assess how the relocation will affect the child and disputing parent.