Mediation can be one of the most valuable tools a divorcing couple has. When utilized wisely and efficiently, it can speed up the divorce process and make difficult areas less contentious. Spouses can benefit from mediation, but children perhaps benefit the most from the potential to reduce conflict between their parents during an otherwise difficult period. 

However, mediation is not appropriate for all divorce cases. Certain situations may make mediation unwise, unsafe, or impossible. If you are getting divorced in Illinois and are wondering whether mediation with a trained and experienced divorce mediator might be right for you, read on. 

Domestic Violence

Both parties must be committed to peaceably resolving their differences for mediation to be successful. When one spouse is abusing the other spouse, it damages whatever little trust might be left to negotiate with. It may also put the victimized spouse in the uncomfortable or dangerous position of being manipulated or further psychologically abused. Victims of domestic violence may feel unsafe or unable to speak their mind, express their concerns, or trust that their spouse is negotiating in good faith. 

Couples and individuals considering adoption in Illinois are considering one of the most generous and loving acts a family or person could do. The adoption process is often long and complex and requires serious commitment and the help of experienced attorneys and other professionals to complete. For this reason, it is important to learn as much as possible about the different kinds of adoption in Illinois and which one may be right for you. 

Related Adoptions

A related adoption is an adoption between a child and another family member, including grandparents, siblings, aunts, uncles, or stepparents. Related adoptions often happen after a child’s parents have passed away or lost their parental rights. Related adoptions are often the most straightforward of all adoptions because a relationship already exists between the child and the prospective parent. 

Standby Adoptions

Standby adoptions are somewhat similar to related adoptions because a child’s parent must designate a person to be a child’s new guardian if a certain event, like a parent’s death or permanent incapacitation, takes place. Standby adoptions are generally used when a parent is terminally ill and the adoption is finalized when the parent has passed away. 

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. 

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. 

What is in the Best Interest of the Child? 

There is a hard and fast age at which a child can make an autonomous decision about which parent to live with: 18 (or 19 if the child is still in high school). Before that, Illinois generally allows children’s preferences to be taken into more serious consideration around age 14, but it depends on the maturity of the child and the circumstances of each parent. Children will often decide they want to live with one parent based on a perceived lack of structure or discipline, or because they do not want to live with step-siblings after a remarriage. 

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 

A Child Protection Specialist is a DCFS investigator responsible for doing the footwork of determining whether allegations of child abuse or neglect are true. They can determine whether a crime has been committed and whether a child is, or will soon be, in immediate danger. They can perform scheduled or unscheduled home visits, and can even remove the child from the home if they believe it is necessary. DCFS investigators can also create safety plans with parents to make arrangements for the child to stay with someone else if the child’s home situation deteriorates. 

State’s Attorney

If a parent wants to challenge the findings of a DCFS investigation, an attorney working with the Illinois Attorney General’s office will represent DCFS. They may interview witnesses, introduce evidence, and argue the state’s case to an administrative law judge who can uphold or overturn DCFS’s findings. Parents and their attorneys may cross-examine the state’s evidence, present their own evidence, and make an argument to the judge that the state is wrong about its conclusions.