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. 

 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: 

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. 

• Inheritance and family heirlooms - Although property received as a gift or inheritance is generally seen as personal property and is not subject to division in a divorce, spouses can protect themselves from accusations of commingling by specifically addressing gifts and inheritance in a prenup. 

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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.

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.

What are Parental Responsibilities? 

The recent changes enable Illinois courts to address changing social mores. Over the past many decades, parents who got divorced could expect the mother to obtain “custody” and the father to obtain “visitation.” Today, changes in gender roles see many more women in the workplace and many more fathers playing an active role in rearing their children.