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. 

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: