Posted on March 23, 2022 in Divorce

Families in Illinois are diverse and many different arrangements allow parents to raise their children with love and strength. Although many women have no choice but to be single parents, research consistently suggests that children are more likely to succeed by every measurable outcome when they have a father who is emotionally present and financially involved in ensuring his child has what he or she needs.

Unfortunately, fathers are not always eager to take financial or emotional responsibility for their children and may be unwilling to voluntarily acknowledge paternity. When this happens, or when there is a question as to whether a man is indeed the biological father of a child, Illinois courts can take measures like DNA paternity testing to ensure that a man is held responsible for the fathering of a child and for contributing to that child's financial needs.

How Do DNA Tests Work?

The most common DNA paternity tests take a simple cheek swab from the mother, the child, and the alleged father, and send these samples to a laboratory for comparison. The lab will compare a particular part of the child's DNA to the father and mother's DNA and can estimate parentage with almost 100 percent accuracy. If either parent has questions or doubts about the reliability of a DNA test, they can submit their samples to an independent laboratory at their own expense. DNA tests can also be taken when a mother is pregnant using blood samples taken at a hospital.

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 Posted on March 16, 2022 in Collaborative Law

As divorce in Illinois continues to be very common, many parents have chosen to ditch the shame and guilt of deciding to separate and instead have chosen to tackle problems head-on, focusing on divorce in a way that is best for their family. While divorce is still not easy, alternative dispute resolution methods allow parents to consciously uncouple while prioritizing the needs of their children. One of the most thorough and effective ways of doing this is through the use of a collaborative divorce.

Why Would a Parent Choose Collaborative Divorce?

Traditional divorce methods involve high-stakes court litigation and expensive, conflict-ridden negotiations over money, custody, and other important issues. Rather than get bogged down in endless fighting, parents can work together, with the help of their attorneys and third-party professionals, to achieve a results-driven compromise that puts the needs of the children first.

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 Posted on March 15, 2022 in Divorce

When Illinois courts make decisions about child custody arrangements, the first priority is to ensure the arrangement is in the best interests of the child. Depending on the parents' circumstances, this can mean very different things for different families. And, as a child grows older, her preferences are likely to play a larger role in determining which parent she spends time with.

Although a court's preference is generally to see a child maximizing the time spent with each parent, older children may prefer to spend most or all of their time with one parent. However, just because a child wants something does not make it good or prudent. So, how old does a child have to be before they can choose which parent they live with? And what can a parent do if he or she objects to the child's choice?

How Are a Child's Best Interests Determined?

If both parents agree to a parenting schedule and the child consents, a court is likely to approve of the arrangement unless they fear it would not be in the child's best interests. But when parents disagree with each other's proposed parenting time schedule, courts may appoint a guardian ad litem at the expense of one or both parents. A guardian ad litem is responsible for working with a child to assess her wishes and to get an overall sense of the situation. A guardian ad litem may speak for the child in court and may make recommendations to a judge regarding parenting arrangements.

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 Posted on March 09, 2022 in Divorce

When a couple in Illinois decides to get divorced, the most common method of approaching the divorce process is for each spouse to hire an attorney. Divorce can often be long, difficult, and full of emotional conflict. However, for spouses who wish to avoid conflict and work together - even for those who find it very difficult to do so - there is an option that allows spouses to do exactly this. Mediation is a conflict resolution process that allows a couple to negotiate together with the aim of reaching a fair solution to the issues involved in a divorce. Even though each spouse will still have his or her own attorney, spouses can work collaboratively with a mediator to solve problems. If you are getting divorced in Illinois and are wondering if mediation may be right for you, read on.

What Does the Process of Mediation Involve?

Each meeting between spouses and the mediator will have specific goals and desired outcomes. The mediator, who is a trained professional and is often an attorney, will state the rules and goals of the meeting so everybody is on the same page. Then, everybody will tackle the issue at hand - spousal support, child support, property division, etc. - in a way that allows each spouse to voice their concerns and priorities while working towards a mutually agreeable solution.

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 Posted on March 08, 2022 in Divorce

Many people in Illinois change their names when they get married, including, more recently, those who choose to hyphenate their last name with their partner's. But after divorce, most spouses who changed their name during the marriage wish to change it back. While Illinois divorce law allows a spouse to change their last name in the divorce decree, changing a child's name presents a more challenging problem.

Is Changing the Child's Last Name in Their Best Interests?

Parents who wish to change their child's last name after a divorce must petition an Illinois family court and argue that the name change would be in the child's best interests. The judge overseeing the case must agree. But just because the parents do not get along and one parent has the majority of parenting time does not mean he or she will get an automatic approval to change the child's last name. Judges can consider several factors when deciding whether to approve a name change request for a child, including:

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 Posted on March 03, 2022 in Divorce

During a heated divorce, Illinois parents will often go to great lengths to punish each other for personal grievances, even if doing so comes at the expense of a child's best interests. Other times, parents strongly feel that keeping their child away from the other parent and his extended family really is in the child's best interests. In either case, the child and the extended family are often separated from each other and powerless to take action.

Grandparents may want to request visitation rights with a grandchild, but sometimes these requests are rejected. Grandparents can understandably feel deeply saddened when this happens. If you are a grandparent in Illinois and wish to see your child, you will need to prove that the child is being harmed by not seeing you. The burden of proof will be entirely on you. While this can be a complex and difficult process, with the help of an experienced DuPage County grandparent-child visitation attorney, your petition may have the potential to succeed.

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 Posted on February 24, 2022 in Divorce

While virtually no divorce can happen without conflict, certain couples experience much higher conflict than others. While the causes for this are often rooted in real and understandable disagreements stemming from a couple's time together, other conflict is often caused by behaviors that occur during the divorce. Couples who wish to minimize unnecessary conflict can plan ahead or alter their behavior to avoid predictable problems.

Be Honest About Finances

Many spouses try to get ahead in the asset division process by hiding assets, lying about income, or otherwise dissembling their finances. While this can have serious legal implications, like punishments for perjury or contempt of court, it also introduces a totally avoidable level of suspicion and hostility in a divorce. Once one spouse starts being dishonest about finances, it makes it much harder for future negotiations to continue in good faith.

Negotiate in Good Faith

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 Posted on February 22, 2022 in Divorce

Mediation is often ordered by Illinois family court judges because of its remarkable effectiveness in helping divorcing couples solve issues like parenting time, asset division, and spousal support. Yet while mediation or other alternative dispute resolution strategies keep most divorces from being litigated in court, there are certain situations in which mediation may not be sufficient or even safe. Here are three situations that may make divorcing spouses think twice about hiring a mediator.

Abuse or Domestic Violence

When relationship abuse occurs in the form of mental, physical, or emotional violence, it can be impossible to negotiate in good faith. One spouse may never be able to trust the other spouse and the abusive spouse may even use mediation as a tool of manipulation. While abuse can vary in its effect and intensity, warning your attorney and the judge who oversees your case that you fear abuse in mediation can help protect you from a judge ordering mediation when it could be unsafe.

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 Posted on February 17, 2022 in Family Law

Thanks to an increase in awareness and treatment options, mental illness is being diagnosed and treated at a higher rate than it has been in the past. Many mental illnesses are now better understood and much of the stigma surrounding them has dissipated as public understanding has increased.

Yet certain mental illnesses are still more disruptive than others, and this is particularly true when the person who suffers from a mental illness is also a parent of young children. In Illinois divorces or custody disputes, both parents' mental health may be scrutinized carefully and their personal problems dissected in what can feel like a very public manner. If you are struggling with mental illness and wondering whether a psychological evaluation could be used against you, read on.

What Kind of Psychological Examination Can Be Ordered?

When the best interests of a child are in question, a judge may order a thorough mental health evaluation. A trained, qualified, and unbiased medical professional will conduct interviews, assign questionnaires, and request meetings to talk about your thoughts and feelings. They may request your mental health history, including past records of treatment or hospitalization, and may want to observe your behavior over an extended period of time.

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 Posted on February 15, 2022 in Family Law

An interesting and complex area of child development has recently gained significant attention in news media and family law: Gender identity in minor children. Every day, it seems that there is new research and information on appropriate parental responses to this challenging situation, and parents often have conflicted or confused feelings about which approach they want to take.

This can be especially problematic when Illinois parents are divorced and share parental responsibilities. One of the most important areas of parental responsibilities is that of a child's health care. Because transgender or gender nonconforming children often seek gender-reaffirming treatments like hormone therapy or surgery, parents are confronted with a tough choice about which they may strongly disagree. If you have a child who is struggling with their gender identity, you may want to learn more about how this could impact your parenting strategy.

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