Posted on July 21, 2020 in Child Custody

Approximately one out of every five adults in the United States suffers from a mental illness. Anxiety disorders, depression, schizophrenia, bipolar disorder, obsessive-compulsive disorder (OCD), post-traumatic stress disorder (PTSD), and borderline personality disorder are some of the most common mental health problems in the United States. Although many people suffering from mental health issues are fully capable of being safe, loving parents, mental illness can influence child custody cases. In some situations, parents involved in a dispute about parental responsibilities or parenting time are required to undergo a mental health evaluation or psychological examination.

When Are Psychological Evaluations Required?

Illinois courts make all child custody decisions based on the child’s best interests. If the court has reason to believe that a parent’s mental health condition may pose a risk to the child, the court has the discretion to order psychological testing. If a parent believes that the other parent has psychological problems that may endanger the child, the parent can request a mental health evaluation as well. The court may approve or deny this request. Typically, if a parent requests that the other parent undergo a psychological exam, the parent who made the request is responsible for paying the fees associated with the exam.

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 Posted on July 14, 2020 in Child Custody

Divorcing parents in Illinois are asked to create a “parenting plan” that describes each parent’s child-related rights and responsibilities moving forward. Reaching an agreement about the elements of the parenting plan can be very challenging. Many divorcing parents disagree about how parenting time or parental responsibilities should be distributed. They may worry that they will not get to spend as much time with their child as they want to. One element of the parenting plan that many parents overlook is the “the right of first refusal.” Understanding this important right is crucial to maximizing the benefits of your parenting plan.  

Required Elements

If you are a parent who is planning to divorce, you and your spouse will be encouraged to present a parenting plan to the court. This plan must include a number of provisions, including but not limited to:

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 Posted on July 10, 2020 in Child Support

If you are a single parent, you know just how difficult it can be to pay for child-related expenses on your own. Making ends meet without financial support from your child’s other parent can be exhausting. According to Illinois law, both parents are expected to financially contribute to their child’s upbringing even if the parents are unmarried or divorced. A parent is also expected to provide financial support even if he or she does not have parenting time, or visitation rights, with the child. If your child’s other parent is not paying child support, there are several actions you can take to get the financial assistance you and your child need.

Establishing Child Support

The state of Illinois only has the authority to enforce child support payments that have been legally established. If you and your child’s other parent had an informal agreement regarding child support, this is likely unenforceable. To start receiving payments, you will need to obtain an official court order for child support. However, to get an order for child support, your child’s other parent must be legally recognized as his or her parent. If your child’s father is not paying child support and paternity has not been established, you will need to legally name your child’s father before you can obtain a child support order. Depending on your particular circumstances, this may be as simple as having the father sign a Voluntary Acknowledgement of Paternity (VAP). If the father contests his paternity, it may necessitate a DNA paternity test or require other steps.

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 Posted on July 07, 2020 in Child Custody

According to Illinois law, both a child’s parents have a right to parenting time unless there is some reason that a child’s safety would be at risk around the parent. A parent may lose his or her right to parenting time if he or she has physically, emotionally, or sexually abused the child. Sadly, some parents attempt to use false accusations of child abuse as leverage in a child custody dispute. Not only do unfounded allegations of abuse rob a parent of his or her right to spend time with his or her child, but they also have devastating effects on the child. If you are in the midst of a divorce or child custody dispute and your child’s other parent is falsely accusing you of neglect or abuse, speak to a skilled family law attorney as soon as possible.

Gather Evidence

It is hard to believe that a parent would ever resort to fabricating stories of child abuse to manipulate a child custody case, but unfortunately, this scenario is not unheard of. Parents who do not want to share parental responsibilities and parenting time may accuse the other parent of hurting the child or even coach the child to repeat the allegations of abuse. If you have been accused of child abuse, you need to start gathering evidence that will help prove your innocence. This may include text messages, voicemails, letters, and other correspondence between you and the other parent as well as examples of communication between you and the children. Compile a list of family members, friends, neighbors, teachers, daycare workers, and other people who can vouch that you are a loving, non-abusive parent. It is also important to keep track of the times and dates that the children have been under your care. The more information you have, the more likely it is that you can use this information to prove inconsistencies and lies in the other parent’s story.

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 Posted on July 02, 2020 in Mediation

Family law mediation is a process during which a divorcing couple attempts to resolve issues such as the division of assets, allocation of parental responsibilities, and spousal maintenance. The couple works with a specially trained family law mediator who helps them negotiate the issues, find common ground, and reach practical solutions. Mediation can be a very useful tool in reaching a divorce settlement; however, it is not right for everyone. There are some situations in which mediation may not be an appropriate choice. In cases such as these, it is recommended that the spouses work with their respective attorneys to reach a resolution about the terms of their divorce.  

Uncooperative Spouses  

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 Posted on June 30, 2020 in Family Law

When a mother gives birth to a child, she automatically receives legal privileges and responsibilities referred to as “parental rights.” If the mother is married, her husband is presumed to be the baby’s father and therefore he gains parental rights as well. Unmarried fathers can establish paternity and obtain parental rights by signing a Voluntary Acknowledgement of Paternity (VAP). However, there are some circumstances in which a parent may wish to give up his or her parental rights. Often, a parent seeks to terminate his or her parental rights so the child can be adopted.  

Voluntarily Giving Up Your Parenting Rights

Parental rights include the right to parenting time, the right to object to the child being placed for adoption, and much more. However, being a child’s legal parent may also incur certain responsibilities such as a child support obligation. Children can only have two legal parents. If a stepparent wishes to adopt his or her stepchild, the other parent may need to terminate his or her parental rights. The court also has the authority to terminate a parent’s rights against his or her will in situations involving abandonment, abuse, or other issues that endanger the child. 

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 Posted on June 29, 2020 in Divorce

When a person files a petition for divorce, called a Petition for Dissolution of Marriage in Illinois, he or she must serve his or her spouse with the divorce petition. This sometimes involves one spouse simply handing the paperwork to the other spouse or it may be accomplished through a process server or other qualified third party. However, there are some circumstances where serving a spouse a divorce petition may be nearly impossible. When a spouse cannot be located, you will need to take special steps in order to be granted a divorce.

Attempting to Find a Missing Spouse

If you want to file for divorce but you do not know where your spouse is, you may be able to serve notice of the divorce through the newspaper. If the spouse still does not respond, you may be able to obtain a divorce without his or her participation. However, before either of those things happen, you will need to make a genuine effort to locate your spouse. You will also need to list all of the attempts you have made to find your spouse in an affidavit and file it with the court. It is recommended that you take at least the following steps to locate your spouse:

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 Posted on June 26, 2020 in Divorce

If you are considering divorce, you may understandably be feeling a bit overwhelmed and confused. The idea of dealing with the court system can be daunting – especially if you have never stepped foot inside of a courtroom before. Your confusion and anxiety may be exacerbated by well-intentioned friends and family who give you divorce advice that is simply untrue or does not apply to Illinois divorce cases. Fortunately, you do not have to face divorce alone. An experienced divorce lawyer will be able to give you the legal guidance you need to manage this difficult time in your life and move on to a brighter future.

Myth: I Will Need to Prove That My Spouse Did Something Wrong to Be Granted a Divorce

When a married individual files a petition for divorce, called a Petition for Dissolution of Marriage in Illinois, they are essentially asking the judge to grant him or her a divorce. In the past, Illinois had both fault and no-fault grounds, or reasons, for divorce. Fault-based grounds were issues such as infidelity or mental cruelty. However, Illinois has since eliminated all fault-based grounds for divorce. Now, the only available ground for divorce is “irreconcilable differences.”

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 Posted on June 20, 2020 in Domestic Violence

Domestic abuse or intimate partner violence affects millions of people across the country, including in the state of Illinois. According to the Illinois Coalition Against Domestic Violence, one in three women and one in seven men are victims of domestic violence. Physical abuse, psychological abuse, financial abuse, or stalking can make a person feel as if his or her own home is a prison. If you have been the victim of domestic violence, one option you may want to consider is an emergency order of protection (EOP). Sometimes called restraining orders, EOPs are legally enforceable court orders that require an alleged abuser to cease abusive and harassing behaviors. A knowledgeable family law attorney can help you through the legal process of obtaining this important document. 

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 Posted on June 15, 2020 in Property Division

Asset division during divorce involves much more than simply splitting a couple’s bank accounts. Complex assets, such as stocks and retirement funds, must also be accounted for. If you are considering getting a divorce in Illinois, you may have concerns about how your combined property will be divided between you and your spouse. You may also be unsure of which assets your spouse is entitled to and which assets are yours alone. Retirement account assets may be the result of years, if not decades, of hard work so they are often a significant portion of the marital estate. Understanding how these assets are divided during divorce is essential to ensure a fair settlement of the marital estate.

Classifying Retirement Assets as Marital or Separate

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