Posted on January 21, 2020 in Child Custody

When parents are in the middle of a battle over the allocation of parental responsibilities, the state of affairs can be intense. In some cases, the parenting dispute can result in one parent taking the child without the consent and knowledge of the other parent or the court. Despite their status as a legal parent, this still qualifies as “kidnapping” or “child abduction” and can turn a civil case into a criminal case with harsh consequences for the offending parent.

Child Abduction

Kidnapping is a felony in Illinois, and a conviction can result in fines, probation and jail time. An individual will be charged with child abduction when he/she does one of the following: 

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 Posted on January 12, 2020 in Family Law

Adopting a child is not something to take lightly. Whether you are a grandparent, brother, sister, step-brother, step-sister, aunt, uncle, or unrelated to the child you wish to adopt, once the adoption process is complete, you are responsible for making sound-of-mind decisions based on the best interest of the child.

However, if you have a criminal record, adopting a child may be more difficult, or in some circumstances, off the table.

What To Expect

According to the Illinois Adoption Act, the following is done during the adoption process:

• A fingerprint-based FBI and state criminal background check. This background check is mandatory for the prospective adoptive parent(s), as well as anyone living in the household. The results of the criminal background check are then given to the court for its review. The court may weigh the significance of the results before continuing or suspending the adoption process.

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 Posted on December 31, 2019 in Family Law

Prenuptial agreements are not mandatory within an Illinois marriage, but any engaged couple that has personal or business assets may want to protect what is theirs before getting married.

A prenuptial agreement is a written agreement that both you and your future spouse construct before getting married. This agreement lays out how property and assets will be divided if divorce or death were to occur. Items that can be included within a prenuptial agreement include:

• Division of property and/or assets
• The right to manage and control property belonging to the other spouse

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 Posted on December 27, 2019 in Divorce

Grey divorce, also known as Silver Splitter or Diamond Divorcees, refers to the older “grey-haired” couples who decide to file for divorce after being in long-term marriages. According to the Pew Research Center, a study conducted by the National Center for Health Statistics and U.S. Census Bureau found that for every 1,000 married couples aged 50 and over, 10 of them ended in divorce. Grey divorce entails many issues a traditional divorce carries, such as the division of marital property and assets and spousal maintenance, but is unlikely to include the allocation of parental responsibilities or child support.

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 Posted on December 20, 2019 in Divorce

Going through a divorce is tough, but going through a divorce during the holidays can add to the hurt.

If this is your first holiday season since separating from your spouse, it is natural to feel lonely and sad. It is important to not let these emotions control you and prevent you from enjoying the holidays. Here are a few tips and tricks to help you maintain your mental health and manage your stress throughout the holidays:

1. Take It One Day at a Time: It is only natural to want to rush through a time in your life that you would rather not be present for. Remain focused on the here and now, and take each holiday as it comes.
2. Do Not Skip Out on Spending Time with Family and Friends: As much as you want to spend time alone, your family and friends are your support system and people you should lean on during this hard time. If an invite is offered, take it.

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 Posted on December 13, 2019 in Divorce

Divorce is a common challenge that people face in their lives. According to the Illinois Department of Public Health, 75,131 couples got married, while 26,132 got divorced in 2016. Tensions run high, and it is easy to find yourself doing or saying things that can cause additional issues. Listed below are the top ten things you should steer clear of doing during your divorce: 

1. Do Not Post on Social Media: Nothing is private on the internet. Avoid Facebook, Twitter, Instagram, and any other social media outlet during your divorce, as anything and everything can be used as evidence against you.
   

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 Posted on November 30, 2019 in Divorce

Contrary to what you see in movies and television shows, settling your divorce case in court is almost always a last resort. Illinois courts highly encourage couples to try to make decisions pertaining to their divorce on their own without outside intervention. Not only does that save you time and money, but it also allows you to keep the control in your hands and enables you to decide your own future. Some couples have tried to avoid going to court and are unable to come to their own resolutions, but most couples see the benefit of settling their divorce outside of court or filing for an uncontested divorce.

What is an Uncontested Divorce?

Almost all divorces contain the same issues that must be settled before the divorce can be completed. These issues include:

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 Posted on November 27, 2019 in Child Support

Child support is relevant in any case involving a child whose parents are not married or in a relationship. Many times, the parent who takes care of the child a majority of the time will receive child support and use it to help cover some of the costs associated with raising a child, like clothes, food, healthcare, and schooling or extracurricular expenses. Both the courts and the Illinois Department of Children and Family Services (DCFS) can issue orders requiring a parent to make support payments, but that does not always mean that the parent will obey. Unpaid child support can be frustrating for the parent who relies on it and can spell out serious trouble for the parent who will not pay. Fortunately, there are things you can do if your ex is not paying the child support that he or she is required to pay.

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 Posted on November 22, 2019 in Family Law

It is not uncommon for people to get remarried after they have ended their first marriage. Remarriage is a second chance at happiness for many people. When you get remarried, you often bring many things with you from your previous life, including your children. Creating a blended family can be extremely rewarding, but it comes with its challenges. Remarriage itself can be difficult, but you can overcome its challenges by preemptively planning your future with a skilled family law lawyer. Here are a few tips on how to create a successful and happy blended family:

1. Help Your Children Adjust to the Changes: There are a lot of changes that come when you create a blended family. For children, these changes can be difficult, but there are things that you can do to help them adjust to their new family. When it comes to helping your own children, you should remind them that they are still loved and valued. You should also make sure they have access to their other parent. Allow your stepchildren to set the pace of the relationship; it can often take years for everyone to feel comfortable in a blended family.

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 Posted on November 14, 2019 in Divorce

College is not cheap. Since the 1980s, college tuition costs have risen more than 200 percent for public universities across the country, making covering the expense of higher education more difficult than ever. Because of this, young adults are living with their parents longer than any generation prior to them. For parents getting a divorce, paying for their children’s college education can be a point of contention during the divorce negotiations. Fortunately, Illinois law has included provisions in the Marriage and Dissolution of Marriage Act (IMDMA) on how post-secondary education expenses are distributed between parents.

Covering the Costs

The IMDMA allows courts to allocate costs to either or both parents based on a variety of factors. The judge can order that property allocated to either spouse during the asset division process be used to pay for post-secondary education, either now or when the time comes. Child support payments can also be extended beyond when the child turns 18 for the purpose of paying for college. A variety of things can be included in college costs, as long as the costs are accrued before the child’s 23rd birthday, or in some cases, the child’s 25th birthday. These costs can include:

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