Posted on February 15, 2022 in Child Custody

As American and global culture has changed in recent years, more and more people are recognizing that families come in many different forms. In many cases, same-sex, transgender, and non-binary parents play the same role as those in “traditional” opposite-sex couples, including working together to raise children. Because the U.S. Supreme Court has recognized marriage equality, LGBTQ couples have the right to be legally married, and they also have the right to terminate a marriage through divorce. However, if a couple has children, they may encounter some unique concerns as they address issues related to child custody, and in these cases, a parent may need to work with an attorney to make sure their parental rights will be protected.

Legal Parentage in LGBTQ Families

For some couples, the question of paternity may come into play during legal proceedings that address child custody. If one partner is a child’s biological parent, the other partner may be concerned about whether they are also considered the child’s legal parent. According to Illinois’ paternity laws, if a person gives birth to a child, that person’s spouse will be presumed to be the child’s legal parent. This is true regardless of the gender of the biological parent’s spouse. A person who was formerly married to the biological parent may also be presumed to be the child’s parent if the couple’s marriage ended within 300 days before the child was born.

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 Posted on February 08, 2022 in Child Support

In cases where married parents get divorced or an unmarried couple with children is no longer together, child support is often necessary to ensure that the couple’s children will have the necessary financial resources. Determining how to calculate child support can sometimes be a complex process, and if either parent has children from another relationship, the parents may be unsure about how this will factor into the calculations. By understanding how Illinois law addresses these situations, parents can make sure child support orders will provide for their children’s needs while ensuring that they will be able to support themselves.

Child Support and Multi-Family Adjustments

Since 2017, Illinois has used what is known as an “income shares” method to calculate child support obligations. Under this method, the income earned by both parents is added together, and a “basic child support obligation” is determined based on their combined income and the number of children they share. The basic obligation is then divided between the parents based on each parent’s “percentage share” of their combined income. That is, if one parent earns 65 of the combined income, they will be responsible for 65 percent of the basic child support obligation. The parent who does not have primary physical custody of the couple’s children will typically pay their portion of the child support obligation to the parent who has the majority of the parenting time.

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 Posted on January 31, 2022 in Divorce

In a perfect world, all divorcing spouses would be financially stable and able to exit their marriages with comfort and ease. In real life, unfortunately, this is not always possible. Challenges finding suitable employment, disabilities, and transportation issues can all make finding and keeping a good job difficult. Individuals who are unemployed can still get divorced in Illinois, but it helps to be aware of how unemployment may affect the divorce process.

Are You Voluntarily or Involuntarily Unemployed?

If you have been laid off, furloughed, or fired but are trying to find a job, you will probably be considered involuntarily unemployed. But if you choose to be unemployed, any financial obligations you may have that could factor into a divorce will be handled considering the income you would likely be earning if you had a job. One exception to this is if you are voluntarily unemployed because you are raising children while your spouse works.

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 Posted on January 24, 2022 in Child Custody

As research about mental health and effective treatment options continue to develop, mental illness has become much better understood and far less stigmatized. However, an important part of living well with mental illness is managing it properly. When a parent has a mental illness that is not addressed, he or she may be unable to care for their children. In serious situations, a parent with mental illness can even pose a risk to a child’s health and well-being. If you share parental responsibilities in Illinois and have seen your child’s other parent act in ways that are cause for concern, an experienced attorney may be able to help you make any necessary changes to parenting time or parental responsibilities.

A Parent’s Mental Health Can Impact a Child’s Mental and Physical Health

Children who are mentally healthy in childhood reach important milestones in their emotional development. Independence, self-soothing, confidence, and other important social skills allow children to successfully navigate life’s tough situations. Mentally healthy children also tend to be happier and function better at home and in school.

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 Posted on January 14, 2022 in Child Custody

An important part of any divorce involving children is a parenting plan. Parenting plans are part of the final divorce decree and, as such, are legally binding. They cannot be modified without court approval and parents who fail to abide by the terms of their parenting plan can find themselves facing court sanctions and loss of parental privileges. Sometimes, however, life changes, and under certain circumstances, parents can successfully petition an Illinois court to change the parenting plan to an arrangement that makes more sense for their family. If you want to petition for a modification of your parenting plan, here are a few things to know.

When Can a Parenting Plan Be Modified in Illinois?

It is important to note that parents cannot modify the allocation of parental responsibilities (custody or important decision-making authority) simply because they do not like the plan’s contents or believe the arrangement is unfair. Many parents feel upset when they first get divorced because they are dissatisfied with the arrangements of the divorce decree. However, whether an arrangement is truly unfair is neither here nor there as far as Illinois courts are concerned; to petition for a modification, parents must wait two years after the divorce is finalized. The only exception to this is if keeping the current plan would put a child at risk of physical or emotional harm.

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 Posted on January 07, 2022 in Child Custody

Divorce can feel like a lose-lose proposition. No matter what you do, it is virtually impossible for both parents to get everything they want - especially when it comes to issues like parenting time and parental responsibilities.

But difficult compromises are an important part of every divorce because children need both parents whenever possible. Creating a parenting plan that meets the best interests of your children and accommodates you and your spouse’s schedules and needs can be very challenging but it is definitely doable. Finding a workable balance is important for a sustainable co-parenting arrangement, and with the help of an experienced family law attorney, you can do it too. Here are five tips to help.

Create a Parenting Schedule That Makes Sense

While it might be tempting to jockey for as much parenting time as possible, single parenting is difficult. Burned-out parents are not at their best, and children who spend most of their time with only one parent may see their relationship with their other parent suffer. Instead, consider your schedule and propose a realistic solution that meets your needs and your children’s best interests.

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 Posted on December 28, 2021 in Family Law

Some mothers in Illinois are reluctant to name their child’s father on a birth certificate and for good reason. Their child’s father may be abusive, angry, or an alcoholic and the mother may fear that by establishing paternity, she is exposing her child to a lifetime of a relationship with a poor caregiver. A mother may also be reluctant to try to establish paternity because she is not sure who the child’s father is. Others still may want to legally name their child’s father but feel unable because the father has passed away.

Yet legally establishing paternity is important for many reasons. Single parenthood is a daunting task that poses a difficult financial and emotional burden. If you are on the fence as to whether or not you want to establish paternity, here are five great benefits that you, your child, and their father could enjoy if you do.

Benefits of Establishing Paternity

• Simplified child support and parenting agreements - Before a father can get parenting time or can be ordered to pay child support, a legal relationship with a child must be established. Even if parents already have a verbal agreement about child support or a co-parenting schedule, not establishing paternity can make these impossible to enforce.

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 Posted on December 22, 2021 in Domestic Violence

Guns are powerful tools that can be used for many different purposes. Unfortunately, sometimes individuals living in Illinois use firearms to threaten, hurt, or intimidate family members and intimate partners in terrifying acts of domestic violence. People using firearms unsafely may even be a threat to themselves. When misuse of firearms becomes serious enough that gun violence may be an imminent threat, a Firearms Restraining Order (FRO) is a type of order of protection that is available in Illinois.

What Is a Firearms Restraining Order?

Illinois enacted a law beginning January 1st, 2019, called the Firearms Restraining Order Act. This act allows someone’s family, parents, roommates, or anyone else who lives in the same house to petition for a court order prohibiting that person from owning or buying guns for up to six months. Law enforcement can also petition for a FRO.

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 Posted on December 14, 2021 in Domestic Violence

In our last blog post, we discussed Orders of Protection in Illinois and how they can be obtained. Orders of Protection are meant to keep victims and abusers separate when they share or have shared a domestic relationship. But not all victims are in domestic relationships, and in these cases, other help may be necessary.

Fortunately, there are other types of protection that victims can obtain from an Illinois court. “Civil no-contact orders” protect victims of “nonconsensual sexual conduct” who want their abuser to be prohibited from contacting them. If you feel you are in danger of harm, whether psychological or physical, a civil no-contact order may be helpful to you.

Who Can Get a Civil No-Contact Order?

The purpose of a civil no-contact order is to protect victims of sexual assault. According to Illinois law, this includes any nonconsensual sexual conduct or sexual penetration. Civil no-contact orders can protect more than just the victim - her children, parents, current partner, and other household members can also be included in the petition so the abuser cannot contact them or harass the victim through other people. Parents can also obtain civil no-contact orders on behalf of a minor child.

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 Posted on December 08, 2021 in Domestic Violence

Victims of domestic violence in Illinois face a difficult set of choices. Because many victims fear that they may face retaliation if they seek legal help, it can feel as though they are in the impossible dilemma of trying to fix a problem only to risk it getting worse. But if you feel stuck in an abusive situation where you are enduring emotional, physical, or sexual abuse, you likely already know that you do not want to live with it forever. Fortunately, there is help available: you can file for an order of protection in Will County today.

First, Make Sure You Are Safe

Statistics show that victims of domestic violence are most likely to be attacked if they try to leave their abuser or get help. It is important to make sure that you have a plan or a place to go if you are afraid for your safety. You may not be able to control your abuser’s behavior, but you can resolve to put yourself and your children in a safe place. Once you are ready, you can file for an order of protection at any time - even at night or over the weekend when the court is closed.

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