Posted on July 09,2021 in Fathers' Rights

In our last post, we discussed some common issues unmarried fathers confront when they are trying to obtain custody of their child in Illinois. Whether they were previously married to their child’s other parent or not, all fathers seeking custody will have to show that they can act in the best interests of their child.

Research on the benefits of fathers being involved in the lives of their children is overwhelming, and Illinois courts are more willing than ever to allow both parents to have a presence in the life of a child, as long as it will be in the child’s best interests. Here, we look at some things you can do to increase your chances of winning custodial responsibilities for your child.

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 Posted on July 02,2021 in Fathers' Rights

In Illinois and America in general, the legal system has a tarnished history of awarding child custodial rights to mothers more than to fathers. In the past, a legal principle known as the “tender years doctrine” assumed that, especially during a child’s youngest years, the mother should automatically have custody. As a result, it has often proved difficult for fathers to get full custody of their children, even when the mother’s caregiving capabilities are compromised.

Fortunately, courts and society at large have gotten much better at recognizing how important of a role fathers play in the nurturing and well-being of their children. The “tender years” doctrine has been replaced by the “best interests of the child” doctrine when deciding which parent should have custody. Social research supports the idea that a child’s interests are best served when both parents are involved in his or her life.

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 Posted on June 29,2021 in Family Law

Nobody enters into a marriage thinking they will get divorced, yet most people know that about half of marriages end in divorce anyway. Although you may wish that your relationship will last forever, it is wise to prepare in case of a relationship breakdown. A prenuptial agreement in Illinois is a legally enforceable document that can protect the assets you owned prior to getting married.

Although the idea of having a conversation about a prenup may make some people uncomfortable, this is exactly the kind of discussion you can and should be able to have with your future spouse. Planning for the future will enhance the strength of your future marriage, not detract from it. Here are a few things to consider including in your prenup.

Protect Against Debt

A prenup can protect your individual and marital assets against any debt your spouse accrues by themself over the course of your marriage. This may be a good idea if your future spouse enjoys gambling, or plans on starting a business that will require large loans. A prenup can also protect you from debt that your spouse incurred prior to getting married. In the event of a divorce, the debt remains entirely the responsibility of the spouse to whom it belongs.

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 Posted on June 25,2021 in Child Custody

During and after an Illinois divorce, parents will often feel some hostility towards each other. Even when using lower-conflict divorce methods like mediation, spouses may disagree strongly about what they want and what is best for their child. But despite their differences, most parents will agree that working together to share parental responsibilities is in a child’s best interests.

One crucial factor in providing a child with the best experience possible during and after a divorce is making sure that parents are not negative in their treatment toward and about each other. This is not always easy, but it can be done. Here are some tips for establishing healthy communication with your co-parent.

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 Posted on June 22,2021 in Child Custody

Physical discipline, including spanking, used to be a much more common punishment for children in the United States. Now, many parents view it as a thing of the past, but there are still those who believe it is sometimes an appropriate form of discipline. This can be a major source of conflict between divorced and unmarried parents who are in a custody dispute and are dissatisfied with each other’s parenting strategies. During these cases, questions may arise about whether physical discipline is ever appropriate, and how a history of physical punishment can affect the allocation of parental responsibilities.

Is Spanking Against the Law?

There is a law in Illinois that deals with spanking and other forms of corporal punishment, but the language is quite vague. Parents are not legally prohibited from spanking their children, but inflicting “excessive corporal punishment” is considered child abuse, and it can be grounds for action by the Illinois Department of Children and Family Services.

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 Posted on June 17,2021 in Child Custody

In our last post, we discussed guardians ad litem in Illinois and examined their role in a child custody dispute. In this post, we will look at another important role in custody battles: that of a custody evaluator.

Similar to cases in which guardians ad litem are appointed by the court, custody evaluators are often appointed when a custody battle is complex or hostile and the judge needs objective information about the parents and their home lives in order to make a custody decision.

What Is a Custody Evaluator?

A custody evaluator is usually a trained psychologist or a psychiatrist. They are responsible for investigating the mental health, home situation, and parenting capabilities of each parent, as well as getting to know each child in order to determine what is in their best interests. Parents may be required by the judge to pay for the custody evaluator themselves.

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 Posted on June 10,2021 in Child Custody

During a contentious divorce or custody battle, parents may not be able to agree on what is best for their child. A judge, who is a third-party observer, will hear arguments from both parents’ lawyers but may still need to know more. One way courts in Illinois deal with situations like this is by appointing a guardian ad litem to represent the interests of the child. This is especially true when there are allegations of abuse. But what exactly is a guardian ad litem, and what can you expect them to do in your case?

What is a Guardian ad Litem?

A guardian ad litem (GAL) in Illinois is a person who has undergone specific and ongoing training that qualifies them to act as an independent representative of a child in a divorce or custody case. They are also often a licensed attorney, but when acting as a GAL, they do not represent either of the parents, but rather function as a kind of special investigator whose role is to collect information and analyze the entire family situation of the child.

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 Posted on June 04,2021 in Child Custody

In 2019, Illinois Governor J.B. Pritzker signed the Illinois Cannabis Regulation and Tax Act and changed the way marijuana is treated under Illinois state law. Although marijuana use and possession remain illegal under federal law, this follows a national trend of legalizing marijuana use on the state level.

Included in this new law are provisions which state that marijuana use in and of itself cannot be used as a factor in making decisions in child custody disputes. Judges, custody evaluators, and guardians ad litem are not allowed to discriminate against a custodial parent based on recreational or medicinal marijuana use.

However, this law has certain limitations. Like alcohol, marijuana usage can cross into unhealthy behaviors, particularly when children are in the picture. Keeping a few basic principles in mind will help you keep your children safe and ensure marijuana never becomes an issue in a child custody dispute.

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 Posted on May 28,2021 in spousal maintenance

Getting a divorce does not always mean you will receive spousal support from your spouse afterward. If the couple does not have a valid prenuptial agreement dictating maintenance and cannot agree to a spousal maintenance arrangement, out of court, spousal maintenance decisions will be left up to a judge. The court uses a variety of factors to determine whether or not a maintenance award is appropriate. These factors include things such as each spouse’s age, health, occupation, income, earning potential, and any impairment to their employability or earning potential. Fighting for a maintenance payment can be a battle in itself. However, many divorcing spouses who depend on that support are also concerned with how long the payments will last.

Length of Spousal Maintenance

In many cases, spousal maintenance does not last forever. In fact, courts have moved away from spousal maintenance payments being the norm. In many cases these days, both spouses are employed and have income when they divorce, decreasing or eliminating the need for spousal support. However, if spousal support is deemed necessary and is awarded to the spouse, then the court will follow guidelines set out in the Illinois Marriage and Dissolution of Marriage Act (IMDMA). Illinois law states that the length of spousal maintenance payments is calculated by multiplying the length of the marriage in years by a specific factor. However, if the marriage lasted for 20 or more years, the court can decide to award maintenance indefinitely. For example, if a couple was married for 14 and a half years, the court would multiply 14.5 by .60 to come up with 8.7. This means that the couple in this example would be paying and receiving support for a little more than 8 and a half years. Maintenance automatically terminates when the recipient remarries. 

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 Posted on May 27,2021 in Illinois prenup

Even though you said your vows on your wedding day, “‘till death do us part” does not always come true. Sometimes, things do not work out the way that we planned and the person who you thought you were going to spend the rest of your life with turned out just to be temporary. In the event that you get a divorce, various decisions about finances and any children you may have will have to be made. If you and your spouse have a prenuptial agreement filed with the court, these decisions will be much easier to make. However, there is always a chance that your spouse will attempt to contest the agreement and they may actually have a case if there is something that makes the agreement invalid.

Elements that Invalidate a Prenuptial Agreement

A prenuptial agreement can be a useful tool during a divorce, but it is only as strong as it is valid. If your prenuptial agreement is considered to be invalid by the courts, you will not be able to enforce the terms of the agreement. There are various reasons why the court may consider your agreement, or portions of the agreement, invalid. The most common reasons include:

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