Posted on January 16,2019 in Divorce

Grandparents play a pivotal role in family structure. Parents provide for their children, discipline them, keep them safe, and teach them to be functioning members of society. Grandparents, on the other hand, provide unconditional love, wisdom, and a link to family history. Research suggests having a strong grandparent-grandchild connection has long-term benefits. Unfortunately, in some cases, grandparents find themselves unwelcome near their grandchild.

If a parent or parents refuse to allow visitation, do Illinois courts grant grandparents visitation rights?

Child Visitation at Parent’s Discretion

The laws surrounding parenting time and visitation focus on what is in the best interests of the child. In Illinois, the court assumes the parent also has that in mind and does not intend to intervene. Furthermore, the rights of a fit parent are constitutionally protected. It is right of the parents, not the court, to determine with whom their children should interact. Unless the actions of the parent are harmful or otherwise detrimental to the child in question, the courts typically rule in favor of the parent.

Continue Reading ››

 Posted on January 14,2019 in Visitation

There are a multitude of reasons a parent may wish to restrict visitation between a child and their other biological parent. Sometimes there is evidence of neglect or abuse, and in other cases, the child does not want to go for their own reasons. No matter the situation, a parent’s natural instincts kick in to protect their child and do what is best for them. Yet you must balance that with what is also legally appropriate.

When it comes to parenting time in Illinois, is it ever permissible to restrict visitation?

Obstructing Court Order

Typically, only under the direst of circumstances will a judge restrict visitation to a biological parent. However, a clause exists protecting children from potential danger. After any court order is given, such as a parenting time agreement, only a judge can legally approve modifications. Non-compliance with a standing court order is illegal and can result in harsh penalties, but a judge can authorize modifications if evidence exists that visitation would endanger the child's physical, mental, moral, or emotional health in a serious manner.

Continue Reading ››

 Posted on January 09,2019 in Family Law

Until recent years, the rights of a father to their biological child largely depended on their marriage to the child’s mother. However, with nearly half of all marriages ending in divorce, much of our society is waiting until later in life to marry, or opting to avoid marriage altogether. The number of unwed mothers delivering children has risen from 4 percent in 1950 to nearly 40 percent each year since 2008, which has left many fathers without rights to their offspring. As non-marital children become a societal norm, more biological fathers are pushing for their natural rights, which has become known as the Father’s Rights Movement.

A Child’s Benefit to Having a Father in their Lives

There has never been a question regarding the bond between a mother and a child. Traditionally, mothers were arguably the most critical person in a child’s life. The mother was caring, supportive, and protective. However, fathers also play a pivotal role in their child’s life. They can also be caregivers, nurturers, and disciplinarians. Studies show children who grow up with a father figure:

Continue Reading ››

 Posted on January 07,2019 in Divorce

Psychological experts agree grief is the emotion most frequently experienced during a divorce, although it is sometimes disguised among its multiple stages. Even the fortunate couples who have an amicable divorce feel grief. Separation often feels like a loss, whether it is losing the relationship, the dream of “happily ever after” they hoped for on their wedding day or even the marital assets accumulated during the marriage.

The various stages of grief can have a significant impact on the divorce process, no matter which route a couple chooses. However, through alternative dispute resolution (ADR) and mediation, intense emotions are both expected and resolved, which allows all parties the opportunity to find peace in a difficult situation.

Continue Reading ››

 Posted on January 03,2019 in Divorce

Adjusting during and after a divorce is often difficult for children. Experts believe children adapt better to life after a divorce when they continue a relationship with both parents. Illinois lawmakers agree and have several legal guidelines in place to prevent the unnecessary separation of children from their parents. However, we understand that no two situations are identical, and in some cases, it is in the best interest of the child to relocate.

Before packing your bags, consider these laws if you are weighing your options for a possible upcoming relocation:

Local Moves

The primary focus of child relocation laws is to uphold the best interests of the child without infringing upon the rights of either parent. These regulations also serve as a strong reminder that relocating with a child should not be taken lightly. With that, if you live in DuPage County or the surrounding areas, you do not need the approval to move so long as you remain within 25 miles of the original residence.

Continue Reading ››

 Posted on December 31,2018 in Divorce

Stress and extreme emotions frequently coincide during the process of divorce. Occasionally, statements made during the “heat-of-the-moment” are later regretted. In many cases, these statements are emotionally painful but do little damage otherwise, so long as they remain private. However, if these statements do become public, they can destroy reputations and businesses alike. If your ex made false statements about you during your divorce, can you sue them for defamation of character?

Defining Defamation

Before determining if your ex is financially responsible for the harmful things they said during your divorce, it is essential to understand what constitutes defamation of character. Defamation is writing or saying something untrue and derogatory about someone else, with these statements resulting in substantial loss or injury. In a defamation lawsuit, you must satisfactorily prove your ex is guilty of all six of the following actions:

Continue Reading ››

 Posted on December 26,2018 in Divorce

When you divorce, everything earned during the duration of your marriage becomes marital property and is divided between the two parties, including any business started during that time. What happens to this investment depends on the specifics of your situation and applicable state laws. Divorce business valuation and the preferred standard of valuation varies by state, in addition to whether they consider personal goodwill as a marital asset.

Here we will discuss general guidelines regarding Illinois law and business values but is not intended as a substitute for direct legal advice. For specific information regarding your case, address your concerns with an experienced DuPage County divorce attorney.

What is a Standard of Valuation?

Continue Reading ››

 Posted on December 21,2018 in Divorce

The first thought that often comes to mind for many people once divorce becomes a reality is, “Who is moving out?” The idea of staying in the same city, let alone the same house, is typically too overwhelming to bear, and someone decides to leave the residence. Before you pack your bags and head for the door, you may want to reconsider.

Door May Not Reopen When Leaving Home During Divorce

Sometimes the feel, noise, and finality of slamming door are satisfying. The motion brings a physical release and closure to a heated argument loaded with emotion. However, if you walk out that door, you may not be able to get back in, and your ex-spouse then has possession of everything inside.

If you are both in the home and neither of you want to leave, your spouse would have to ask the court to have you removed from the house, which takes time. Usually, with a “stay away” order, a judge only removes an individual if they are found guilty of domestic violence or are in some way endangering their ex and children.

Continue Reading ››

 Posted on December 19,2018 in Child Support

In Illinois, parents no longer have “custody” of minor children. Instead, parents claim “parenting time” and “decision-making authority” for their kids. These terms replaced custody in 2016 when Illinois made drastic changes to the Illinois Marriage and Dissolution of Marriage Act (IMDMA).

Some parents believe if they share an equal amount of parenting time, the estimated child-related expenses should be the same, and that neither party should pay child support payments. However, Illinois court disagree.

Let’s explore the influential factors for determining child support payment amounts,

and why equal parenting time may not negate its necessity.

Child Support Calculator in Illinois

During the legal overhaul in 2016, Illinois shifted focus away from what was most comfortable for the parents to what is in “the best interests of the child.” This verbiage repeats itself continually throughout the new laws, including in the determination of child support payments. The law holds both parents accountable for the support of the child, rather than the formerly-titled “non-custodial parent.” Now, calculations include how much each parent financially contributed to the household during the marriage, which allows children to enjoy the same amount of financial support as when the parties were married and living in the same home. Factors a judge will consider include:

Continue Reading ››

 Posted on December 17,2018 in Uncategorized

During the divorce process, which can last more than a year in some cases, many people seek new companionship. If you are not officially divorced, however, you are still legally married and should be conscious of potential repercussions.

The idea of “almost divorced” does not exist; either you are divorced or you are not. Now that you and your spouse have decided to split, it may seem like the ideal time to boost your self-esteem and pursue potential love interests, but doing so can have negative implications.

Why Not to Date During Divorce

Divorces are very taxing, emotionally and physically. You often feel a drastic decline in self-esteem. You may feel ready to move on. Your friends might even encourage you to find someone new to help you “get over” your ex-spouse. Acting on this temptation, however, can backfire.

Continue Reading ››