Posted on November 22, 2022 in Child Custody

Child custody battles can sometimes be traumatic, stressful, and agonizing; however, when one parent suffers from addiction problems, the custody battle can be even more contentious and chaotic. Addiction comes in many forms, and a parent's addiction can have lasting and damaging mental and emotional effects on a child's well-being through adulthood. For instance, a child of an abusive alcoholic father could grow up with post-traumatic stress disorder (PTSD) or develop co-dependency. The consequences of the dysfunction caused by an addicted parent are severe, as many children can feel shame, embarrassment, abandonment, and anger.

Addiction can devastate a family's welfare, finances, and mental health and can lead to domestic violence and child abuse. According to the National Center on Substance Abuse and Child Welfare, roughly one in eight children reside with at least one parent with a substance abuse addiction. If an addictive parent cannot provide their child with basic needs, safety, and protection, that parent might be forced to forfeit their parenting rights. The best interest of the child is at the forefront of every case in Illinois court. So, the provisions of an offending parent's parenting plan may be restricted if needed. A trustworthy child custody attorney can help you navigate this difficult situation.

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 Posted on November 21, 2022 in Guardianship

Guardianship of a minor child is a serious responsibility, complete with a host of complexities to consider, including the child’s psychological well-being. When a child is orphaned or neglected, they need a suitable guardian; without one, the child becomes the ward of the state. According to Children’s Home + Aid, over 4,000 children enter the Illinois foster care system annually. Currently, there are more than 16,000 children in Illinois’s foster care system. A guardianship lawyer can provide legal aid for those who wish to establish guardianship over a minor.

What is Guardianship of a Minor?

The court appoints legal guardians if a child’s parents are deceased, detained, infirm, or unwilling to care for the child. Legal guardianship authorizes an adult to the decision-making and care of a child who is not their own. A child’s guardian does not need to be a blood relative of the child and could include the following.

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 Posted on November 18, 2022 in Child Custody

Under Illinois law, divorcing or separating parents of minor children are mandated to complete a court-approved parent education class. Even if the divorce is uncontested, parents are required to pay for and finish a parenting course. Sometimes parenting classes are court-ordered for parents accused of child abuse or neglect. These courses teach parents how to cope with frustrations, providing them with essential techniques to care for their children safely.

What is a Parenting Class?

Parenting classes are educational courses intended to enhance family dynamics by promoting a positive and nurturing relationship between the divorcing or separating parents and the child. The many benefits of parenting classes include but are not limited to the following:

• Teaches parents vital skills to help with the child’s transition from traveling between a two-parent household to a single-parent one

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 Posted on November 15, 2022 in Guardianship

Life circumstances can change in an instant. Catastrophic accidents or diseases may debilitate an adult to the point that they need a guardian to help manage their finances and healthcare. A family law attorney proficient in the decision-making responsibilities of guardians can assist with setting up a guardianship and help you prepare for the unexpected.

Types of Adult Guardianships in Illinois

A guardian, which only the court can appoint, is authorized with the legal responsibility to care for a disabled or incapacitated adult, also known as a "ward."

• Guardian of the estate – The guardian manages all of the ward's finances, including bills, banking, taxes, and real estate.

• Guardian of the person – The ward's healthcare and living arrangements, which may include home healthcare, assisted living, or a nursing home residence, are handled by the guardian.

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 Posted on November 07, 2022 in Child Custody

Social media is a valuable tool that enables people to market their businesses, promote their support groups, advocate for causes, and provide a sense of connection among family and friends who may live long distances. It also provides loved ones with accessibility to the social media user’s lifestyle, opinions, and emotions. During the COVID-19 quarantine, many depended on social media as an outlet to maintain relationships and human interaction. According to one source, as of 2021, 82 percent of the US population has a social media profile, which accounts for 223 million Americans. But with all the benefits, social media has a sordid underbelly.

Aside from cybercrimes like doxing, hacking, and identity theft, online predators peruse the Internet to commit child sex exploitation. Posting a personal photograph of your young child in the bathtub or in a bathing suit might be an endearing snapshot to share with the child’s grandparents, but such publicly viewed photos could entice online predators like pedophiles and cyber kidnappers. It is common for many to post pictures of their children on social media. However, some parents oppose this oversharing.

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 Posted on November 02, 2022 in Property Division

Asset division during divorce can sometimes exacerbate acrimony between the parties, especially if the dispute involves inherited assets. Under Illinois law, inheritance is considered non-marital property. However, ascertaining whether the inherited property ever shifted into marital property can be complicated. Once inherited assets are commingled with marital property, the inherited property can become marital.

A divorce attorney proficient in inheritance matters can help identify whether inherited assets are marital or non-marital. Additionally, a divorce attorney can help draft or modify marital agreements that protect your inheritance or your rights to an inheritance.

Means of Inheritance Protection

If a married person wishes to ensure that their inherited assets remain non-marital property, there are several ways to do so.

• Marital Agreement - Both types of marital agreements, prenuptial and postnuptial, can expedite divorce proceedings as long as the stated provisions are straightforward and explicitly defined. In a prenuptial agreement, each spouse can specify that current and future inherited assets remain non-marital. If a spouse has a change of heart, the prenuptial agreement can always be modified. A postnuptial agreement is especially valuable if there is not a prenuptial agreement. This agreement can also define spouses’ property rights.

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 Posted on October 26, 2022 in Child Support

Child support in Illinois terminates at age 18 or high school graduation. Since January 1, 2016, codified in Section 513 of the Illinois Marriage and Dissolution of Marriage Act, divorced parents have been obligated to contribute to their non-minor child’s education and living expenses. However, these agreed-upon contributions, stated in the divorce decree, can be modified. For instance, a modification is likely if one parent is incapable of contributing payment because of unemployment or illness. If a financially able parent default on payment, then that parent can be held in contempt of court.

Negotiating the tuition and living expenses of a non-minor child can be acrimonious. A family law attorney who understands the complexities of child support can help draft a modification or enforce a prearranged tuition agreement in the divorce decree.

Seven Terms of Section 513 of the Illinois Law

1. The funds from a 529 account, which appropriates money for higher education, can help with payment for tuition and living expenses.

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 Posted on October 25, 2022 in Property Division

In the United States, pets are often treated and considered family members. Their devotion is clear, as nearly $70 billion is spent annually on pets, according to the American Pet Products Association (APPA). The 85 million families who own at least one pet, which accounts for 67 percent of American households, demonstrates how massive the pet industry is to the economy. The bond between some owners and their pets is intense.

According to a Human Animal Bond Research Institute (HABRI) study, 79 percent of pet owners confirm their pets reduce stress. Owning a pet could also minimize cardiovascular disease and depression. So, when divorcing spouses dispute the custody of their family pet, it is sometimes as stressful and hostile as a child custody battle. Deciphering the ownership and visitation rights of a pet can be complex. A family law attorney skilled in both child and pet custody disputes can help strategize and determine pet ownership and responsibilities.

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 Posted on October 21, 2022 in Child Custody

Child custody battles can be contentious, acrimonious, traumatic, and costly. A reliable child custody attorney can help with dispute resolution to facilitate an amicable outcome. However, when dispute resolution, like mediation, fails, the court may appoint a guardian ad litem (GAL), a child representative, or a custody evaluator to help determine what is in the child's best interests. These investigations can be intrusive, nerve-racking, and embarrassing, making some feel unfairly judged. A child custody attorney skilled in collaborative law can also help you prepare for the evaluations of court-appointed, third-party investigators.

What is a Guardian Ad Litem, a Child Representative, and a Custody Evaluator?

Guardian ad litem (GAL) -- GALs, who are certified and trained through the Department of Children and Family Services, advocate and protect a child's best interest during custody battles. Working on behalf of a child, a GAL is typically court-appointed and can serve as a witness. After a thorough investigation, GALs provide recommendations to the judge. A GAL's fees are billed to the child's parents or guardians.

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 Posted on October 18, 2022 in Child Custody

Acrimonious divorce and custody battles can be traumatic for the child in the short term and, if unresolved, in the long term. If a parent starts to date shortly after the divorce, this can wreak havoc on the child’s psyche as they try to adjust to their new circumstances. The child’s confusion and animosity regarding the divorce will likely intensify if a parent dates a person from an adulterous affair that was the catalyst for the divorce. Introducing a child to a new partner may instigate the child’s feelings of abandonment and heighten friction between the other parent.

If not stipulated in the divorce decree or parenting plan, a parent has the legal right to introduce their child to a new partner. However, this does not necessarily render the disputing parent without legal recourse. A divorce attorney can help negotiate an agreeable solution and implement a post-decree modification.

Potential Issues That May Necessitate a Modification

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