Batavia, IL Family Law Attorneys

Lawyers for Family Court Cases Affecting Spouses, Parents, Children, and Other Family Members in Batavia, Illinois

Billing and Fee Structures

We work to ensure that our fees are reasonable and affordable for all of our clients. To discuss our fee structures and learn about payment options, contact us at 630-665-7300.

Legal issues that affect families can quickly become complicated, and disputes in these cases can be emotionally charged. The decisions made in family court can have far-reaching implications that may affect parental rights and the financial resources available to different family members.

At Mirabella, Kincaid, Frederick & Mirabella, LLC, we understand the intricacies of family law, and we provide compassionate legal representation to clients in Batavia, Illinois who need to address these issues. Whether you are dealing with a divorce, a child custody dispute, or guardianship issues, or you are seeking to establish paternity or adopt a child, we are here to guide you through the legal process.

Child Custody

When parents separate, issues related to the custody of their children are likely to be some of the most crucial and sensitive matters that will need to be addressed. Child custody can generally be divided into two main categories:

• Legal Custody: In Illinois law, this aspect of child custody is known as the allocation of parental responsibilities, and it refers to the authority to make major decisions in a child's life about issues such as education, health care, and religion. Parents will usually be able to share parental responsibilities, but in some cases, sole decision-making responsibility in certain areas may be granted to one parent.
• Physical Custody: This aspect of custody addresses where a child will live and how much time they will spend with each parent. The times when a child is in the care of either parent are known as parenting time. Parents will need to establish a schedule detailing how parenting time will be allocated, including on school days and weekends and during holidays or school breaks.

Parenting Plans

In Illinois family law cases involving children, parents are required to create a parenting plan that outlines how parental responsibilities and parenting time will be allocated. Parents can work together to agree on a parenting plan that may then be submitted to the court, and these plans will typically be approved as long as they reflect the child's best interests. If agreements cannot be reached, each parent can submit their own proposed parenting plan, and they may ask the judge to decide on the final terms. In some cases, parents may be required to participate in mediation, which may help them reach agreements on what should be included in their parenting plan

A parenting plan will cover various important details to ensure that parents will be able to cooperate as they raise their children. A comprehensive parenting time schedule will be included. Terms detailing the allocation of parental responsibilities will help ensure that parents understand how different types of decisions will be made. Other issues may include transportation arrangements, rules for parent/child communication, and dispute resolution procedures.

At Mirabella, Kincaid, Frederick & Mirabella, LLC, we can help create thorough parenting plans that will address children's needs and help parents cooperate and communicate as they raise their children. We can advocate for clients in court if a mutually agreeable parenting plan cannot be reached, working to put arrangements in place that will provide for children's best interests.

Establishing Paternity

For unmarried parents, establishing paternity may be necessary to protect a father's rights and make sure the child will have access to certain benefits. By taking steps to name a person as a child's legal parent, issues such as child custody and child support can be addressed.

Our lawyers can help clients establish paternity through voluntary acknowledgment, which is often the fastest and easiest method. However, we can also take legal action to establish or contest paternity through the courts, ensuring that DNA testing is performed properly.

Adoption

Adoption can be a wonderful way to grow a family, but it involves a multi-step legal process, and various complications may arise. Our attorneys can assist with several types of adoption, including:

• Agency Adoptions: When an adoption is facilitated by a licensed adoption agency, we can help ensure that all legal procedures are completed correctly.
• Private Adoptions: In cases involving direct agreements between birth parents and adoptive parents, we can make sure all parties understand their rights and legal obligations.
• Stepparent Adoptions: When a spouse wishes to adopt the child of their partner, we can help complete this process, including taking steps to terminate the parental rights of the other birth parent.
• Relative Adoptions: When a relative such as a grandparent, aunt, or uncle provides care for a child, we can help establish permanent legal bonds while protecting the rights of all parties involved.

Guardianship of Children

In certain situations, a parent may be unable to care for their child, either temporarily or permanently. In these cases, a third party, such as a grandparent, relative, or other trusted individual, may seek legal guardianship of the child. Guardianship will provide the caregiver with legal authority to make decisions regarding the child's health, education, and general welfare. Our lawyers can assist with guardianship cases by filing petitions to establish guardianship and ensuring that all legal steps are followed to protect the child's well-being.

Divorce-Related Issues

When a couple wishes to end their marriage, they will need to address a variety of legal concerns. Our attorneys can provide the representation needed in divorce cases, helping to resolve concerns related to:

• Property Division: We help clients identify and value marital property, including real estate, retirement accounts, and business interests. We work to negotiate agreements that will provide for our clients' ongoing needs.
• Child Support: We work to ensure that parents' obligations toward their children are calculated correctly while also addressing expenses related to healthcare, child care, education, etc.
• Spousal Maintenance: We work to ensure that our clients will be able to maintain their standard of living. We can help clients determine whether spousal support may be paid, and if so, we will advocate for fair arrangements that are based on both spouses' financial circumstances.