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Recent Blog Posts
How Can I Obtain Guardianship of My Grandchild in Illinois?
Grandparents are often a valuable source of love and guidance in a child's life. In some cases, grandparents may need to take on the role of the parents in their grandchild's life. The Illinois Department of Children and Family Services reports that there are currently more than 100,000 Illinois grandparents caring for their grandchildren on a long-term basis. If you are a grandparent who is concerned about your grandchild's well-being, you may be interested in obtaining guardianship of your grandchild. The process of gaining guardianship of a minor child is not always easy, but it can make a big difference to a child in need of a loving home.
Grandparent Guardianship
There are several types of guardianships recognized by Illinois law. If you acquire “guardianship of the estate,” you will be authorized to manage your grandchild's assets and make financial decisions on behalf of your grandchild. This type of guardianship may be necessary if the child's parents have passed away and left him or her a substantial inheritance. “Guardianship of the person” allows you to take on a parenting role in your grandchild's life. You would be responsible for your grandchild's daily care and authorized to make decisions about his or her education, living arrangements, and healthcare. “Plenary guardianship” authorizes an individual to make decisions about the minor's estate as well as his or her personal care. Guardianship may be permanent or temporary depending on the child's needs and the circumstances of the case.
Employees Working From Home May Still Experience Sexual Harassment
Concerns about COVID-19 have resulted in countless employees working from home. At first glance, it may seem as if remote workers are immune to sexual harassment. After all, if you are not in the office, how could you become a victim of sexual harassment? Unfortunately, many employees are still being subjected to unlawful discrimination and harassment even while working from home. If you or someone you know is experiencing any form of these unlawful acts, it is critical that you seek the guidance of a skilled attorney to protect your rights.
Email or Text Messages May Contribute to a Hostile Work Environment
According to the Equal Employment Opportunity Commission (EEOC), hostile work environment sexual harassment occurs when gender or sex-based remarks or behaviors are severe or pervasive enough to devalue working conditions and generate an abusive working environment. When most people think about sexual harassment, they assume that the abuse involves in-person remarks and behaviors. However, virtual interactions can constitute sexual harassment as well. In fact, it is often easier for a person to make inappropriate or demeaning comments to another individual online than it would be in person. Text messages, emails, and programs like Google Hangouts, Skype, and Zoom are all avenues that may be used to communicate virtually and harass an employee. Remarks made via video and audio conferencing as well as sexually explicit pictures and videos sent over the Internet may also contribute to a hostile work environment. Quid pro quo sexual harassment may occur between supervisors and employees working from home if the supervisor attempts to gain sexual favors in exchange for work benefits.
What Happens if a Spouse Is Pregnant During an Illinois Divorce?
Countless issues can complicate the already complex legal process of ending a marriage. One of these complicating factors is pregnancy. If you or your soon-to-be ex-spouse is pregnant, and you plan to divorce, you probably have many questions and concerns. You may wonder how parental responsibilities and parenting time will be determined, or you may have worries about child support. Getting a divorce while a spouse is pregnant is possible under Illinois law, but it can be challenging both personally and legally.
Establishing Paternity of Your New Child
Paternity refers to the legal relationship between a father and a child. Illinois law presumes that when a married woman has a child, her husband is the child's biological and legal father. The father does not need to take any additional steps to establish paternity. This is also true if the baby was conceived while the couple was married but is born after their marriage is dissolved. A father who has established paternity has the right to parenting time and may also have certain obligations, such as child support payments.
What Actions Constitute Quid Pro Quo Sexual Harassment in Illinois?
No one should ever be expected to tolerate sexual harassment in the workplace. Discrimination on the basis of sex and gender violates Title VII of the Civil Rights Act and numerous other federal and Illinois state laws. Unfortunately, many employees are unaware of their right to report harassment. Quid pro quo sexual harassment is one type of harassment prohibited by the Equal Employment Opportunity Commission. If you have been a victim of quid pro quo or another type of sexual harassment at work, contact a sexual harassment attorney for help.
Victims of Quid Pro Quo Harassment May Be Employees or Potential Employees
The term “quid pro quo” is a Latin phrase that roughly translates to “this for that.” Quid pro quo sexual harassment occurs when an employer, supervisor, or another person of authority attempts to trade a job-related benefit for sexual contact. The harassing party may imply or outrightly state that an employee will gain a favorable shift, work assignment, positive performance review, promotion, salary increase, or other work-related advantages if he or she tolerates the harassing party's sexual advances. The harassing party may also threaten negative work consequences, such as a poor performance review or termination, if the employee does not submit to the sexual advances.
The Health Effects of Sexual Harassment
By now, most people are fully aware that sexual harassment is a type of workplace discrimination that should not be tolerated. When it becomes public knowledge that a company or employer allowed such harassment to continue, that company is often the subject of public scrutiny and boycotts in addition to claims for damages by the victims in question. But, what about the victims themselves? Unfortunately, being a victim of sexual harassment can cause a variety of health issues that could last for many years to come.
Mental Health Concerns
The laws that address sexual harassment in the United States are primarily focused on the responsibility of employers to prevent, identify, and address instances of sexual harassment as a form of employment discrimination. The reality, however, is that the behaviors that constitute sexual harassment are actually forms of physical or emotional abuse. Therefore, it should come as little surprise that sexual harassment victims often suffer serious mental health effects.
How Much Spousal Maintenance Will I Have to Pay After an Illinois Divorce?
Spousal maintenance, spousal support, and alimony are all terms used to describe payments that one spouse may be ordered to pay to the other spouse as a result of a divorce. Typically, spousal maintenance is awarded when one spouse lacks sufficient income to support themselves in the lifestyle they have grown accustomed to during the marriage. Spousal maintenance may be awarded based on the directions contained in a prenuptial agreement, postnuptial agreement, or other valid marital agreement or it may be awarded on a case-by-case basis by the court. If you have reason to believe that you or your spouse will have to pay spousal support, you may have many questions about the amount and duration of the payments.
When Does an Illinois Court Award Spousal Support?
If no valid marital agreement describes a spouse's maintenance obligation, the court will decide whether or not maintenance is appropriate and necessary by weighing a number of factors. These factors typically include but are not limited to:
4 Reasons to Consider Mediation During Your Child Custody Dispute
If you are planning to divorce and you and your spouse share children, you will be asked to agree on a parenting plan as part of the divorce process. The parenting plan, or parenting agreement, describes each spouse's rights and responsibilities, including scheduled parenting time. Reaching an agreement about the terms of the parenting plan is often a difficult task for divorcing couples. Mediation is one type of alternative dispute resolution that is often useful in resolving disagreements regarding child-related issues such as the allocation of parental responsibilities and parenting time.
Mediation Is Usually Less Expensive and Less Stressful Than Litigation
When a divorcing couple cannot reach an agreement about the terms of their divorce, the case may go to trial. Courtroom litigation can be an expensive and demanding process. Mediation is typically less traumatic for both parents and children, and considerably less expensive than litigation.
What Types of Damages Are Available in a Sexual Harassment Lawsuit?
Sexual harassment is a type of sex-based employment discrimination that violates both federal and state law. The Equal Employment Opportunity Commission estimates that about one out of every four U.S. workers have been affected by sexual harassment at work. Nobody should have to tolerate sexual harassment. However, it often goes unreported due to misinformation and fear of retaliation. Although it is expressly against the law for an employer to retaliate against a worker for making a harassment or discrimination complaint, it is not uncommon for an employer to exact revenge on an employee for reporting sexual harassment. When an employee suffers some type of harm or injury due to sexual harassment, a sexual harassment lawsuit may help him or her receive compensation.
When is a Successful Sexual Harassment Claim Possible?
There are two types of sexual harassment claims according to the law: hostile work environment harassment and quid pro quo harassment. The former involves sex-based or derogatory communication and behavior while the latter involves a superior attempting to gain sexual contact in exchange for work-related advantages.
Keeping It Civil: Amicable Divorce and Preparing for the Long Road Ahead
It is no secret that ending a marriage can be messy. In many cases, it can be downright nasty, with acrimony and contentiousness that can linger for many years after the divorce is finalized. Of course, there is no requirement that your divorce must follow such a path. The law in Illinois, in fact, explicitly encourages just the opposite. A cooperative, negotiated divorce is almost always preferable to fiercely litigated dissolution, and can help pave the way for a more civil post-divorce relationship between you and your ex-spouse.
Cooperation Encourages Compliance
If you were to step back and objectively assess yourself, are you likely to do something just because you were told to do it? While you may be able to follow orders, you are probably much more willing to do so if you had a role in creating them. An amicable divorce offers the opportunity for you and your spouse to do just that. Together, you can create a workable agreement that addresses whatever concerns each of you may have. Long-term compliance may be significantly improved if you both feel that you were an important part of the settlement.
What Are the Laws Regarding Parental Relocations in Illinois?
Sharing parental responsibilities and parenting time of a child with another parent can be full of challenges and disagreements. One issue that many parents struggle with is parental relocation. When one parent wants to move a significant distance away, the other parent may be concerned about how this will affect the allocation of parental responsibilities and parenting time. If you or your child's other parent are planning to move, make sure to familiarize yourself with the laws regulating parental relocations in shared parenting situations. Depending on the distance between the parent's current residence and the new residence, the relocating parent will likely be required to petition the court for a modification to their divorce decree.
What Counts as a Parental Relocation?
If a parent is moving only a short distance away, the move may not need to be approved by the court. According to Illinois law, a parental relocation is one in which a parent with a greater or equal share of parenting time moves to a new residence and one of the following is true:
Read MoreServing DuPage, Kane, Kendall, Will, Cook, and Lake Counties Since 1949
For guidance with your case, contact our attorneys at 630-665-7300. We will answer your questions, explain the process relevant to your case, and advise how best to proceed. Our firm has locations in Wheaton and St. Charles, Illinois, and we work with clients throughout the Chicagoland area, including, DuPage, Kane, Kendall and Will Counties.
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From our law offices in Wheaton, St. Charles, and Sycamore, the family law and civil litigation law attorneys of Mirabella, Kincaid, Frederick & Mirabella, LLC represent businesses and individual clients throughout the western suburbs of Chicago, including Wheaton, Naperville, Oak Brook, Oakbrook Terrace, Glen Ellyn, Carol Stream, Lombard, Downers Grove, Burr Ridge, Hinsdale, Lisle, Elmhurst, Winfield, Woodridge, Warrenville, and throughout DuPage County. We also serve clients in Will County, Kendall County, and Kane County, including St. Charles, Geneva, Batavia, Aurora, North Aurora, Elgin, Algonquin, Barrington Hills, Bartlett, Big Rock, Burlington, Campton Hills, Carpentersville, West Dundee, East Dundee, Elburn, Hampshire, Huntley, Kaneville, Maple Park, Sleepy Hollow, and Wayne.
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