Posted on July 02, 2018 in Main

Family courts in Illinois—like those in the rest of the country—often have the unenviable task of making very difficult decisions regarding how a child will be cared for following the divorce or breakup of his or her parents. In more tragic situations, including those in which the child's parents are deceased or incarcerated, the courts may need to decide on a guardian or other caretaker for the affected child. Throughout all of these types of cases, Illinois law provides that the child's best interest should always be the top priority. To make sure the best interests of the child are fully protected, the court may appoint a specially-trained attorney to serve as a guardian ad litem for the duration of the proceedings.

The Role of a GAL

A guardian ad litem, or GAL, is an attorney who does not work on behalf of any party in a child-related legal matter. Instead, he or she serves more as an extension of the court and as an independent expert witness. The GAL is tasked with developing a proposed outcome for the case that, in his or her trained opinion, will provide the best possible scenario for the child. To do so, the GAL is granted the power to investigate the relevant circumstances of all involved parties by conducting interviews, visiting homes, and reviewing appropriate documents, including previous court records.

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 Posted on June 26, 2018 in Kane

In many situations, a couple will get divorced while remaining remarkably civil to one another both during and after the fact. Sometimes, however, a divorce or a break up can become much more contentious. While these types of splits are always unfortunate, they can be even more so when they involve children. It is unfortunately not uncommon for one parent to make it difficult for the other parent to spend time with their child during and after a bitter divorce. If you are being denied access to your child, it is important to know your rights.

Your Rights to Parenting Time

According to Illinois law, legal parents have the rights to a reasonable parenting time with their children. This is true regardless of the relationship between the adults. Even parents who have not been given any say over important decisions for their children are supposed to have access to parenting time, assuming they do not present a danger to their children. This means that your ex-spouse does not have the right to keep you from seeing your child.

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 Posted on June 21, 2018 in Main

Not all that long ago, when a couple with children got divorced, children generally lived with their mother after the divorce. Many fathers did not get much time with their children and did not often remain terribly involved in their children's lives. Today, there are countless ways for families to exist, including a number of arrangements that include divorced parents. A child who splits time between each parent's house is no longer unusual.

If you are an unmarried or divorced parent, it can be challenging to make the most of the time you get with your child. There are, however, some things you can do to facilitate effective co-parenting.

Focus on Quality, Not Quantity

It is not uncommon for unhappy parents to stay together because of concerns regarding their children. They may be worried about going even a few days without their children, and many fear that their children will feel abandoned and unloved. Such fears—while understandable—can be addressed, and a co-parenting arrangement can be positive for everyone involved.

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 Posted on June 17, 2018 in Kane

Unfortunately, divorce can sometimes bring out the worst in people. Some couples who decide to end their marriage are able to do so with relatively little malice, while others fight tooth and nail throughout the entirety of the divorce process. If you are considering or have already decided to divorce and you think your spouse may try to “get even” with you by recklessly spending money or otherwise wasting assets, read on to learn about a legal concept called dissipation.

What Is Considered Dissipation According to Illinois Law?

The Illinois Supreme Court defines dissipation as “the use of marital property for the sole benefit of one of the spouses for a purpose unrelated to the marriage at a time that the marriage is undergoing an irretrievable breakdown.” Marital property generally refers to income, property, and debt accumulated by either spouse during the course of the marriage. Certain assets such as gifts or inheritance may not be considered marital property. The term “irretrievable breakdown” means that the marriage is ending. A couple who has stopped sharing a bedroom, does not enjoy time together, and does not wish to salvage the marriage would be considered in the midst of an irreconcilable breakdown.

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 Posted on June 16, 2018 in Main

Sexual harassment continues to be a problem despite growing advocacy against it. Whether it is a boss implying that a new job candidate may get the position if the candidate goes on a date with him or a co-worker who makes repeated sexual comments about another employee, sexual harassment is unacceptable. In a new report written by researchers from the National Academies of Science, Engineering, and Medicine, antidotes to the prevalence of sexual harassment in academia are explored.

Sexual Harassment Is a Serious Issue at Many Colleges and Universities

Researchers have used available data and surveys to illustrate just how troubling the frequency of sexual harassment in schools is. Nearly 60 percent of female faculty in colleges and universities report that they have experienced sexual harassment because of their job. Students are not immune to this disturbing trend either. In a study from the University of Texas, female students in the science, medicine, and engineering departments were the most likely to have experienced sexual harassment. Approximately 20 percent of female science students reported experiencing sexual harassment while in school, and over 40 percent of women studying engineering stated that they had been sexually harassed.

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 Posted on June 15, 2018 in Main

Last month, a judge in DuPage County vacated a support order based on a 40-year-old Illinois law. The law allows judges to order divorced parents—but not parents who are still married—to contribute to their children's college (or other post-secondary education) expenses even after the age of 18. While the judge's recent ruling is not precedential, it has set the stage for serious change in the state.

The Case in Question

The circumstances that led to the ruling could describe those in any number of Illinois families. The student in question was a young woman who spent many years interested in marine biology. Her divorced parents supported her interest, and her father financed several dive excursions for her in exotic locations. Her father was so supportive that he even offered to pay for her full college education if she chose one of two specific schools offering a course of study in marine biology—one in Hawaii and the other in California.

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 Posted on May 29, 2018 in Main

For those who travel by air regularly, a team of attentive flight attendants may make each trip a more enjoyable experience. The flight attendants themselves enjoy some pretty nice perks, such as the ability to travel the world. Unfortunately, however, flight attendants are also subject to instances of sexual harassment—behaviors that have been described as “rampant” throughout the airline industry.

A Troubling Study

The Association of Flight Attendants (AFA) recently conducted a survey of more than 3,570 flight attendants from 29 U.S. based airlines. The study's participants were 80 percent women and 20 percent men, which is consistent with the gender distribution for flight attendants nationwide. The survey found that 68 percent—more than two-thirds—of the respondents have experienced some type of sexual harassment during their careers as cabin crew members.

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 Posted on May 24, 2018 in Kane

Following a divorce or breakup between two people who have children together, it is common for one parent to be granted a majority of the parenting time. Equal parenting time, in many cases, is impossible or impractical due to scheduling or geographic complications. In other cases, it may be in the child's best interest to spend significantly more time with one parent than the other.

If you are a divorced, separated, or unmarried parent who has been given less parenting time than your child's other parent, it can be difficult to maintain the relationship you desire with your child. Fortunately, Illinois law provides a way for you to possibly get additional parenting time by including the right of first refusal in your parenting agreement.

What Is the Right of First Refusal?

The right of first refusal can be complicated to explain, but it is fairly straightforward in practice. When you have the right of first refusal, it means that you are automatically first in line when your child's other parent needs childcare during his or her parenting time. In short, the other parent must offer you the chance to spend extra time with your child before finding a babysitter. Because the right is one of “first refusal,” you are under no obligation to accept the extra parenting time, but the other parent must make the offer.

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 Posted on May 21, 2018 in Main

In just a short time, school-aged children throughout Northern Illinois will be exchanging their textbooks for sunscreen, as summer vacation will soon be upon us. For their part, many parents are also looking forward to a summer filled with family gatherings, day trips, and outdoor adventures. Parents who share parenting time with a former spouse or partner, however, may have to do a little extra planning before they can truly enjoy the warmer months ahead.

What Does Your Parenting Time Plan Say?

If you are subject to a child custody order—also called a parenting plan—the order may spell out summer specifics in regard to parenting time. For example, your plan may explicitly state that your children will be with the other parent for the duration of the summer break, especially if you have primary residential responsibilities during the school year. Other plans may split parenting time during the summer the same way it is divided during the non-summer months. In more casual situations, you may even have the freedom to make parenting time arrangements on a week-by-week basis with the other parent.

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 Posted on May 14, 2018 in Main

For many people, professional sports cheerleaders present an ethical dilemma. On one hand, the women who are a part of professional cheerleading teams are generally independent and empowered, and they voluntarily sign up for a high-profile role within the specific organization. On the other hand, arguably professional sports cheerleaders use their physical appearance, charisma, and sex appeal to promote the team under which they are employed.

As with any profession that involves sex appeal, there are likely to be instances where cheerleaders may be placed in uncomfortable situations, some of which may even rise to the level of sexual harassment or sexual misconduct. A recent report suggests that this may have been the case for members of the Washington Redskins cheerleading team during a trip to Costa Rica in 2013.

Unexpected Spectators and More

Several members of the Washington Redskins cheerleading team told The New York Times that a 2013 trip to Costa Rica for a photo shoot ended up being more than they bargained for—and for several reasons. First, the women say that when they arrived in Costa Rica, officials from the team collected their passports, effectively denying them official identification and preventing them from leaving.

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