Parenting Plans – Writing the Rules

 Posted on December 00, 0000 in Main

In 2003, Illinois enacted the Uniform Child Custody Jurisdiction and Enforcement Act which sought to simplify child custody disputes. When parents share custody, both parents can make important life decisions for their child—and a parenting plan, agreed upon by both parents, can help to alleviate visitation and custody conflicts.

Additionally, the Illinois Marriage and Dissolution of Marriage Act requires that the best interests of a child be considered. Hence, when creating a parenting plan, a child's interests and well-being must be considered.

What is a Parenting Plan?

A parenting plan agreed upon by the parents is essentially a contract, which after being approved by the court, becomes an enforceable order or judgment of the court. Ideally, a parenting plan will help keep parents out of court by having them agree upon child rearing issues in advance. The plan can cover future and current child custody issues as well as a variety of topics that deal with varying aspects of child custody and visitation.

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The Dos and Don'ts of Child Custody

 Posted on December 00, 0000 in Main

The process of divorce is emotionally taxing and complex. The process is even more challenging when there is an issue of child custody. There are, however, several tips which may make the process easier to overcome if followed diligently.

Be kind to your child: While this may seem obvious, it is important to keep in mind. Resist the temptation to take out your frustrations on your child. Additionally, when you are with your child, aim to be neutral or positive about his or her other parent. This will help to ensure that your child is not negatively impacted by your actions. On the other hand, if you know or suspect that the other party is attempting to negatively impact your child's feelings about you or your family, it is important that you speak with your attorney to minimize any negative influence on your child's emotional state.

Control your emotions and your actions: During a custody battle it is important to be under control every step of the way—from the initial filing to the final judgment. To be safe, assume that every word you utter, and every step you take, is being recorded as evidence to be used against you in your case. This is especially true when it comes to things you post on the Internet and social media.

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Adopting a Child in Illinois – Reviewing the Process

 Posted on December 00, 0000 in Main

The decision to adopt a child brings together individuals who desire to become parents of children who are in need of loving homes. While adoption is often extraordinarily beneficial for all parties involved, the process of completing one can be very complex.

Who May Adopt

Under Illinois law, any reputable person of legal age who has lived continuously in Illinois for at least six months immediately prior to the beginning of the adoption proceeding may adopt. A person who is a member of the armed forces of the United States must be domiciled in Illinois for at least 90 days. A person's domicile is their true and permanent home, to which they intend to return to even though they may be currently living somewhere else.

Petition to Adopt

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How Does Domestic Violence Affect Child Custody?

 Posted on December 00, 0000 in Main

Ending a marriage through divorce is a difficult process, and is filled with many mixed emotions. The process is made more complicated when children are involved, particularly when one parent has been accused or previously convicted of domestic violence. The existence of domestic violence raises several issues that the court may have to address.

What is Domestic Violence?

Under the Illinois Domestic Violence Act (IDVA), domestic violence is defined as physical abuse, harassment, forcing a dependent to witness physical abuse of another person, interference with personal liberty, or willfully depriving a person of necessary items, such as medication, medical care, shelter, or food. Physical abuse includes sexual abuse as well as any of the following:

1. Knowing or reckless use of physical force, or confinement or restraint;

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Child Support and Visitation after Remarrying

 Posted on December 00, 0000 in Main

If you are getting married, a great deal of change will occur in your life. A majority of this change will likely be beneficial for you and your new spouse. However, if you had children in a previous marriage before getting divorced, your new marriage may impact child support and visitation.

Child Support

Historically, remarrying did not impact child support as courts did not examine the amount of a new spouse's earnings. This changed slightly when, in an Illinois Appellate Court decision, it was held that the “trial court may equitably consider the income of a parent's current spouse in determining an appropriate award of support.” As a result, courts are not prohibited from considering a new spouses income when addressing certain modifications of child support.

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International Adoptions: Overcoming the Complexities

 Posted on December 00, 0000 in Main

Adopting a child from another country is more complex than a domestic adoption. These type of adoptions can be expensive and can take longer to complete. However, this does not make adopting a child from another country impossible. Rather, it just means that there are additional issues of which prospective adoptive parents should be aware.

Hague Convention

The Hague Convention on the Protection of Children and Co-operation in Respect of Intercountry Adoption (Hague Adoption Convention) was designed to provide safety for the children and parents involved in adoptions. The specific objectives are to establish:

1. Safeguards to ensure that adoptions are in the best interests of the child; and
2. A system of cooperation between contracting states to ensure safeguards are respected to prevent the abduction, sale and trafficking of children.

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What is an Adoption Home Study?

 Posted on December 00, 0000 in Main

An important part of the process leading up to adopting a child is the adoption home study. Because of the length and thoroughness of home studies, you may feel overly burdened and like your privacy is being invaded. But, it is important to keep in mind that the home study is a tool to ensure that your adoption will be a successful one for both you and your adopted child.

What Does a Home Study Include?

An adoption home study is a document written by a home study worker about the prospective adoptive parents. It includes information gathered from interviews with each family member living in the prospective parents' house. The interviews will likely be fairly exhaustive and may take some time to complete. Typically, the interviews occur in the prospective parents' home.

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What Happens to the House in a Divorce?

 Posted on December 00, 0000 in Main

Determining who will get the house is often one of the biggest issues that must be resolved for people going through the divorce process. It is likely that a house is a couple's most highly valued asset, and the decision of what happens to the house is affected by several factors.

Equitable Division

Illinois is an equitable division of property state. Hence, property in a divorce is divided as fairly as possible. One spouse may end up with significantly more because the court awards property based on what each spouse contributed to the marriage. If one spouse had significantly higher financial earnings, the division of property may weigh heavily in that party's favor. But, it is important to note that the court also considers the value of a stay-at-home spouse.

There are only nine states that do not divide property under the equitable theory. Instead, these states are community property states. Under this division, all property acquired during a marriage is evaluated and split equally. Additionally, which spouse legally owns the property does not matter; if it was acquired during the marriage, it becomes community property.

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Division of Property upon Divorce

 Posted on December 00, 0000 in Main

When a couple is married, they will likely obtain a great deal of personal and real property during the course of their marriage, particularly when they are married for a significant period of time. Therefore, when a couple decides to divorce, how that property is distributed becomes a critical issue.

Agreement

Under Illinois law, divorcing parties may enter into a written or oral agreement containing provisions for the disposition of property owned by either party. This agreement is binding on the court unless it is found to be unconscionable. In determining whether an agreement is unconscionable, the court will consider the economic circumstances of the parties and any other relevant evidence. If the court finds that the agreement is unconscionable, it may request the parties to submit a revised plan or agreement.

Disposition of Property

If the parties cannot agree on the division of property, the court will have to become involved. The first step is to determine what property is marital property. Marital property is considered all property acquired by either party subsequent to the marriage, except for certain property that is deemed non-marital, which includes:

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Paternity Determinations in Illinois

 Posted on December 00, 0000 in Main

There are several important reasons why a single parent should legally determine paternity, such as to obtain support or to establish a family relationship. Furthermore, there are numerous ways in which paternity determinations can be initiated and resolved. If you are involved in a paternity dispute, it is important to understand the different ways legal paternity may be determined in Illinois.

Parent and Child Relationship 

The parent and child relationship is defined as the legal relationship existing between a child and his or her natural or adoptive parents. This is important because the law confers or imposes rights, privileges, duties, and obligations on this relationship. Illinois specifically states that it includes the mother and child relationship and the father and child relationship.

Presumption of Paternity

Under Illinois law, a presumption, rebuttable only by clear and convincing evidence, that a man is the natural father of a child exists if:

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