If You Are a Victim of Sexual Harassment, Memorialize it in Writing

The Key Thing You Should Do If You Are a Victim of Sexual Harassment Is to Memorialize It in Writing

DuPage County Lawyers Teach Best Practices for Sexual Harassment Lawsuits

Sexual harassment is a serious issue that affects people in multiple types of workplaces. It can take several forms, although it generally falls into one of two categories. Quid pro quo sexual harassment may be committed by a supervisor, manager, or someone else in a position of authority, and it involves requests for sexual favors in return for benefits or to avoid penalties. Hostile work environment sexual harassment may include any actions that affect a person's ability to do their job, including unwanted sexual advances, inappropriate comments, or other actions that make a person feel threatened or uncomfortable.

If you are a victim of sexual harassment at your workplace, the first and most important thing you can do is to document the harassment in order to help your case. At Mirabella, Kincaid, Frederick & Mirabella, LLC, we can explain the steps you can take to address sexual harassment, and we can help you determine how to respond following a wrongful termination for submitting a sexual harassment complaint.

Documenting Sexual Harassment

Our attorneys have helped various clients over the years who approach our team after they have already been terminated. One issue that often plays a role in these situations involves evidence that harassment occurred. In some cases, a person may have never documented any of the sexual harassment that they were subjected to. If the sexual harassment was not documented in writing, then the company would have no actual record that the sexual harassment occurred. One common mistake that sexual harassment victims make is to only document the sexual harassment in their personal journals. They may have never reported the harassment to their company's human resources department or to a supervisor. While a log detailing sexual harassment incidents can provide important information in a case, other forms of documentation and evidence will usually be necessary. Personal journals generally do not count as official documentation that can be used as evidence in a sexual harassment lawsuit.

In order to give yourself the best chance of getting the outcome you desire, you can send an email to HR or to your manager that describes your sexual harassment experience at work. Make sure the words "sexual harassment" are included in the email. A formal written complaint can actually protect your employment, because Illinois prohibits your your employer from terminating you for submitting sexual harassment complaints. By following your company's procedures for addressing sexual harassment, you can ensure that all proper documentation will be created and preserved.

If your company fails to take the proper actions to address harassment, prevent future incidents, and protect you and your coworkers from harm, you may need to take legal action to protect your rights under the law. If you were wrongfully terminated because you reported sexual harassment, you may be able to recover compensation for your financial and personal losses, or you may be reinstated to your former position.

Contact Our DuPage County Sexual Harassment Attorneys

It can be difficult to discuss your experience with workplace sexual harassment, and we understand this. At Mirabella, Kincaid, Frederick & Mirabella, LLC, we have helped many clients address these difficult issues. If you, or anyone you know, have any questions regarding what to do after experiencing sexual harassment at work, do not hesitate to call 630-665-7300 to schedule a consultation. You can also contact us online. We serve clients in Wheaton, Naperville, Oak Brook, and throughout Illinois.

What Parenting Time Am I Entitled to if I Do Not Get Sole Allocation of Parental Responsibility?

What Parenting Time Am I Entitled to If I Do Not Get Sole Custody?

Exercising Reasonable Rights to Parenting Time in Illinois Divorces

In Illinois, child custody consists of two separate issues. The allocation of parental responsibility (sometimes called legal custody) addresses how parents will make decisions about raising their children. Parenting time (formerly known as visitation) consists of any time that children will spend with either parent, including overnight stays in a parent's home or shorter periods, such as weeknight visits. Parents who are working to resolve issues related to the custody of their children may be unsure about whether sole or joint custody will be appropriated and how these decisions may affect the time they will be able to spend with their children.

Your right to parenting time with your child is not contingent on the allocation of sole or joint parental responsibilities. As a fit parent, you are entitled by law to reasonable parenting time with your child, even if the other parent has been granted sole decision-making authority. To ensure that your parental rights will be protected as you address issues related to child custody and parenting time, it is essential to secure representation from an experienced attorney.

At Mirabella, Kincaid, Frederick & Mirabella, LLC, we realize that every family's situation is unique. While the law provides a guideline for divorced, separated, or unmarried parents, a one-size-fits-all approach is not realistic or appropriate. If you and your child's other parent cannot agree on a reasonable parenting time arrangement, the court will take into account your specific circumstances to determine a parenting time plan that best meets your child's needs.

Helping Parents Protect Their Rights in Illinois

When one parent is granted a vast majority of or all parental responsibilities regarding his or her child, the court will often provide a relatively standard amount of parenting time to the other parent. In many cases, a parent who does not have primary residential responsibilities will be granted parenting time on alternating weekends and one or two nights per week, in addition to extra time during extended school breaks or summer vacation.

This type of arrangement, however, is merely a starting point, and, for many parents, it may not be enough. Our experienced attorneys can help you show you are committed to providing your child with a happy, healthy home and that you deserve as much time with your child as possible. We can help you negotiate a parenting plan that will give you enough time with your child and ensure that you will continue to play a crucial role in their life going forward. In addition to making sure you will be able to spend time with your child on a regular basis, your parenting plan can also address other issues, such as who will be responsible for transportation, how you and the other parent will communicate, what rules may apply regarding discipline or other issues, and how disputes that may arise in the future will be resolved.

Contact Our DuPage County Parenting Time Lawyers

If you have questions about the allocation of parental responsibilities and parenting time, contact the offices of Mirabella, Kincaid, Frederick & Mirabella, LLC. Call 630-665-7300 to schedule a confidential consultation today. We are proud to serve individuals and families in Wheaton, Naperville, Oak Brook, Downers Grove, Glen Ellyn, and the rest of DuPage County, as well as Kane County, Kendall County, and throughout Northern Illinois.

Can I Get Maintenance or Child Support While My Divorce Is Pending?

Can I Get Maintenance or Child Support While My Divorce is Pending?

Temporary Orders Address Imminent Needs

During your divorce, you will likely experience many changes to your life. Depending on the unique circumstances of your case, you may need to move out of your home and find new living arrangements, you may need to determine how you and your spouse will share custody of your children, and you may need to determine how you will be able to cover your ongoing expenses. If you are concerned about your ability to support yourself, you may be wondering whether you can receive financial support from your spouse. This support can be essential, ensuring that you will be able to establish a life independent from your spouse while providing for your children's needs.

While your divorce is pending, you may be able to get maintenance (also known as spousal support or alimony) or child support by requesting what is known as temporary relief. If the judge in your case determines that it is necessary, a temporary order can be entered allowing you to receive maintenance payments and/or child support. Temporary orders can also address parental responsibilities (also known as child custody), parenting time (visitation)with your children, and other considerations.

In addition to being expensive and stressful, divorce can also be extremely time-consuming. The process can sometimes take weeks, months, or even longer to complete. Despite a pending divorce, however, your life cannot simply stop and wait for a resolution. You still need to make your mortgage payments, buy clothing and food, and adequately provide for your children. Meeting your obligations can be quite difficult when the outcome of your divorce is uncertain. If you are a stay-at-home parent, or if you have relied on your spouse's income to cover your family's expenses, you may be able to receive support payments to ensure that you will be able to avoid financial difficulties. At Mirabella, Kincaid, Frederick & Mirabella, LLC, our attorneys can help you understand your options, and we will advocate for solutions that will meet your needs.

Temporary Orders During the Divorce Process

Under Illinois law, either party in a divorce can file a motion for temporary relief. The court must consider your unique circumstances when making a decision, and it is important to remember that a temporary order may or may not become part of the final divorce judgment. Most often, temporary relief is ordered to provide financial security during the divorce process, usually in the form of maintenance or child support payments. Temporary orders, however, can also address issues related to the allocation of parental responsibility, parenting time, access to the marital home, and other concerns.

At Mirabella, Kincaid, Frederick & Mirabella, LLC, our experienced attorneys understand that, during a divorce, you may feel completely overwhelmed. With our skills and knowledge of the law, we can help you seek the temporary relief you need to provide the peace of mind you deserve. No matter how complex your divorce may seem, we can often simplify the process while securing a favorable outcome.

Contact Our DuPage County Divorce Attorneys

If you are going through a divorce and would like to know more about requesting temporary maintenance or child support, contact our office. Call 630-665-7300 for a confidential consultation today. Mirabella, Kincaid, Frederick & Mirabella, LLC is proud to serve clients throughout DuPage County, Kane County, Kendall County, and Will County.

If I Agree to Joint Parenting Time and it Does Not Work Out, Can I Try to Change It?

If I Agree to Joint Parenting Time and It Does Not Work Out, Can I Try to Change It?

Protecting Your Child's Best Interests

After completing your divorce or establishing child custody orders as an unmarried parent, you may find that the agreements made with your ex-partner are not working out as planned. Your children may be struggling to transition between your households, or you may have encountered conflict that has made it difficult to work together with your ex to address child-related issues. Other changes in your life may have occurred that have made the current arrangements unworkable. Fortunately, it is possible to seek a modification to your child custody order, and this may involve adjustments to parenting time schedules or changes to the ways you and your ex make decisions regarding your children.

Court orders relating to children are generally able to be modified, including those that govern parenting time. If your parenting time arrangement needs to be changed, and the other parent does not agree, you may need to show that the current arrangement presents a serious danger to the child.

Court orders related to parental responsibilities and parenting time are intended to provide stability for the children of divorced, separated, or unmarried parents. Constantly changing parental authority arrangements and visitation schedules can cause children a great deal of stress and confusion. With that in mind, the law in Illinois places limits on the modification of such orders.

Modifying a Parenting Time Order in Illinois

If your order was entered or modified less than two years ago, the court will generally not consider a modification to the allocation of responsibilities unless the child's safety is seriously threatened. Serious endangerment includes hazards to the child's physical, mental, moral, or emotional health. However, parenting time arrangements may be modified at any time without the requirement to demonstrate serious endangerment to the child. A court may grant a modification of parenting time if you can show that your family's circumstances have changed in a way that requires changes to the current arrangements.

When requesting a modification of your child custody order, you will need to show that the requested change will help you and the other parent better address your child's needs. All modifications are expected to be made with the child's best interests in mind. Depending on your family's unique circumstances, you may adjust parenting time schedules to accommodate your and your ex's work schedules, your children's schedules for school and activities, or other needs. If you are seeking more parenting time with your children, you will need to demonstrate why this would be in your children's best interests, which may include showing that you are able to provide them with a safe and healthy environment and that you can ensure that their ongoing medical, nutritional, educational, and developmental needs will be met.

Contact Our Wheaton Parenting Time Modification Attorneys

At Mirabella, Kincaid, Frederick & Mirabella, LLC, our experienced family law attorneys understand the importance of keeping parental responsibility and parenting time orders up to date. We are prepared to work with you in providing the best possible situation for your child, regardless of your relationship with the other parent.

To learn more about how we can help, contact our office. Call 630-665-7300 for a confidential consultation today. The team at Mirabella, Kincaid, Frederick & Mirabella, LLC is proud to serve individuals and families in Wheaton, Naperville, Oak Brook, Downers Grove, and the rest of DuPage County, as well as Kane County and Kendall County.