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Unfit Parent Claim Can Restrict VisitsIllinois law presumes that both parties in a divorce are fit parents, allowing them an equal right to the allocation of parental responsibilities. The parenting time and decision making may not be evenly split between the parents, but the divorce settlement will give reasonable responsibilities to each side. However, a court can limit or deny a parent’s responsibilities if it determines the parent is a threat to the child. Unfit parents may be required to use supervised visits in order to see their children.

Determining Unfitness

A parent can claim that the other parent is unfit during or after the divorce. Because of the presumption of fitness, a parent who believes his or her former spouse is a danger to their children must provide evidence to support the claim. A court needs documentation or reliable testimony that a parent may harm a child’s physical or mental health, such as:

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Summer Break Planning for Divorced FamiliesSummer break is just around the corner for children in school. While this is normally a happy family time, it can be a shock for children whose parents have recently divorced:

  • Spending more time at home may remind them that their family has broken up;
  • Family summer traditions may be changed or eliminated; and
  • Summer parenting time schedules can greatly vary from the regular schedule.

Parents entering the first summer after a divorce may need to change the normal summer routine to prevent their children from getting the summertime blues.

Dealing with Absence 

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Seven Tips for Discussing a Prenuptial Agreement With Your Future SpouseCreating a prenuptial agreement can be a pragmatic step for a marrying couple. Marriages can end prematurely, either due to divorce or sudden death. A prenuptial agreement allows spouses to determine:

  • How property and debt will be divided;
  • Whether one spouse needs to pay alimony; and
  • Other matters that are not related to children.

You may see the logic in suggesting a prenuptial agreement, but discussing it can be emotionally awkward. How do you talk to your future spouse about being prepared in case your marriage fails? There are tactful and sensitive ways to start the conversation.

  1. Pick the Right Time: Plan to first mention getting a prenuptial agreement when you know you will both be calm and capable of having a long discussion. If your fiancé is tired or in a bad mood, the discussion is more likely to devolve into an argument.
  2. Broach the Topic Gently: Do not start with a demanding statement, such as “I want to get a prenup.” Frame the topic as a practical conversation about the benefits of having an agreement.
  3. Be Honest: Explain the reasons you want to have a prenuptial agreement. If you are concerned about the financial disparity between you and your future spouse, be upfront about it. Your future spouse is less likely to agree if he or she is wondering about your motives.
  4. Be Reassuring: Let your fiancé know that you are not suggesting a prenuptial agreement because you expect to get divorced. Tell him or her that the agreement is a practical document, similar to a will, that can protect both of you.
  5. Engage in a Conversation: Encourage your fiancé to participate in the discussion with his or her thoughts, questions and concerns. You may have a speech planned about why you want a prenuptial agreement, but be willing to stop talking and listen to your fiancé. If your fiancé is not talking, you may need to be the one asking questions to keep him or her engaged.
  6. Keep Calm: Try not to let your emotions lead the conversation. If you become angry, you cannot effectively discuss the topic, and your fiancé may feel poisoned to the idea of getting a prenuptial agreement.
  7. Know When to Stop: Be prepared to have multiple conversations about getting a prenuptial agreement. If you think the discussion is becoming an argument, it may be best to pause and start the discussion again at a future date.

Getting a Prenup

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Becoming the Guardian of a Disabled AdultBeing an adult does not mean someone is capable of making his or her own decisions. Adults may be unable to care for themselves because of:

  • Mental illness;
  • Developmental disability; or
  • Dementia.

To help adults with disabilities, an Illinois court may appoint a guardian to oversee his or her protection, health and estate. However, a potential guardian must prove that the disabled adult is incapable of caring for him or herself.

Types of Guardianship

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Paternity When the Husband Is Not the Biological FatherWhen a child is conceived or born while a woman is married, Illinois law presumes that the husband is the legal father of the child. In some cases, the husband is not the biological father, possibly because of adultery or a relationship prior to the marriage. If you are the presumed father of a child that is not yours, you may want to free yourself of any financial obligation to the child. Getting divorced will not change presumed paternity, but there are legal processes to establish the biological father as the parent.

Denial of Paternity

If both you and your wife acknowledge that the child is not yours, you can sign a Denial of Paternity form within two years of the child’s birth. The form, which is filed with the Illinois Department of Healthcare and Family Services, states that:

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