Posted on September 17, 2021 in Child Custody / Allocation of Parental Responsibilities

Illinois courts and judges are very concerned with the well-being of children, and Illinois family law reflects that fact. Recent changes have been made to the law to encourage both parents to have an equal role in their relationship with their child whenever possible. As a result, it is rare for a court to decide to terminate a parent’s rights to see, care for, and have a relationship with their child.

However, termination of parental rights can happen when courts find it is in the best interest of the child. Termination happens when a parent is deemed unfit by the state and/or when another adult, such as a grandparent or stepparent, seeks to adopt a child.

When Is a Parent Considered Unfit?

The Illinois Department of Children and Family Services (DCFS) is the governmental division responsible for overseeing the wellbeing of children who have problems at home serious enough to require state intervention. There are three primary reasons that DCFS may consider a parent unfit for parental rights:

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 Posted on September 10, 2021 in Divorce

Handling inheritance is often a contentious issue for divorcing couples in Illinois. Although the events that allow for an inheritance to occur can be tragic, the truth is that inheritances often provide much-needed financial security. A couple may have counted on receiving an inheritance during periods of their relationship when they got along and were planning for the future.

But once a couple begins talking about divorce, they may be unsure how an inheritance is handled. Does it belong to one spouse or both spouses? What if the funds from the inheritance were placed in a joint bank account and spent on household expenses? In this article, we will address some common questions about how inheritances are handled in an Illinois divorce.

Marital Vs. Non-Marital Property

During the asset division process, all assets must be analyzed to determine whether they are marital or non-marital. This process can be quite complicated, but generally, assets that either spouse acquired during the marriage are considered part of the marital estate and will be subject to division.

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 Posted on August 24, 2021 in Divorce

For many couples, using mediation during their divorce saves them time, money, and stress. In traditional divorce court litigation, spouses must present their arguments to a judge and then rely on him or her to decide crucial things such as the allocation of parental responsibilities, parenting time, child support, and spousal support. In contrast, mediation allows spouses to directly negotiate the terms of their divorce agreement, resulting in an outcome that is far more likely to be mutually satisfying.

Although mediation has its advantages, it is not right for every couple. In this article, we will dispel some common myths about divorce mediation so readers can have a clearer picture of whether mediation is likely to be helpful. Keep in mind that this article is not meant to replace the valuable advice of an Illinois divorce attorney.

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 Posted on August 16, 2021 in Child Custody / Allocation of Parental Responsibilities

Two and a half years ago, Governor J.B. Pritzker signed a bill into law that changed the way marijuana is treated in Illinois. The Illinois Cannabis Regulation and Tax Act (ICRTA) decriminalized the use and possession of recreational marijuana and opened the door to private businesses selling it to citizens. Although marijuana remains illegal on the federal level, the ICRTA halted criminal punishment of marijuana users and even allowed Governor Pritzker to pardon thousands of previous marijuana convictions.

The ICRTA also included provisions that prevent marijuana use, by itself, to be considered as a factor when judges make decisions about the allocation of parental responsibilities and parenting time. No employee of an Illinois court - including child representatives like guardians ad litem - may discriminate against a parent based on the fact that they use marijuana. However, this does not mean that parents in Illinois can use marijuana however they please.

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 Posted on August 12, 2021 in Child Custody / Allocation of Parental Responsibilities

Married parents can claim their child as a dependent exemption on their joint tax return. After divorce, however, only one parent can claim a child as a dependent for tax purposes. Because the ability to claim dependent exemptions can make a major difference in a parent’s finances, being able to claim your child as an exemption is often as good as money itself. Understandably, the tax implications of divorce can be a topic of contention.

Include Child Tax Exemptions in Your Divorce Decree

In the midst of divorce negotiations, who gets to claim a child as a dependent exemption is often forgotten until after the divorce is finalized. This could be a costly mistake. Illinois no longer uses the terms “custodial parent” or “child custody,” but the IRS still does. The IRS sees the parent who spends the most time with the child as the custodial parent, and unless parents specify another arrangement, the IRS default is that the custodial parent gets to claim the child as a dependent on their taxes.

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 Posted on August 05, 2021 in Child Custody / Allocation of Parental Responsibilities

The end of the summer holidays can be bittersweet. Children are torn between sadness that school is starting again and excitement to see their friends; parents are sorry to be spending less time with their children, but relieved to get back on a regimented schedule. For parents who are recently divorced or separated, navigating the back-to-school experience can be hectic.

Deciding who will buy school supplies, who will provide after-school childcare, and who will monitor homework and attend parent-teacher conferences are all things to be considered. Each family’s situation is different, but there are some steps you can take that will make the transition easier for everyone.

• Do your best to cooperate with your ex – Former spouses often have hard feelings towards each other, but getting your child ready for school is a crucial time to put those differences aside and work as a team. Prioritize the things that really matter, and try to let the rest go. Using shared calendars and an email address that is exclusively for child-related communication can help you and your ex avoid hostile face-to-face conversations.

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 Posted on July 28, 2021 in Relocation

Whether due to a new job or wanting to be closer to friends or family members, divorced parents may want to move away for a number of reasons. For divorced parents, however, moving with kids may not be simple. They have to get permission from the court and the other parent to move out of state. If your child’s other parent wants to relocate and you disagree with the relocation, it is important to understand your rights and responsibilities. A skilled family law attorney can help you contest the relocation and assert your rights.

Factors Courts Consider Before Letting a Parent Relocate

Before a judge can approve a relocation with a child or Illinois, he or she has to first make sure that the move reflects the best interest of the child. Here are the different factors a judge considers before deciding to approve or deny a relocation request:

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 Posted on July 21, 2021 in Child Support

Illinois law requires both parents to financially contribute to their children’s needs, even if they are divorced. However, either parent may petition the court to amend the order if their circumstances have changed. If your financial or employment circumstances have recently changed or your child’s needs have changed, you may be able to ask the court for a child support modification.

When Parents Can Request Child Support Order Modification

Child support orders are eligible for a review and possible modification every three years. However, if you can prove to the court that you have had a drastic change in circumstances, you may be able to modify your order even sooner than that. Here are several situations that may make you eligible for a child support modification:

• The child’s needs have substantially changed. For instance, if your child has been diagnosed with a health condition that requires extensive treatment, you may ask the court to require the other parent to help pay for the costs associated with the treatment.

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 Posted on July 13, 2021 in Divorce

A divorce can become even more complicated and stressful if you and your spouse have a high net worth. If you are thinking about getting a divorce and you or your spouse own high-value or complex assets, it is critical to have a skilled Illinois divorce attorney on your side.

Different Ways a High Net Worth Makes Your Illinois Divorce More Difficult

If you and your spouse are wealthy, you can expect your divorce to have more complexities than a traditional divorce. Here are a few ways the process may be more complicated than a typical divorce.

• Divorce proceedings may last longer. If you and your spouse have more assets than the average married couple, it stands to reason that it will take more time to divide them.

• You may need to have assets valued. In high asset divorces, it is common to have complex assets that require expert appraisals to properly value. Retirement accounts, business interests, investments, art, antiques, collectibles, and cryptocurrency may be especially difficult to value.

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 Posted on July 06, 2021 in Parenting Time (Visitation)

If your ex has not been following the child custody order or parenting plan that is in place, you may feel angry and frustrated. You want the child custody arrangement to go as smoothly as possible, but your ex refuses to cooperate. Although this is indeed a difficult situation, you can take steps to rectify it.

Common Examples of Child Custody Violations

Sometimes parents refuse to abide by a child custody order. This can make a difficult situation even more trying. Here are a few common examples of child custody violations:

• Refusing visitation time to the other parent

• Taking children out of the state without permission

• Failing to attend required counseling sessions

• Not telling the other parent about the children’s whereabouts

• Keeping your children for a longer visit than what the child custody order allows

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