Posted on January 01, 2016 in Divorce

Struggling with a mental illness can be a very emotional thing to cope with. What can be even more challenging, however, is when you are going through a divorce or separation and have questions about how your mental health may affect your right to custody of your child. If you are facing a child custody hearing in Illinois, here is a look into how your mental health may play a role, and why you need an attorney on your side who will advocate for your rights.

What Factors a Judge Considers When Making a Child Custody Determination

Per Illinois Compiled Statutes – Illinois Marriage and Dissolution Action, Section 602, a judge must make a custody determination that is within the best interests of the child. Further, a judge must consider all relevant factors, including:

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 Posted on January 01, 2016 in Divorce

All divorcing couples face their own set of issues, problems, and hiccups during the divorce process. Further, what is important to one couple in a divorce may be completely different than what is important to another, especially when the couples’ ages, financial statuses, home ownerships, or parenthood is taken into account. For those who are pursuing a grey divorce, many of the issues that other couples face are not relevant. The following considers some of the unique complications and issues of grey divorces, such as division or property and spousal maintenance, in Illinois, including the areas of Wheaton, Naperville, and Downers Grove:

What is Grey Divorce?

Grey divorce refers to the separation of couples who are age 50 or older, and is becoming a more common occurrence in the United States. In fact, an article in NPR News reports that Americans over age 50 are now twice as likely to get divorced today as they were 50 years ago. After spending so many years together—for some couples, more than half their lifetime—a grey divorce can be painful and emotional, even when it is the right thing to do.

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 Posted on December 01, 2015 in Divorce

Years ago, you and your spouse divorced. At the time of the divorce, you were ordered by the court to make a modest monthly child support payment to help to pay for your child’s clothing, food, housing, and extracurricular activities, to which you happily agreed. Now, your child is about to graduate from high school, and has hopes of attending college (which you could not be more thrilled about). But while you may think that the approaching date of your child’s 18th birthday may also be the day when your child support payments are terminated, think again; you may be ordered to pay for your child’s college expenses.

End of Child Support Duties

In the vast majority of cases, a child support duty ends when the child turns the age of 18, or is emancipated by the court at an earlier date. The latter can occur in the event that the child gets married, joins the military, or no longer requires parental support for another reason. In some cases, a child support order may extend beyond the age of 18, such as situations in which the child:

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 Posted on December 01, 2015 in Divorce

Rates of infidelity in the U.S. are hard to pinpoint – many respondents are not entirely upfront about whether or not they have committed adultery. That being said, most estimates set the rate of infidelity somewhere around 10 percent; 12 percent of men, and seven percent of married women say that they have had sex with someone outside of their marriage in a given year.

Adultery is illegal in the state of Illinois, although criminal penalties are rarely, if ever, enforced. However, for those who have committed adultery, or for the married partners of those that have, there is a pressing legal question that should be considered: how does infidelity affect divorce in Illinois?

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 Posted on December 01, 2015 in Divorce

In a same-sex relationship where the couple is married and has a child, both biological parents are automatically granted parental rights and custody over that child. This allows both parents to make decision about the child, and protects both parents in the event of a divorce; both parents may have the right to child custody or visitation with that child, and both may also be obligated to pay child support.

However, in a same-sex relationship, parental custody can be much more complicated. In the event that only one person in the relationship is the biological parent of the child, the other parent may have no legal rights over the child. If this is the case, second-parent adoption can give the second parent the same legal rights as the biological parent.

What Is Second-Parent Adoption?

Second-parent adoption is known by many names, including co-parent adoption and same-sex adoption. All three terms refer to the same thing: the rights of a second parent to legally adopt a child without the first parent losing any parental rights. Second-parent adoptions most commonly take place in the event that one partner in same-sex relationship gives birth to a child. Even you are married or in a civil union at the time of your child’s birth, if you are not the biological parent, you should seek a parental judgment from a court to validate your parental rights.

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 Posted on December 01, 2015 in Divorce

Many people believe that if they are a victim of violence that is committed by a family member, they have no legal recourse. However, this is not true. While taking legal action against a family member can be emotionally trying, it may be the best thing you can do to protect yourself and other within your home. A family law attorney can help you to understand what to do when you are a victim of domestic violence, including filing an order of protection.

What Constitutes Family Violence?

Family violence, officially referred to as domestic violence under Illinois code, refers to any acts of: hitting, choking, kicking, threatening, harassing, or otherwise interfering with the personal liberties of a family or household member, according to the Illinois Attorney General. This can include family members who are blood relatives, married couples, children, persons who have child in common, or others who share a home or living area.

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 Posted on November 01, 2015 in Divorce

For those who are seeking a divorce in Wheaton or another area in the state of Illinois, the first thing that you must do is to file a petition for dissolution of marriage. Following this, you will need to serve your summons to your spouse, informing him or her of your petition for dissolution of marriage. However, in the event that your spouse cannot be located—and therefore cannot be served—divorce by publication may be necessary. For assistance in executing a divorce by publication, consult with a Wheaton divorce attorney as soon as possible.

What Is a Divorce By Publication?

A divorce by publication is a very unique way of serving—or making known your request to divorce—your spouse. Also referred to as service by publication, a divorce by publication is when the spouse seeking the divorce publishes his or her notice of the pending action in the local newspaper. The publication of the notice of the pending action must also include:

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 Posted on November 01, 2015 in Divorce

Parental alienation is an unfortunate, yet not uncommon, occurrence during a divorce where a separating couple has one or more children. The following considers what parental alienation is, how it can affect your child, your rights to custody, and how to avoid it. If you are separating, divorcing, or have questions about child custody or visitation rights in Illinois, an experienced family law attorney can provide more insight.

What Is Parental Alienation?

Parental alienation occurs when one parent—either intentionally or unintentionally—affects the psyche of a his or her child(ren) to the effect that the child(ren) emotionally rejects the other parent. Typically, parental alienation occurs when one parent continuously disparages the other parent to the extent that the relationship between the other parent and the child is severely affected and impaired.

The Effects of Parental Alienation on a Child

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 Posted on November 01, 2015 in Divorce

In the event that a person fathers a child with another person to whom he is not married, or separates or divorces from that person, the father may have questions about his rights regarding the child. For more clarity on fathers’ rights and paternity in Naperville, Illinois and surrounding areas, reach out to a skilled family law and fathers’ rights attorney.

How to Establish Paternity

In order to have any parental rights over a child as a father, paternity must be established. In the event that a couple is married at the time of the child’s birth, the paternity of the male in the marriage is implied. A voluntary acknowledgement of paternity may also be entered into in the event that the child’s parents are not married, but both acknowledge the male as being the child’s biological father and if there is no other man listed on the child’s birth certificate.

In the event that the biological father is not married to the child’s biological mother or is not available to sign a voluntary acknowledgment of paternity form, then paternity must be court-ordered. In order to submit a request for court-ordered paternity, the requesting father will likely have to schedule genetic testing in order to prove a biological relationship to the child.

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 Posted on November 01, 2015 in Divorce

In the event of a divorce, separation, or other extenuating circumstances that involve a child, with whom the child will reside is often a pressing question. And while each of the child’s parents has the right to petition for custody and visitation, in some cases, neither parent is fit. As such, the question remains: who else can seek – and be granted – the custody of a child in Downers Grove, Illinois and surrounding areas? What about visitation rights? To help you answer this question, be sure to consult with a child custody lawyer before taking legal action on your own.

A Look Into Child Custody

If either parent is available and physically, mentally, and psychologically fit to have custody of the child in question, then a person other than a parent cannot be granted custody of the child. In the event that the court deems the parents to be unfit, the parents of the child cannot be found, or the parents are residing in jail (or a combination of the above), a grandparent can petition for, and may be granted, custody. However, because granting custody to an individual is a permanent decision, custody is unlikely to be given to a grandparent except for in extenuating circumstances, such as a child’s parents’ death. Guardianship, on the other hand, is more common.

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