Posted on May 07, 2021 in Family Law

The relationship between grandparents and their grandchildren is very special. Unfortunately, divorce, family arguments, and other circumstances can sometimes get in the way of this relationship. If you have grandchildren, you may be curious about your legal right to see them. You may ask, “Can my child prevent me from seeing my grandchildren?” or “Can I get visitation rights?” In Illinois, grandparents may petition the court for court-ordered visitation in some circumstances.

When Are Grandparents Awarded Visitation?

The law presumes that it is in a child’s best interests to have each of his parents involved in his life. Consequently, parents have a right to visitation, technically called “parenting time,” unless there is a good reason to restrict a parent’s parenting time. The same presumption does not exist for grandparents. However, grandparents can petition the court for visitation under certain circumstances. Illinois courts only grant grandparent visitation if at least one of the following is true:

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 Posted on April 09, 2021 in Child Custody

In Illinois, child custody is now referred to as the allocation of parental responsibilities and parenting time. Parental responsibilities include decisions about the child’s education, healthcare, and other major issues. Parenting time, which used to be called “visitation,” is the time a parent spends with his or her child. Divorced, separated, and unmarried parents in Illinois describe how they intend to divide parenting time and parental responsibilities in their “parenting plan.” Family law mediation or child custody mediation is a means of reaching an agreement about the terms of the parenting plan with help from a mediator.

Mediation Can Help You Reach an Agreement About Your Parenting Plan

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 Posted on March 30, 2021 in Family Law

For high school seniors, the beginning of spring means that graduation is just around the corner. Many high schoolers are already preparing for college next fall. If you are a parent of a school-aged child, you may have concerns about how you will finance your child’s college education. You may have questions such as, “Am I required to pay child support after my child turns 18?” or “Which parent pays for university costs?”

Paying for College as a Divorced or Unmarried Parent

If you are a divorced or unmarried parent in Illinois, it is important to know the law regarding college-related costs. Many parents assume that their child support obligation ends once their child turns 18 and graduates high school. This is generally the case. However, parents may be required to contribute to their child’s post-secondary education. Unlike typical child support, there is not a statutory formula for calculating the amount that a parent must contribute to post-secondary expenses. However, there is a cap on the amount that a parent may be required to contribute to college costs. Parents cannot be required to pay more than what it would cost for their child to attend the University of Illinois at Urbana Champaign.

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 Posted on March 15, 2021 in Divorce

Ending a marriage is not as simple as signing on the dotted line and walking away. Most divorcing couples will need to resolve certain issues before they can finalize the divorce. The division of marital property and debt is often an especially complicated and tense aspect of a divorce. If you are a parent, you and your spouse will need to determine how to divide parenting responsibilities and parenting time. You and your spouse may also disagree about child support and/or spousal support. One way you may be able to reach an agreement about these issues is through family law mediation.

Mediation Is an Alternative to Divorce Litigation 

If you and your spouse cannot reach an agreement about the terms of your divorce, the court will be forced to determine the unresolved issues for you. This not only takes away your control over the outcome of your divorce but going through divorce litigation is often a very stressful process. Mediation is an alternative dispute resolution method that aims to resolve divorce issues outside of court. During mediation, the spouses work with a skilled mediator to discuss the unresolved issues, explore possible solutions, and find common ground.

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 Posted on February 18, 2021 in Family Law

Surrogacy can allow an individual or couple to fulfill their dreams of becoming a parent. However, surrogacy is also a complicated process – legally, emotionally, and financially. If you want to use a surrogate to have a child, it is essential that you learn about surrogacy laws in Illinois and work with an experienced family law attorney. Your lawyer can protect your rights and the rights of your unborn child, draft a comprehensive surrogacy contract, and ensure that your surrogacy plan meets the requirements set forth by Illinois law.

Understanding the Illinois Gestational Surrogacy Act

The Illinois Gestational Surrogacy Act (IGSA) establishes the requirements for a valid gestational surrogacy contract. If parents follow these requirements, the parents will be automatically named on the child’s birth certificate and will not need to take additional legal action to gain parental rights for their new baby. In a gestational surrogacy, the surrogate is not biologically related to the child. The egg and sperm are combined using in vitro fertilization and then the embryo is implanted in the surrogate’s uterus. The IGSA sets forth many requirements, including:

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 Posted on February 05, 2021 in Family Law

Domestic violence affects the lives of millions of individuals in Illinois and across the country. If you, your child, or a disabled adult who you know have been abused or harassed, you may be interested in getting an order of protection. Called restraining orders in other states, an Illinois order of protection is a legal court order that prohibits someone from further harassment and abuse. It may require the abuser, called the respondent, from coming to your home, workplace, or school or contacting you. It may even require the respondent to move out of your shared home or surrender any firearms he or she owns.

Emergency Orders of Protection May Be Granted Based on Your Testimony

In Illinois, there are three main types of protection orders: emergency orders of protection, interim orders of protection, and plenary orders of protection. Emergency orders of protection (EOP) are often issued on the same day that they are requested. In most legal actions, the respondent must be served with notice of the action. However, an EOP may be granted “per se,” which means that the respondent is not present or notified of the court order. The EOP may be granted on your testimony alone.

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 Posted on January 14, 2021 in Divorce

If you are a parent who is considering divorce or you are unmarried and about to become a parent, you probably have questions about child custody. In Illinois, child custody has been replaced by the more modern terms “parental responsibilities” and “parenting time.” Parental responsibilities refer to a parent’s authority to make major decisions about the child’s life such as where the child will attend school. Parenting time, formerly “visitation,” is the actual time that a parent spends caring for his or her child. Parents are asked to outline the allocation of parental responsibilities and parenting time in their “parenting plan.” Parents who cannot agree on parenting plan issues have several options.

Working Out an Agreement with Help from a Family Law Attorney

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 Posted on January 08, 2021 in Divorce

Drug and alcohol addiction is a huge concern throughout the United States, including in Illinois. Substance abuse problems such as alcoholism and opiate addiction have destroyed thousands of families. Other addictions such as gambling or shopping addictions can also have a devastating effect on a marriage or family. If you are thinking about legally ending your marriage, and your spouse suffers from an addiction, you may be worried about how your spouse’s addiction may affect your Illinois divorce.

Put Your Health and Well-Being First

If you are like many people who are married to a drug addict, alcoholic, or another type of addict, you have probably spent a great deal of time trying to help your spouse. You may have talked to your spouse about getting rehabilitative treatment, attending support groups, or going to counseling for his or her addiction. You likely spent months or years trying to help your spouse beat the addiction. Once you decide to end the marriage, you may need to learn to put yourself first. Divorcing someone with an addiction will likely be an emotionally exhausting experience involving a fair number of legal complications. That is why it is very important to make your mental health and well-being a priority during this difficult time.

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 Posted on December 18, 2020 in Divorce

If you are engaged to be married, you may be interested in learning about prenuptial agreements. Although they are often the subject of misconceptions and misunderstandings, prenuptial agreements are valuable legal tools that can serve a variety of purposes. A prenuptial agreement or “prenup” is a legal contract that describes spouses’ property rights and responsibilities. Signing a prenup means entering into a legally binding contract so it is important to educate yourself about the advantages and disadvantages of prenuptial agreements before agreeing to one. 

How Can a Prenuptial Agreement Benefit Me?

Prenuptial agreements are often associated with celebrity weddings or last-minute marriages. People may even assume that a prenuptial agreement is only necessary if a couple believes that the marriage will fail. However, more and more people are starting to realize that these myths are untrue and that prenuptial agreements can benefit them in many ways. Prenuptial agreements are becoming especially popular among the millennial generation.

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 Posted on November 13, 2020 in Divorce

If you are a parent who is recently separated or is planning to divorce, you probably have concerns about the upcoming holiday season. You may be especially concerned about how your children will deal with the holidays. Between COVID-19 concerns, remote learning at school, and your divorce, you may feel overwhelmed and unsure of how to make the best of the situation. Fortunately, there is a good deal of research about how to alleviate the stress caused by divorce and the holidays.

Make Detailed Holiday Co-Parenting Plans

Divorcing parents in Illinois must submit a “parenting plan” that describes how parental responsibilities and parenting time will be allocated to each parent. If the parents cannot agree on a parenting plan, the court may determine a suitable plan for them. If you have not yet filed for divorce, you may not have any formal parenting plans in place. In order to reduce the chances of conflict and confusion during the holidays, make a plan with your spouse ahead of time about how you will share custody. Include the days and times that the children will stay with each parent, how the children will be transported between homes, and other relevant information.

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