Recent Blog Posts
What Can I Do if I Found Out a Child is Not Mine After Establishing Paternity?
Becoming a father is one of the most impactful things that can happen to a man. Fatherhood allows a man to further his legacy, knowledge, and wisdom to future generations through a deeply meaningful relationship with a child, giving both the child and the father an opportunity to grow and learn. Some men are understandably concerned with ensuring that a child is truly theirs before investing so much time and effort into raising him or her.
It can be devastating to discover that a child you thought was yours actually belongs to someone else. When paternity is uncertain, or when you can prove you are not a child’s father, you may want to disestablish paternity and sever your legal obligations to the child. If you are in this situation and want to know more, read on.
What if I Am Married to the Child’s Mother?
When a couple is married and the wife gives birth, the husband is automatically assumed to be the child’s legal father, and disestablishing paternity can be a challenge. If a married father discovers through a DNA test that a child is not his own, he may be able to ask a judge to grant him disestablishment.
Do Mothers Automatically Get Full Custody in Illinois?
Not so long ago, divorce laws in virtually every state enshrined the belief that children really only needed their mothers after divorce. Too many fathers lost their ability to create and maintain crucial relationships with their children, and many of those children suffered because of the loss of their father in their lives.
Fortunately, things are a little different today. Illinois’ divorce laws now recognize the importance of both parents in a child’s life and the law gives preference to having both parents legally involved whenever it would be in the best interests of the child. This does not mean that fathers never have to aggressively advocate for their parenting rights, but the work it takes to protect a relationship with a child is well worth it. Here are some tips for fathers who are hoping to increase their chances of getting parenting time (visitation) and parental responsibilities (custody) in Illinois.
Four Possible Felony Charges for Burglary in Illinois
Although people frequently think of “burglars” as people who break into houses and steal things, Illinois considers any form of breaking and entering to be burglary whether or not anything was actually stolen. As long as the prosecution can determine that an alleged burglary intended to commit the crime of theft or another felony crime, breaking and entering is considered a felony.
Additionally, breaking and entering can take place in other buildings and facilities besides homes; public buildings like schools and government offices, storage sheds, RVs or other trailers, and even aircraft can be burgled. If you have been charged with burglary in Illinois, it is important to understand the law and hire an experienced criminal defense attorney.
What Is Burglary?
Under Illinois law, burglary charges can be filed against an alleged offender who knowingly, and without permission, entered the property of another person intending to steal something or to commit another felony crime. No locks have to be broken for the charge of burglary to apply. The seriousness of the charges and consequences will depend on what exactly happened during the burglary. These charges, and when they apply, include:
Four Signs Your Ex Might Be Trying to Alienate You From Your Child
The research on children who experience divorce is surprisingly clear. In nearly every measurable way, divorce has the potential to negatively affect a child's quality of life - both during the divorce and well into the future. However, not all divorces have lasting negative effects on children. Parents who put their children first and work hard to cooperate during divorce can give their children a supportive environment to process the stresses of divorce and set them up for future success.
Unfortunately, not all parents are committed to giving their children the best future possible. Many parents are more interested in getting revenge after the relationship is over, and sometimes this means using the children as weapons in a never-ending fight. One way this can manifest is through one parent’s efforts to alienate a child from their other parent. If you are afraid that your ex is trying to interfere with your ability to have a great relationship with your child, read on.
Four Reasons an Illinois Judge Might Award Sole Custody
Illinois family law has been updated over the years to reflect the fact that children get the most out of life when they can have warm, supportive relationships with both parents. When parents decide to get divorced, children usually divide their time between each parent’s household even if their parents find it difficult to cooperate or get along. However, in some circumstances, it is not in the child’s best interests to spend time with one of their parents. In this blog, we will look at how Illinois defines child custody and examine some situations where a parent may be given full custody.
Custody vs. Parental Responsibilities and Parenting Time
Illinois no longer uses the legal term “custody” and “visitation” when referring to the relationship with parents and children. Instead, the terms “parental responsibilities” (meaning major decision-making authority) and “parenting time” (time physically spent with the child) are used. When a parent has full custody in Illinois, that really means that they have total responsibility for the child. They make decisions about the child’s religion, education, healthcare, and daily activities. If a parent has visitation, that means they have parenting time where they are responsible for caring for the child’s needs within the parameters of the other parent’s decisions about education, etc.
Are My Child’s College Savings Divided in a Will County Divorce?
Divorcing couples frequently cite the marital property division process as one of the most difficult parts of getting divorced. Haggling over who owns what property is never easy, and it can be especially difficult if money has been set aside for a specific purpose. Many parents begin setting aside money for their child’s education in a 529 plan and getting a divorce can impact this money. If you find yourself worrying about how divorce could impact your child’s educational opportunities, read on.
What is a Marital Asset?
Anything that is considered a marital asset must be divided in a divorce. In Illinois, almost anything acquired during a marriage is considered a marital asset, including cash, property, vehicles, retirement accounts, stock options, and more. Even if the asset is owned by only one spouse, if it was acquired after the marriage began, it is almost certainly marital property.
Obtaining or Challenging a Restraining Order in Illinois
Orders of Protection, also known as restraining orders, are a powerful legal prohibition against an alleged abuser coming into contact with, or even coming within a certain distance of, an alleged victim. Although Orders of Protection are important and necessary in genuine situations of abuse, they can also be weaponized by people who are not acting in good faith. To learn more about Orders of Protection in Illinois, including when they can be implemented and removed, read on.
Types of Orders of Protection
Illinois law provides three basic types of Orders of Protection: Emergency Orders of Protection, Interim Orders of Protection, and Plenary Orders of Protection. It is important to understand what each order entails and when it can be used.
- Emergency Orders of Protection can be obtained right away, without obtaining testimony from the alleged abuser. They can last up to 21 days and can prohibit an abuser from coming into contact with the victim. Even if you believe that an Emergency Order of Protection has been wrongly filed against you, it is important to abide by its terms because violating Orders of Protection carries serious consequences. There will be time to contest a further Order of Protection in the future.
What Could Make a Prenuptial Agreement Unenforceable?
Prenuptial agreements can be great financial instruments for protecting the wishes and interests of a couple if they get divorced. Although nobody plans on getting divorced, the statistics on the success rate of marriages are clear, and more and more couples are electing to protect themselves with a premarital agreement. From ensuring a personal or family business remains intact to protecting one spouse from the other spouse’s student loans, a prenup is a highly customizable way to mitigate losses in a worst-case scenario.
In our last blog, we talked about the advantages and potential disadvantages of having a prenup. However, a prenup does not do anyone any good if it turns out to be unenforceable. Part of writing a strong premarital agreement is understanding its limitations, including when Illinois courts may declare all or part of an agreement invalid. Before you start writing your prenup, make sure you have the facts.
What Are Benefits and Drawbacks of Creating a Postnuptial Agreement?
Prenuptial agreements are growing in popularity as a great way for engaged couples to delineate their financial expectations in a relationship and stipulate what will happen with certain issues if they get divorced. However, not everyone wants a prenuptial agreement before they get married and cannot imagine a scenario in which they get divorced.
Fortunately, the state of Illinois allows married couples to create a postnuptial agreement after the excitement of the wedding wears off and spouses settle into real life. But postnuptial agreements are not only for couples facing challenges - they can give all couples comfort in knowing that if a divorce is down the road, but they can also settle certain issues quickly and easily, potentially saving themselves time, money, and heartache.
What is the Point of a Postnuptial Agreement?
Like a prenuptial agreement, postnuptial agreements are legal contracts wherein spouses agree ahead of time about what they will do regarding certain issues if they should get divorced. Specifically, postnuptial agreements often address the question of marital and individual property, determining how spouses will divide what they owned before getting married and what they have accumulated together. Spouses can also address the question of spousal maintenance (formerly known as alimony) and may even address what the financial contributions of each spouse towards retirement and savings funds will be during the marriage.
What Are the Advantages of Collaborative Divorce and Mediation?
Once you’ve made the decision to get divorced, you have to choose from a wide variety of options and strategies. Do you want to try to do it yourself in an uncontested divorce? Is it better to approach the situation cooperatively, or to try to aggressively pursue everything you are hoping for? Do you want to utilize a large team of professionals, or keep the process as small as possible?
While not every situation allows parties to cooperate, there are two great alternative dispute resolution strategies that are highly effective even when the dynamic between divorcing spouses seems impossible to navigate: Collaborative divorce and mediation. Whether either of these options is good for you can be a tough decision to make, but a qualified Illinois divorce attorney may be able to provide advice.
Collaborative Divorce
Collaborative divorce involves both spouses hiring their own attorney who is committed to working together with a team to create a divorce agreement. Because attorneys are required to work with each other, everybody shares the goal of solving issues and reducing conflict. Spouses can hire a team of divorce professionals that may include a child psychologist, a divorce coach, financial professionals, as well as anyone else who might be helpful. If the collaborative divorce process fails, the entire team is dissolved and the attorneys cannot represent spouses in the future.
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From our office in Joliet, Illinois we serve the communities of Plainfield, Lockport, Crest Hill, New Lenox, Mokena, Romeoville, Homer Glen, Bolingbrook, Naperville, Aurora and Will County.
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58 North Chicago Street, Suite 404, Joliet, IL 60432815-885-5980
