Posted on December 28, 2015 in Child Custody

As our society progresses, our laws need to change to reflect these changes. Decades ago, Illinois' divorce and child custody laws included a provision known as the tender years doctrine, which awarded custody of young children primarily to their mothers on the basis that a mother could care for a young child better than a father could. This was done away with as gender roles changed and the court recognized that fathers can be as capable of caring for their children as mothers. Similar changes are coming to the Illinois Marriage and Dissolution of Marriage Act come January 1st, 2016 through Senate Bill 57.

These changes include many new developments to Illinois' child custody laws. In fact, one of these changes is the deletion of the term “custody.” To learn more about the changes that are coming and what they could mean for you and your family law case, contact an experienced Illinois family attorney for guidance.

New Terms Replace Old Terms

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 Posted on December 23, 2015 in Child Custody

In Illinois, reports of child abuse and neglect are handled by the Illinois Department of Children and Family Services (DCFS). Allegations of child abuse and neglect are taken very seriously. All calls to the department are screened by trained social workers who can determine the correct action to take – not all calls warrant full in-home investigations. But when a report is made about an individual or family, that call is recorded and can haunt the parent in future interactions with the court and his or her former partner.

If you have had to interact with DCFS in any way, whether you were the subject of a report or you have had to report your former partner, tell your attorney. This will have an impact on your child custody or visitation order and your attorney will be able to determine the steps you need to make to ensure that that impact is a productive, healthy one.

Your Custody Order Could be Changed

If DCFS finds that your child is in danger in your household, it could recommend that the court modify your custody or visitation agreement. This might mean changing your visitation agreement so all visits happen in your child's custodial parent's home or, in the most egregious cases of abuse or neglect, cease contact between you and your child.

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 Posted on December 21, 2015 in Domestic Violence

As a parent, one of your greatest goals in life is to keep your child safe. Family attorneys and the Illinois Department of Children & Family Services (DCFS) share this goal. Sometimes, keeping a child safe requires DCFS to remove a child from his or her parent's home or create a set of rules that the parent must follow to prevent the child from being harmed by his or her parent or any other individual present in that parent's home.

You might be asked to work with DCFS to create a safety plan for your child. Do not panic or become combative with the party asking you to agree to this plan – it is not an indictment against you as a parent, but a way DCFS can work to protect your child from a potentially-harmful situation. Work with your attorney and DCFS to create a safety plan that works for your child and you.

What Is a Safety Plan?

A safety plan is a set of actions that a child is to take if he or she feels he or she is in danger of harm. If DCFS determines during its investigation that a child cannot successfully carry out the actions of a safety plan, it might opt to remove the child from a household altogether. Examples of provisions that may be included in a safety plan include:

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 Posted on December 16, 2015 in Divorce

In the United States, every individual has the right to work with an attorney. For those who can not afford attorney fees, low-cost and even pro bono attorneys are available to represent their rights and interests in court. Despite the availability of low and no-cost divorce attorneys, some individuals still choose to represent themselves in court. These individuals are known as "pro se" litigants. Although you are certainly within your right to go to court as a pro se litigant, it is not in your best interest to do so. An experienced divorce attorney can explain all of your rights, your legal obligations, and the court processes that you will have to work through to you. Work with a divorce attorney to make the divorce process as smooth as possible.

You Do Not Know What to Say or How to Say It

Obviously, you need to tell the truth when you are under oath. You are under oath in all court hearings, depositions, and documents filed with the court. But when you are under oath, the statements that you make can sometimes be used against you. Your attorney can coach you about the difficult questions you might face and how to answer them without incriminating or misrepresenting yourself.

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 Posted on December 14, 2015 in Child Custody

Many individuals who work or interact with children are mandated reporters. This means that as part of their positions, they are required to report any suspicions of child abuse or neglect to the Illinois Department of Children & Family Services (DCFS). These individuals are held to this responsibility by the Abused and Neglected Child Reporting Act. Having DCFS investigate a report of suspected child abuse or neglect involving you can be at best, embarrassing and frustrating. At worst, it can be used to permanently alter you child custody or visitation order. Preserve your relationship with your child by having your case fairly represented in court by an experienced family attorney.

Mandated Reporters Include the Following:

Most individuals who work in health care, social work, education, and law enforcement are mandated reporters under Illinois law. The list of positions that require individuals to report cases of suspected child neglect and abuse included in the law is fairly exhaustive and includes, but is not limited to, the following positions:

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 Posted on December 09, 2015 in Child Custody

The prospect of a teenage son or daughter becoming a parent raises questions for an entire family. Where will the baby live? How will the baby's parents support him or her? And for many, who makes important financial, medical, and lifestyle decisions on the infant's behalf when his or her parents are minors themselves? Child custody decisions, whether they are in regard to your child or your grandchild, can be complicated.

Even Teen Parents Have Full Parental Rights for Their Children Unless These Rights Are Terminated by the Court

Even if your child is under the age of 18 and unable to make legal decisions for him- or herself, he or she has full parental rights to his or her child. These rights include the right to consent to medical care throughout the pregnancy and birth, the right to make medical decisions for the baby after it is born.

If the baby's parents do not live together, either may go to the court to seek a custody arrangement. Like all other custody arrangements, the court determines the best place for the baby to live according to multiple factors, such as:

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 Posted on December 07, 2015 in High Asset Divorce

When a divorcing couple has a high net worth, their divorce may be considered to be a high asset divorce. Couples going through high asset divorces can sometimes face issues that other couples do not face because of their wealth. For example, a couple who owns multiple pieces of real estate has much more to consider than a couple that rents a house or apartment. Other issues, like dividing stock portfolios and savings accounts, can also be more difficult to divide at higher values.

If you are part of a high net worth couple, work with an attorney who has experience handling high asset divorces. Because high asset divorces can involve certain unique considerations, it is important to work with an attorney who understands these considerations and can work with you to address them properly.

Handling Your Business Division

Many high asset divorces involve business ownership. If you, your spouse, or the two of you own a small business, the business needs to be properly valued in order to be divided among you and your spouse. This can be done through a number of methods, depending on your plans for the business after your divorce and whether there are other owners involved in the company as well.

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 Posted on November 27, 2015 in Family Law

Contempt of court refers to any instance where a court order is not obeyed. When the court makes a ruling, it is legally binding. Even if you do not agree with a court ruling, you are required to abide by it unless and until you can have it modified or overturned. When a ruling has to do with a family or divorce issue, this is something that you need to work with an experienced family attorney to reverse.

Do not, under any circumstance, deliberately disobey a court order. This can result in civil or even criminal penalties for you. When a court order is made regarding your children, such as an order for child support or a child custody schedule, acting in contempt of court can have a negative impact on your future interactions with the court. This means that if you do choose to seek a child support or custody modification later, having an instance of contempt of court on your record can actively work against you and prevent you from having your request fulfilled.

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 Posted on November 24, 2015 in Property Division

If you are a business owner, you will not necessarily lose your business in your divorce. But you will most likely be required to divide the business' interests with your spouse or buy out his or her interest in the company. What will happen to your small business in your divorce depends on a number of factors, including your future plans for the business and the extent to which both you and your spouse are invested in its daily operation. When you are going through a divorce, it is important that you work with an attorney who knows how to handle the division of a small business between divorcing spouses.

Businesses That Are Developed during a Marriage Are Marital Property

Just like your home and joint bank accounts, a business is considered to be a marital asset and thus subject to Illinois' laws of equitable distribution. If you built your business before entering your marriage, it is not necessarily protected from being divided between you and your spouse in your divorce. This is because your business likely comprised a significant portion of your income, possibly even all of it. Your spouse might also have helped it grow in some way after your marriage. The only exception to the equitable distribution rule is if you have a prenuptial agreement in place that states that your spouse is not entitled to any portion of your business in a divorce.

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 Posted on November 20, 2015 in Annulments

When one or both spouses want to end their marriage, they can seek a divorce. Legally, a divorce is a legal declaration that a valid marriage is over. A common misconception is that an annulment is a quicker or easier way to get divorced. In reality, an annulment is a legal order stating a marriage is not valid. In other words, it is a legal order that a legal marriage never actually existed. State law sets out very specific requirements for annulments, which can make it difficult to pursue. However, an annulment may be appropriate in some cases, and could benefit you if applicable.

Requirements for Annulment

Formally known as a declaration of invalidity, a legal order of annulment is rarely granted because of the strict legal limitations. Illinois law states that an annulment can be granted for one of the following reasons:

• One party could not consent to be married (due to fraud, impairment, mental disorder, or force);

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