Posted on September 16, 2015 in Child Custody

If the court determines that shared custody between you and your former spouse is not in your child's best interest, it might opt to give the parent that did not get custody visitation rights. But these rights might come with certain restrictions. This is known as supervised visitation.

Why Would I Be Granted Supervised Visitation?

You can be given supervised visitation with your child for a variety of reasons. A few examples of these reasons include:

• Your criminal record or that of a household member;
• Current or past drug addiction;
• A history of neglect;
• A history of domestic violence from you or another member of your household; or
• A record of dangerous behavior, such as drunk driving.

If you are granted supervised visitation with your child and you want to change your custody order to allow for unsupervised visitation or even shared custody, you need to eliminate the dangerous elements in your household to prove to the court that you can be trusted with your child and that an unrestricted relationship with you is in his or her best interest. You can petition to the court regarding your changed circumstances once your custody order has been in place for at least two years.

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 Posted on September 11, 2015 in Children and Divorce

A divorce can be difficult for every member of the family. Even the most amicable divorce is a significant lifestyle change for parents and children. For many children whose parents are currently divorcing or have recently divorced, psychological counseling is a productive way to identify and express their feelings about the divorce in a safe, nurturing setting.

Most children show signs of anxiety, behavioral problems, or depression during their parents' divorce and after. Approximately one third of children continue to show these signs five years after their parents' divorces. If your child exhibits these behaviors, understand that they are normal. Children process lifestyle changes like a divorce differently than adults do, and a child's age and maturity level play significant roles in how he or she handles a divorce. Your child might become moody and withdrawn, refusing to discuss his or her feelings or become irritable and explosive. It is your job as a parent to remain emotionally available for him or her regardless of your own feelings about the divorce.

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 Posted on September 09, 2015 in Property Division

A qualified domestic relations order (QDRO) is a legal order that allows an individual to receive money from a retirement account that he or she does not own. This order allows the court to alter a retirement plan's ownership to allow this transfer of money during or after a divorce. When an additional party becomes named as an owner of a retirement plan through a QDRO, he or she becomes known as an alternate payee.

The court may order that a couple sign a QDRO as part of their divorce. This document is a key part of the division of the couple's property – retirement accounts are generally considered to be marital property. Signing a QDRO is a way for the court to guarantee that the spouse whose name is not listed on the retirement account can receive a fair share of the money contained within the account. It can also be used to ensure that the owner's child can benefit from the money contained within the account through child support payments or property transfers.

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 Posted on August 26, 2015 in Alimony / Maintenance

You can expect to receive a fair share of your property according to Illinois' equitable distribution law. Equitable distribution does not mean equal distribution – basically, you will not automatically receive 50 percent of your marital property from your divorce. Instead, the court will examine your financial and personal needs as well as your partner's to determine a fair, appropriate way to allocate your marital property.

Many stay at home parents find themselves feeling anxious and overwhelmed at the prospect of divorcing their spouses. When you chose to leave the workforce to devote yourself to your family and household full-time, you most likely did so with the assumption that your spouse's salary would cover all of your family's financial needs until your children reach school age or adolescence, or possibly for the rest of your lives. But relationships change and marriages end. Do not assume that you cannot live independently after your divorce.

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 Posted on August 26, 2015 in Children and Divorce

For many families, the question of the children's religious upbringing can be a contentious topic. Parents of different faiths, and sometimes even parents of the same faith, can find themselves in conflict over the religion in which to raise their children and the extent of the role that religion plays in their lives. After a divorce, you need to be able to work with your former spouse to raise your child. This will require you to communicate and be willing to compromise with each other on certain issues. One of these issues might be your child's religious upbringing.

Who Gets to Determine Your Child's Religious Upbringing?

Under the Illinois Marriage and Dissolution of Marriage Act, the custodial parent has the right to choose the child's religion and related training, such as parochial school, cultural traditions, church attendance, and after-school religious activities. Unless there is a significant reason why the custodial parent's religion is not in the child's best interest, the court will support the custodial parent's decisions regarding his or her child's religious upbringing.

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 Posted on August 26, 2015 in Domestic Violence

If your child is not currently in your care, call 911 and report the abuse allegation to police right away. If your child is currently in your care, bring him or her to the hospital for an examination by a doctor. A doctor can note the signs of physical or sexual abuse. Determining if emotional or psychological abuse has occurred can be more difficult, but this type of abuse is as damaging to a child as physical or sexual harm.

Keeping your child beyond your allotted parenting time with him or her because you suspect he or she is being abused in your former partner's home is one of the only ways you can legally violate your custody or visitation schedule. If you need to do this, contact your attorney to record the date, time, and reason why you did not allow your former partner to spend time with your child. If your former partner takes legal action against you, you will need this record to prove that you did not violate your child custody agreement without a valid reason.

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 Posted on August 26, 2015 in Children and Divorce

Summer is in its final stages and for students and their parents across Illinois, it is time to start thinking about the upcoming academic year. For some families, this is a return to the same old routine. For others, this year marks the beginning of a new stage in the student's school career such as kindergarten, high school, or college.

For students of divorced parents, adjusting to a new school year can have additional concerns. Going back to school means a new schedule and new responsibilities for you and your former partner. Prepare for these new responsibilities with your former spouse by discussing it with him or her before the end of the summer. Set some ground rules and expectations for your child during the school year and be consistent with them. Co-parenting your child is a team effort. Take the following tips into consideration as you prepare for your child to go back to school this fall.

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 Posted on August 21, 2015 in Child Custody

When the court determines that a joint custody arrangement for a couple's child is not in the child's best interest, it usually gives the noncustodial parent visitation rights with the child. Numerous studies have shown that children do best when they have consistent relationships with both of their parents, and in Illinois, family courts do their best to promote these relationships.

Sometimes, it is in the child's best interest to not have a relationship with his or her noncustodial parent. This is usually because there is a dangerous element present in that parent's home, such as open drug use or a household member with a history of domestic violence or abuse toward children. In cases like this, the court might attempt to facilitate a relationship between the parent and child through supervised visitation.

If a noncustodial parent violates his or her visitation order, he or she may face fines and other criminal penalties from the court. In cases where abuse or criminal activity occurs, that parent might lose his or her visitation rights with the child. Every case is unique. As a parent, it is important that you comply with all court orders regarding child custody and visitation. If you feel an order is unfair, work with your attorney to have the order modified through a court motion. Do not, under any circumstances, intentionally violate your custody or visitation order except for in extreme cases where you feel your child's safety is at stake. In a case like this, be prepared to defend your decision to violate the court order.

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 Posted on August 14, 2015 in Divorce

It is rare that a couple can get divorced with no involvement from outside professionals. When you get divorced, you are dismantling a relationship that often includes significant amounts of money, property, and considerations for the couple and their children's future. Dividing your property and determining the best way to move forward with issues such as child custody, child support, and spousal maintenance generally requires neutral guidance from individuals who specialize in these areas.

When you file for divorce, understand that you will be working with a group of diverse professionals over the next few months to complete the process. This group includes your attorney, who will represent your interests throughout the process and guide you through each step. The circumstances present in your divorce will determine the necessity of other outside help.

A Property Appraiser

Dividing your marital property is an important part of your divorce. To divide it fairly, the court will need an accurate dollar amount for your shared property, which can include your home, other pieces of real estate, your shared vehicles, your accounts, and if you or your spouse own a business, each partner's share in the company.

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 Posted on August 12, 2015 in Prenuptial & Postnuptial Agreements

Many people are under the impression that prenuptial agreements are only for celebrities or those who are entering their second and subsequent marriages. The truth is, a prenuptial agreement is an important document for any engaged couple to sign. A prenuptial agreement states the intended ownership of each of the couple's assets as well as the couple's financial decisions, such as whether or not they open a shared savings account or whether either partner may be held responsible for the other's college debt.

Drafting and signing a prenuptial agreement is easy. You and your partner determine the items you would like to include in your prenuptial agreement, then work with an attorney to draft and sign the document. This document does not have to be submitted to the court or otherwise filed with a government authority to be valid.

Topics to Include in a Prenuptial Agreement

A prenuptial agreement may only include financial and property issues. Some examples of topics that a prenuptial agreement may cover include the following:

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