Tag Archives: parental rights

Illinois divorce attorneyThe end of a marriage is more than just a change in relationship status. When spouses divorce, they must not only go through the complex process of dividing their property, separating their finances, finding new living arrangements, and determining how to share parental responsibilities and parenting time, but they will also need to let go of their plans for a long-term relationship with their partner and learn how to move on to an unexpected new phase of their life.

Divorce is a tough time for everyone involved, but while parents often focus on providing emotional support for their children during this difficult time, they need to take care of themselves as well.

The Effects of Divorce on Fathers

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Illinois child custody lawyer, Illinois divorce attorney, coparentingChild custody cases can be some of the most contentious family law matters. Parents arguing about where their child will live and who will make important parenting decisions can lead to a fierce legal battle. Once a final custody order is granted, the court’s decision is final and enforceable. However, in some cases, a parent or the child’s needs require a change in the custody structure. If you want to modify a child custody order in DuPage County, there are three things you should know.

Which Court to Ask?

Illinois, along with 48 other states and the District of Columbia, has enacted a law titled the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). This law states that a court in the child’s home state (where the child has lived for the past six months) has exclusive jurisdiction over child custody matters. In other words, the courts in the home state are the only courts that can grant or modify a child custody order. If a parent wants to change custody, he or she has to ask the court with the authority to do so. An experienced custody lawyer can help you determine where the appropriate court is.

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Illinois family law, Illinois family law attorney, Illinois child custody lawyer, Family law issues affect all members of the family, both immediate and extended. Grandparents and their grandchildren enjoy a special bond, but that relationship can be disrupted during a child custody dispute. If a child’s parent decides to limit or cut off your visitation with your grandchild, it can be emotionally devastating. As a grandparent, you are invested in the child custody battle between the child’s parents. Illinois law provides grandparents some visitation rights in certain circumstances. This legal area is continually changing and adapting to new family structures, and it is in the best interest of any grandparent seeking custody rights to speak with an attorney immediately.

Parental Rights vs. Grandparent Rights in Illinois

A recent study from the University of Chicago reveals that the majority of grandparents provide care, in some form, to their grandchildren. This care ranges from emotional support to financial support. The grandparent-grandchild relationship is socially recognized as an important part of many families. This relationship is often restricted during child custody cases. When parents separate, divorce, or fight about custody, grandparents’ visitation with the child can be limited. A parent may even completely cut off all communication and contact between the child and the grandparent. The law recognizes a parent’s right to make decisions regarding his or her child. These parental rights are very important under Illinois law. Contrarily, a grandparent does not have rights to make decisions for his or her grandchild, and usually has to accept the parent’s or choices. However, grandparent rights in Illinois may be recognized by the court.

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DuPage County paternity attorney, establish paternity, father's rights, legal paternity, Martoccio & Martoccio, parental rights, Illinois child custody, custodial parent, non-custodial parentWhen a child is born out of wedlock, the father of that child may face difficulties in establishing his parental rights. A common matter that fathers are not aware of is the fact that under Illinois law, no custodial or visitation rights are granted to a father whose child is born out of wedlock until the court orders that a biological relationship does in fact exist between the two. After such an order by the court, either parent of the child can seek additional orders from the court pertaining to custodial and visitation rights and child support. If you are an unwed parent and have to deal with custody, visitation, child support, and any other matters in paternity court, it is best that you seek assistance from an experienced attorney.

What is Legal Paternity?

Generally, paternity is the relationship between a father and their child, while legal paternity is established by the law. Legal paternity, as recognized under Illinois law, affords a father certain rights and responsibilities as it relates to the child.

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