Tag Archives: Hinsdale family law attorney

IL divorce lawyerGetting engaged is an exciting time. You are likely busy planning for the wedding, and cannot wait to talk about it with your family and friends. Although this is a time of celebration, it is also time to really consider your future, and how you can protect it. Premarital agreements are no longer only for the wealthy, and they are not seen as the romance killers that they once were. Instead, premarital agreements can actually strengthen your relationship, and provide the security you and your soon-to-be spouse both need. If you are planning on getting married, below are four reasons to get a premarital agreement.

You Own a Business

A divorce can greatly threaten your business. If it is considered a marital asset, which businesses often are, it will be subject to property division rules and therefore, you may have to sell it as part of the divorce. A premarital agreement can identify your business as a separate asset and protect it from being divided or sold.

You Have Been Married Before

If you have been married before, you may have another family and legal obligations attached to them. You may have to pay alimony to your former spouse, or you might have to pay child support. These obligations do not stop when you get married again. A premarital agreement can very clearly outline these obligations and state what funds are going where.

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IL divorce attorneyWhen two parents get divorced it typically means that the children of that marriage will spend much less time with one of their parents. Historically speaking, the parent to lose the most time with their children has been the father. Although today, Illinois courts are not supposed to take gender into consideration when allocating parenting time, the sad fact is that many still do. The data is there to support the notion that mothers are usually awarded the most time with their children. However, a new bill has been introduced into the Illinois House of Representatives, and it may mean equal time for both parents in future divorce cases.

Minimum Parenting Time in Illinois

Most people agree that when both parents are fit to raise their child, it is in that child’s best interests to spend equal time with both parents. Unfortunately, that rarely happens in Illinois and legal authorities in the state have continued to support favoring one parent over the other.

The Illinois Family Law Study Committee has found that it is in the best interests of the child to spend at least 35 percent of weekly time with each parent when both parents have been deemed good and fit. Although the Illinois State Bar Association also publicly supports equal parenting time, they have opposed the notion of each parenting getting that amount of time. In fact, the Association does not have a minimum amount of time at all for parents that are considered fit to spend time with their children.

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IL divorce lawyerNeglect is a term thrown around quite frequently in heated custody battles by one parent directed at the other. However, what constitutes neglect? Leaving a child alone for an afternoon may seem like an unwise, irresponsible thing to do in one parent’s opinion, but perfectly normal and acceptable to the other parent.

At what age is it okay to let a child walk to school? In Utah, a law was recently passed that allows “free-range parenting,” giving parents the legal right to allow their children to walk or ride their bikes to school, to play in a park unattended, or be at home alone unsupervised — all contingent on the child’s age and maturity level for the situation at hand. While Illinois has no such free-range parenting law, there is still much up for debate when it comes to what is and is not acceptable, and what constitutes neglect in the eyes of a family law judge.

Evidence of Neglect May Show That Joint Custody Is Not in the Child’s Best Interest

As you may well understand, an Illinois family judge will make his or her custody decisions based on what is in the child’s best interests, not what is in the parents’ best interests or who makes the most compelling argument about how their child loves them the most. As such, in a contested divorce, it is not unheard of for spouses to bicker about each other’s faults as a parent. Usually, these faults are benign. Forgetting to pick up a child at school once in a blue moon should have no real effect on a custody decision. However, more commonplace mishaps or egregious parenting choices can hurt that parent’s chances for custody. Being accused of neglect is a serious allegation, as it shows the court that that parent does not have what it takes

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Illinois family lawyerDivorce can become very difficult when you have to co-parent with your ex who you do not get along with. Fortunately, there are ways that you can make co-parenting easier and become a great role model to your children. Here are five co-parenting tips you should keep in mind to make parenting a pleasant rather than daunting experience:

  1. Lower Your Expectations

You cannot expect your ex to be the kind of parent you would like them to be. Doing so will only leave you disappointed and frustrated. Keep in mind that even if you believe they should be a better parent, you cannot control their parenting style and/or change their priorities.

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Illinois family lawyerIf you marry someone with a child, you may want to adopt their child. This is considered a stepparent adoption and involves a different process than adopting a child through private adoption or an agency. Fortunately, this process is far easier to complete. Let’s take a closer look at how the stepparent adoption process works in Illinois:

If all parties cooperate with the court, the stepparent adoption process can be completed in as little as 30 days. A home study which is used by the courts to evaluate whether a stable environment exists for a family to receive an adoptive placement is not required in a stepparent adoption.

However, the child’s other parent must be informed of the adoption. If the parent agrees to the adoption, their parental rights will then be terminated. In the event they do not agree with it, the court may determine whether they should keep their parental rights and whether an adoption is in the best interests of the child. It is important to note that a child is not legally permitted to have three parents. Therefore, in order for a stepparent to adopt a child, the other parent must terminate their parental rights.

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address15 North Lincoln Street, Hinsdale, IL 60521
phone 331-588-6611
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Our firm handles family law and personal injury matters for clients in Chicago and throughout the western suburbs including DuPage County, Will County, Kane County, Cook County and the cities of Aurora, Bloomingdale, Bolingbrook, Burr Ridge, Carol Stream, Darien, Downers Grove, Elmhurst, Glen Ellyn, Hinsdale, Joliet, Kendall County, Lombard, Naperville, Oak Park, Oak Brook, Oakbrook Terrace, Clarendon Hills, Oswego, Park Ridge, Roselle, St. Charles, Geneva, Villa Park, Warrenville, Wheaton, Western Springs, LaGrange, Winfield, Woodridge and Yorkville.

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