Guardianships of Minor Children
When a child loses his or her parents, or his or her parents cannot care for him or her, a guardian may be necessary. Guardians are similar to parents in various ways, yet dissimilar in others. Therefore, it is important to understand exactly what you are getting into with guardianship. Types of Guardianship There are four primary […]
When Does Illinois Have Jurisdiction Over Child Custody Matters?
Often, the most difficult and contentious disputes in family law are disputes over child custody. Most parents want to spend as much time as possible with their children and have a major hand in how their children are raised. However, when parents are no longer together in a relationship, their lives can often take them to […]
Legal Separation in Illinois
Divorce is a permanent end to a marriage. Once a couple goes through a divorce the only way they can be married again if they reconcile is by entering into a whole new marriage. In a divorce, a court determines child custody and support, determines whether spousal maintenance is appropriate, and divides a couple’s property. […]
What Can You Do If Your Ex is Not Honoring Your Visitation Rights?
Child custody and visitation disputes can last throughout the entire childhoods of your children. When one parent refuses to honor the other parent’s rights, both the parent and the children suffer. If your co-parent is not honoring your rights to visitation, there are ways to enforce your rights. How You Can Enforce Your Visitation Rights Illinois law […]
Relocating a Child After Divorce
When parents divorce, the issues surrounding child custody will affect them until their children are grown. While this includes visitation schedules, it also includes restrictions on what parents can and cannot do. One example is limitations on when parents are allowed to move with their children, particularly out of state. This area of the law is commonly […]
What Actually is in The Best Interests of A Child?
In Illinois, like in other states, child custody disputes are resolved by a judge making a determination as to what is in the best interests of a child. This determination can be extremely difficult to make. After all, every child is different, every parent is different, and every situation that a child and his or her parents […]
Illinois Does Not Recognize Functional Parent Theories
Sometimes good people develop strong relationships with their romantic partner’s children. These people often take on the role of a parent even though they are not technically the child’s legal parent. If that romantic relationship ends, in Illinois, that functional parent can lose all rights to have any custody or visitation with the child. However, other jurisdictions […]
Not Every Custody Situation Calls for a Designated “Primary Residence”
Divorces can be contentious, especially when there are children involved. No matter what sort of agreement the parties are able to reach or the court is able to fashion when it comes to child custody, at least one parent is not going to get to spend as much time with his or her children as he or […]
Moving Out Of State With A Child After Divorce
Moving is never fun. Gathering boxes, packing your belongings, and looking for a new home in a new city is all a lot of work. When you are sharing custody of your children with an ex, however, moving goes from annoying to extremely complicated. As a co-parent, you do not have the same rights to just move […]
Avoiding Parental Kidnapping
Child custody disputes can be terrifying. Such a dispute places a child in between his or her parents, resulting in an emotionally-charged situation for everyone. Of course, there are legal steps that you have to follow in order to legally obtain custody of your child or children under the Illinois Marriage and Dissolution of Marriage Act. Failure to […]
Child Custody Arrangements: What Are The Grounds For A Change?
Child custody disputes are inherently difficult situations. Almost all parents love their children deeply and want as much time with them as possible, but unfortunately, the children cannot be in two different places at once. The argument over who the children should spend the most time with can be the most contentious part of a […]
Artificial Insemination and Parentage
As medical reproductive technology rapidly advances, more men and women are able to become parents who otherwise may not have been able to do so. One of the less invasive techniques often used is artificial insemination. An intended father can act as a sperm donor. Or, if the intended father suffers from fertility issues, a […]
Increase in Stay-At-Home Dads May Lead To a Shift in Primary Custody
Determining which parent should receive primary custody of a child when a couple divorces can be a complex process. In Illinois, child custody laws are governed by statute under the Uniform Child Custody Jurisdiction and Enforcement Act (‘The Act”). The Act is written to be gender-neutral and does not favor one parent over the other, and rather focuses […]
Sometimes Grandparents are Entitled to Visitation Rights
While many of the custody and visitation arguments in courts are the result of divorces or disagreements between parents who were never married, that is not always the case. One example of a different sort of dispute that arises happens when a parent passes away. In this situation, a child’s grandparents on the side of the deceased […]
The Importance of Adequate Visitation With Both Parents
It is not uncommon to get very angry and spiteful towards an ex-spouse while going through a divorce. Although sometimes necessary, divorce can be tough on all of the parties involved. Even when couples attempt to spare their children from having to experience some of the negative feelings that a divorce can cause, children can […]
Illinois Grandparent Visitation Rights: Can Grandparents Demand Visitation?
When two parents divorce, the couple and their children are not the only ones affected. A divorce also affects their families. Relatives, such as aunts, uncles and grandparents, may find themselves suddenly cut off from a divorcing couple’s children, even if they were heavily involved in raising them. One parent may insist that the children […]
Challenges Faced in Child Custody Battles
Arguing with a spouse to the point where divorce is the only option left can be a harrowing experience. Once the decision to file for divorce has been made, there is a multitude of factors that must be considered before a couple officially parts ways. When children are involved, the stakes are even higher, and […]
Does My Child Have a Voice in Court?
It is not uncommon in an Illinois divorce for one parent to feel their child’s or children’s wishes and desires are not being considered. “Will a judge consider which parent the child wants to live with?” “What if my child does not like the visitation schedule the court sets up because it interferes with her […]
Determining the Best Interests of the Child
When divorcing parents cannot work out a child custody agreement between themselves, the court will determine where the child or children should live. The judge can decide to award sole physical and legal custody to one parent or split the responsibilities with joint custody. Physical custody refers to the right of the child to live with a […]
The Role of a Guardian Ad Litem in Child Custody Cases
Fighting for custody of a child can be one of the most difficult experiences in a parent’s life. Coming to terms with the end of a marriage can be hard, but trying to prove that you are a better fit to take on the responsibility as a custodial parent (parent who lives with the child) […]
