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Recent Blog Posts
Can I Become My Sibling’s Legal Guardian in Illinois?
Every child deserves to live in a loving household, with the ideal goal being two loving parents who can care for them. In today’s world, however, this is not always the case. Some families have single parents, others have blended households, and some children lose their parents at a young age. If a child’s parents die unexpectedly, and a Will that outlines those parents’ wishes was not prepared,, a court will need to determine what the next best course of action will be regarding who will take care of the child. Throughout the U.S., anyone under the age of 18 is considered a minor and must have a legal guardian caring for them. For some children, this could require another family member taking care of them , while for other children, foster care may be their only option.
How to Deal With Your Supervised Parenting Time in Illinois
If you are a parent who is filing for divorce, there are certain aspects of your current everyday schedule which will now need to be reevaluated. For instance, your responsibilities as a parent, which likely come naturally to you, will be reviewed and divided between you and your ex-spouse in a process known as allocation of parental responsibilities. The time that you spend with your kids will no longer be around the clock, but rather, will be scheduled and known as parenting time, or visitation. As part of the legal process, the court will be assessing your role and competency as a parent, which in some cases can lead to restrictions in the form of supervised parenting time.
What Does Supervised Parenting Time Entail?
No one enjoys the feeling of being scrutinized for their parental decisions and abilities. However, this is a part of the divorce process if you and your spouse share children. In most cases, this evaluation will be fairly quick and the court will divide the responsibilities and parenting time fairly equally. In more contentious cases, tho, a judge may require one parent’s visitation time to be monitored by a third party. If the judge determines that you are in any way a danger to your child, or unable to fully perform your parenting duties, a court-appointed official will be present during your parenting time to monitor your parenting abilities. This is often a temporary order before the court makes a final decision, which is why the way that you handle these orders can ultimately determine your parenting role moving forward.
Do I Qualify to Be My Loved One’s Guardian in Illinois?
Taking on the responsibility of becoming another person’s legal guardian is laudable, but it can also be very difficult. This is especially true for children who are becoming their parents’ legal guardian. Having to take on the role of caregiver to your own parent can be physically and emotionally taxing, and some people may not even know if their parents meet the criteria for needing a legal guardian. Before taking legal action on behalf of your loved one, review your ability to become a legal guardian, as well as the common signs that show they need this additional support.
Who Can Be a Guardian?
When petitioning to become a legal guardian, there are a few minimum requirements that you must meet, before a judge can even determine if you are the right person to fulfill this role. Under Illinois law, legal guardians must: be at least 18 years of age, be of “sound mind,” have never been convicted of a serious crime, and be deemed a suitable guardian by the court. In addition, those who wish to become a legal guardian must demonstrate their ability to provide a suitable plan in their role as guardian.
Do I Have Any Child Custody Rights If I Am Not Married To My Child’s Mother?
In today’s world, families come in all shapes and sizes, including parents who are not married. As an unmarried father, you may be wondering what your rights are with regard to your child. Historically, mothers have taken on the role of primary parent and caregiver. Illinois courts, however, often favor having both parents involved in the child’s life, so long as this is what is best for the child. If you are not married to your child’s mother, and do not intend to be, there are a few steps that you should take to be sure that your rights as a father are protected.
Establishing Paternity
Before any custody decisions are made, you have to legally establish yourself as the child’s father. For fathers who are married, this is accomplished by signing a “Voluntary Acknowledgment of Paternity” (“VAP”) form. The law assumes that a mother’s husband is the father of her child, and both parties recognize that this is true by signing a “VAP”. For parents who are not married, proving paternity requires a few additional steps. It is often advisable for unmarried fathers to obtain proof of their biological connection to their child. This involves taking a DNA paternity test to provide the court with proof of your connection to your child, and to ensure that your rights as the child’s father are upheld.
How to Successfully Deal With Co-Parenting During COVID-19 in Illinois
Now into its eighth month of significant impact in the U.S., COVID-19 continues to be a daily concern in all areas of life. In public, masks and social distancing are required. In the workplace, many are continuing to work remotely to avoid infection. And in schools, each district has its own arrangements for how students are completing their assignments. Illinois is now in its fourth phase of the reopening process, with stay-at-home orders now ended but group gatherings continuing to be restricted.
Since the start of the COVID-19 restrictions, divorced parents have still had to continue abiding by their existing court-mandated parenting plans. This includes each parent’s scheduled parenting time as well as their child’s dual living arrangements. Due to the unpredictability of COVID-19 and the vulnerability of particular populations, at the present time, some families may be unsure of how to navigate these unprecedented circumstances.
How Is Child Custody Decided in Illinois?
In 2016, the way in which Illinois courts determine child custody was changed substantially. The Illinois Marriage and Dissolution of Marriage Act (IMDMA ) now calls child custody “the allocation of parental responsibilities,” and visitation is now referred to as “parenting time.” Divorcing parents must fill out a “parenting plan” document which states each parent’s parenting time and parenting responsibilities, as well as certain child-related rights and requirements. Reaching decisions about these issues can be challenging – especially in the midst of a contentious divorce. In some cases, the court will make decisions about parental responsibilities and parenting time for the parents.
Resolving Parenting Plan Disputes
Illinois parenting plans must contain a number of provisions, including provisions that address the following:
Do I Qualify for a Child Support Modification?
Child support in Illinois is determined using what is known as the “Income Shares” model. This calculation method takes into account each parent’s net income, and, in cases involving shared parenting, it also takes into account the amount of parenting time assigned to each parent. A parent’s child support obligation is intended to be reasonably affordable, while still providing the financial support the other parent needs to cover child-related expenses. However, if circumstances change, the amount of child support a parent pays may no longer be appropriate, and a child support modification may be necessary.
Changing Your Illinois Child Support Order
Child support orders are legally-enforceable court orders that must be closely adhered to. If a parent does not pay his or her child support in full and on-time, he or she may face serious consequences. If you need to decrease your child support obligation, or if you are the recipient parent, and you need to increase the amount of child support you receive, you will need to petition the court for a child support modification. Illinois courts may modify an existing child support order if:
Does My Loved One Need a Legal Guardian?
Seeing your parents age and develop limitations which make it seem like they may be incapable of fully caring for themselves can be a difficult stage to reach as a child. Maybe you have children of your own, or perhaps you live far away from your parents, making it difficult to care for them or to determine if legal action should be taken to protect them. For adults who become incapable of living on their own and making well-reasoned decisions, the need for guardianship often becomes a reality. Before taking action and deciding that guardianship is the correct path for your family member, it is important to recognize the signs of a loved one in need of help, and to fully understand what legal guardianship involves.
Assessing Your Loved One’s Needs
Illinois law states that anyone age 18 or older is assumed to be capable of handling their own affairs, recognizing them as legal adults. However, certain circumstances can cause a person to become incapable of making their own decisions. A legal guardian may be appointed if a person is disabled because of mental deterioration, mental illness, physical incapacity, and/or developmental disabilities. The purpose of a guardian is to help the individual make decisions, knowing that a sound mind is behind the decisions being made.
When Is a Prenuptial Agreement Invalid in Illinois?
Uncertainty about the future can leave many engaged couples nervous about their marriage, and they may wonder whether getting married is the next best step. Fortunately, a prenuptial agreement can be a good option to make use of for any couple intending to get married. While they may have previously been reserved for the rich and famous, prenuptial agreements have become more and more common as couples have opted to get married later in life with more financial assets to bring into their marriage. It is always advisable to sign a prenuptial agreement before walking down the aisle, since this legal agreement can help alleviate any concerns that may arise regarding the possibility of divorce. Prenups can save you a great deal of time and protect you from emotional turmoil in the future, but only if all of the terms are valid and enforceable. You should be aware of certain problems that could make your prenuptial agreement invalid, including the following:
What Is Parental Alienation and Can It Affect My Child Custody Case?
Rarely are divorces completely amicable, without any disagreements throughout the divorce proceedings. Divorce often can be an emotional, life-altering process that can be difficult for some people to deal with in a healthy manner. When children are involved, many times the disagreements can increase. Unfortunately, some divorcing parents wrongfully involve their children in their disputes with their soon-to-be-former spouse, and some parents even deliberately attempt to turn their children against their other parent. These kinds of attempts are known as “parental alienation syndrome.” If you suspect that this is occurring in your divorce, you should contact a skilled family lawyer to help protect your rights with regard to your children throughout the case.
Is Parental Alienation Diagnosable?
The term “parental alienation syndrome” (PAS) was coined in 1985 by a child psychiatrist who noticed certain symptoms in children who were exposed to parental alienation attempts. This kind of alienation can occur when one parent attempts to negatively influence his or her children’s relationship with their other parent, sometimes out of jealousy for that parent-child relationship, or sometimes as a way to supposedly hurt his or her former spouse. Whether or not the negative effects of parental alienation are actually a “syndrome” is questioned by some mental health professionals. The American Psychiatric and Psychological Associations do not recognize PAS as a mental health condition, nor can it be diagnosed by a professional; however, the damaging effects of parental alienation on children can many times be apparent.
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