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Law Office of Vincent C. Machroli, P.C.
High Point Plaza, 4415 West Harrison Street, Suite 213, Hillside, IL 60162
High Point Plaza, 4415 West Harrison Street, Suite 213
Hillside, IL 60162

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708-449-7404

Hillside legal parentage lawyer

Parentage (which is also known as paternity) is the legal relationship between a parent and his or her child. If a couple was married or in a civil union when their child was born or within 300 days before the birth, the mother’s spouse is presumed to be the father. However, if the mother and father were not married or in a civil union, paternity must be legally established. Naming a child’s legal parents is important, because it ensures that both parents have a right to participate in the allocation of parental responsibilities, and it allows the child to receive the necessary child support. For fathers who are trying to protect their parental rights or mothers who wish to confirm the parentage of their child, it is important to speak to an experienced family law attorney.       

Voluntary Acknowledgement of Paternity

If there is a mutual agreement between two parties about who the father is, a Voluntary Acknowledgement of Paternity (VAP) can be completed, signed, and filed with the Illinois Department of Healthcare and Family Services (DHFS). This will allow the father's name to be added to the child's birth certificate. A VAP can be completed at any time after the child is born, and the signing must be witnessed by a person who is 18 years or older who is not named on the document. 

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Oak Park, IL parenting time lawyer

If you are going through a divorce, you will need to make a variety of difficult decisions involving the separation of your life, your finances, and your property from your spouse. While this can be a lot to deal with, the situation can become even more complicated if you and your spouse have children, because both of you will need to address the allocation of parental responsibilities (formerly known as child custody in Illinois), as well as parenting time (formerly known as visitation), and the decisions about these issues will be written down in an agreement known as a parenting plan, which will be part of your divorce decree. When creating a parenting plan, it is important to work with an experienced family law attorney to ensure that your parental rights and your child’s best interests are protected.

Creating a Parenting Plan

A parenting plan is a legal document that addresses the responsibilities that each parent will have during a child’s upbringing. These responsibilities include making decisions regarding the child’s education, religion, healthcare, and extracurricular activities, and the authority to make decisions in each of these areas may be shared by the parents, or allocated to one parent. Furthermore, a parenting plan will specify where the child will live, the schedule of each parent’s parenting time, and the rules regarding transportation. It may also include the right of first refusal to ensure that a parent will be able to care for their child if the other parent is unavailable during his or her scheduled parenting time.

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Hillside prenup lawyer alimony property division

Marriage is a big decision, and before entering into that legal partnership with your spouse, you may want to take steps to protect your rights, your property, and your finances. In many cases, a prenuptial agreement can be beneficial for both spouses. However, before entering into a premarital agreement, you will need clarification on what can and cannot be included in the prenup. Discussing your thoughts and ideas with an experienced family law attorney will ensure that you understand how to create an agreement that meets your needs.  

Personal Matters

Before getting married, you may want to address how certain matters will be handled between you and your spouse. While a prenup may include certain rules about personal issues such as chores, holiday plans, friendships, or hobbies, these terms will typically not be legally enforceable. For example, you may want to make an agreement about who will be responsible for cooking and cleaning, but a prenup cannot impose penalties if one spouse fails to abide by these arrangements. You should speak to your attorney to discuss whether to include these types of terms in your prenup.

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Oak Park right of first refusal lawyer

For couples with children who are going through a divorce, one of the most important aspects of the process is ensuring that their child's best interests are met. The courts require that divorcing parents try to work together to create a parenting plan that will determine each parent’s level of authority in making decisions about raising the child, define schedules for the parenting time the child will spend with each parent, and address other relevant issues. If the parents cannot come to an agreement on these issues, these decisions will be made by the judge in their divorce case. The “right of first refusal” is one issue that may need to be addressed in a parenting plan.

What Is the “Right of First Refusal”?

When a parenting plan is approved by the court, it is expected that each parent will follow the court-ordered parenting time schedule. However, situations may arise in which a parent will not be available during their scheduled parenting time, and they may need to utilize a third-party caregiver, such as a daycare, grandparents, or babysitters for a significant period of time. In these situations, the other parent may want to have the option to care for the children. 

If a parenting plan includes the “right of first refusal”, it will state that if one parent ever plans on leaving a minor child with a third-party caretaker for a significant timeframe, that parent must first offer the other parent the opportunity to care for the child during that timeframe instead. Depending on the situation, parents may agree that the “right of first refusal” would be in the child's best interest, but if they cannot agree on how this right will arise, then the judge may decide whether to include this right in the parenting agreement, as well as terms specifying how it will be used.

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Hillside, IL family law attorney for co-parenting

If you are a newly-single parent adapting to life after divorce, moving on may be difficult, and you may be dealing with negative feelings toward your ex-spouse. Although it can be difficult to put those feelings aside, fostering the growth and development of your child should continue to be your primary goal. One dreaded scenario that may arise is meeting your ex’s new partner. This can be a challenging and stressful situation, but you will likely want to make an effort to get to know that person, as they will be a significant party in your child’s life. The following three tips can help the three of you work together as co-parents toward a happy and healthy upbringing for your child:

Understand the Position You Are in

You are likely to have mixed emotions about your ex’s new relationship, and this may lead to confusion for your child. The behaviors and feelings displayed by a parent can shape the thoughts and actions of children. Even though you may not be happy about meeting and dealing with your former spouse’s new partner, being willing to get to know them can be a good example for your child, encouraging them to form new relationships and branch out to meet new people. Ultimately, you cannot control what your ex does in their personal life, but demonstrating acceptance of their new partner will likely promote your child’s happiness and well-being in both households.

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