Posted on January 14, 2025 in Child Custody

As of January 1, 2025, Illinois mothers who give birth to infants who test positive for drugs will maintain their parental rights. Before this new law took effect, a mother could automatically lose her parental rights if her newborn tested positive for controlled substances. Hospitals are no longer required to report positive newborn drug screens to law enforcement, a policy that frequently resulted in new mothers being arrested or separated from their babies. Proponents of the law argue that it will encourage women with substance use disorders to seek treatment when they become pregnant, while opponents argue that the law fails to adequately protect infants born to drug-addicted mothers.

However, one parent’s substance use problems or drug use during pregnancy could still have an impact on a child custody dispute between the child’s parents. A knowledgeable Kane County, IL child custody attorney should represent you if you are involved in a child custody case, especially if your child may be at risk due to the other parent’s drug use.

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 Posted on December 24, 2024 in Divorce

When you are part of a blended family, getting divorced brings special challenges. Although there are children involved, some or all of them are not children of the marriage. If you or your spouse already had a child with someone else when you got married, you will not need to create a child custody plan for that child. Step-parents cannot compete for custody outside of very specific circumstances, such as when both of a child’s parents have passed away. However, during the time you were married, you likely both bonded with each other’s children. If you have a child with your current spouse, she may have bonded with her step-siblings. You can be left with a very complicated family situation going forward. An experienced Kane County, IL divorce attorney can help you create a plan and get any court orders you may need going forward.

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 Posted on November 12, 2024 in Child support

Child support is supposed to be used to provide for your child. The child support money you send to your co-parent should be used to buy your children clothes, food, school supplies, and other important things your child needs. If you suspect that your co-parent is using that money on non-essentials for himself or herself, you can take legal action. You may be able to request more parenting time so that you can support your children directly, especially if your child’s basic needs are not being met properly. You may also be able to ask the court to reduce your child support payments, especially if you are struggling to keep making them and your co-parent is clearly financially well-off. A knowledgeable Kane County, IL child support attorney can help you decide what steps to take.

What Can Child Support Be Used For? 

It is a common misconception that child support should benefit only the children and never the parent receiving it. In many cases, it is impossible for a parent to spend child support money in a way that does not benefit him or her at all but still adequately meets the child’s needs. For example, a parent who receives child support can reasonably use the funds to pay for a bigger apartment so that each child can have his or her own bedroom or move to a safer neighborhood that is better for the children to grow up in. While this use of child support funds certainly benefits the parent, it is also likely in the children’s best interests.

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 Posted on October 24, 2024 in Child Custody

Just as your former spouse may have changed after you got married - which may have led to your divorce - he or she can continue to change after the marriage ends. Your formerly neat and tidy spouse might stop caring what the house looks like and allow conditions to become so unsanitary that your children are visibly dirty and wearing clothing that smells horrendous when you pick them up. Your formerly cautious spouse might get into a new relationship and start leaving your young children unattended to go out drinking. When you find that your children are no longer safe and well cared for when they are with your ex-spouse, it may be time to seek a modification to your child custody order so you can protect them. A Kane County, IL child custody lawyer can help you work towards a modification.

Why Calling DCFS Alone May Not Help 

Calling the Department of Children and Family Services to report child neglect or abuse without filing for a change in custody may not produce the results you want. While your ideal outcome would be for DCFS to remove your children from your co-parent’s custody and place them with you, this is very unlikely.

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 Posted on September 23, 2024 in Family Law

After months of back-and-forth and a measure of antagonism thrown in, you are finally divorced. Perhaps your children attended the public school closest to your home, but now you and your ex live in different places. One of you may want the children to go to the school in his or her district, while the other may disagree. Or perhaps one of you wants the children in a private school, and the other is stubbornly resisting. One parent could even want to homeschool, and the other could be adamantly opposed.

Whatever the issue, when you and your ex share parental responsibilities, an agreement must be reached. If you and your ex simply cannot agree, the Judge can make special provisions based on the children's best interests. However, the decision may be more difficult, even for a Judge, when it comes to private school or homeschooling. Before you give up and turn the matter over to a Judge, consider the value that an experienced Batavia, IL parental responsibilities attorney can bring to the negotiation table.

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 Posted on August 14, 2024 in Property Division

Property division is a challenging part of the divorce process. It is a complex procedure in which marital assets — meaning those possessions acquired by either spouse during the marriage — are accounted for and distributed between the parties. In Illinois, since marital assets are divided fairly instead of equally, it is up to a judge to divide the marital estate as he or she sees fit.

Dividing marital property can become even more complex depending on the value and nature of the assets. Real estate, for example, must be valued and distributed. A family business also must be valued, which is done using one of several approaches. Intellectual property is another asset that can be challenging to divide in a divorce.

This article will discuss what intellectual property is, how it is distributed between divorcing parties, and how to seek the help of an Illinois divorce attorney for the property division process.

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 Posted on July 26, 2024 in Child Custody

Homeschooling has become an increasingly popular educational choice for families across Illinois. It offers flexibility and personalized learning experiences that are tailored to your child and can suit your schedule. However, since homeschooling is not a typical school setting and it is a major commitment for parents, it is a decision that should be made collaboratively. For parents navigating custody agreements and parenting plans after a divorce, homeschooling can raise unique legal questions and considerations. If you are divorced and feel that homeschooling is the best option for your child, speak with a Kane County, IL family law attorney who can help you navigate this complicated situation.

Custody and Decision-Making Authority

Custody arrangements in Illinois typically include agreements about which parents have the authority to make decisions about their child’s education, among other things. If one parent wishes to homeschool, it is important to review the custody agreement to see who has the authority to make educational decisions. If the parents share decision-making authority, they both need to agree about the decision to homeschool. If one parent has sole decision-making authority, they can make educational choices without the other parent's consent.

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 Posted on June 24, 2024 in Child support

One of the biggest concerns parents have before going through a divorce is how it will affect them financially. Even if they believe they should no longer be married to each other, they might consider settling for an unhealthy marriage for the sake of financial survival. Luckily, the legal authorities have certain measures in place that are supposed to make sure neither parent will end up suffering too much economically as a result of a divorce.

Sometimes one parent has been able to work and earn a living while the other parent has handled the majority of the household and childcare responsibilities that would have made the first parent too busy to solidify their career. If you are a parent who has not worked, you might be worried about what this means for you after divorce, but the court would likely order your ex to make regular child support payments to you. You begin to breathe a sigh of relief, but then your ex suddenly decides to stop making those payments without warning. It can be stressful and overwhelming if you plan your budget with these payments involved and they stop coming. If this happens to you, contact a qualified Batavia, IL child support attorney to understand your options.

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 Posted on May 27, 2024 in Family Law

When a divorced parent, or a parent who is in the process of getting divorced, wants to move away with his or her child, the court will want to make sure that the planned relocation is in the child’s best interests. To decide whether moving will be best for the child, the court will consider a list of factors. While the same factors are used in every child relocation case, how the factors apply to your case will depend on your child’s unique needs. If your child has special needs, has a disability, or has a major medical condition, the court will consider how the move will affect your ability to meet your child’s needs. A Batavia, IL child relocation lawyer can help you show the court how moving will help your child.

Important Factors When Moving With a Disabled or Sick Child 

Some of the factors that are likely to be very important when you are trying to relocate with a child who has disabilities or high medical needs include:

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 Posted on April 25, 2024 in Batavia criminal defense lawyer

The change in terminology from “visitation” to “parenting time” might seem unimportant. Both terms refer to the amount of time a parent has to spend with his or her children. However, there is an important distinction. The word “visitation” implies that a parent is simply a visitor in his or her child’s life instead of a full co-parent. A father or mother does not go from being a parent to being a guest in his or her child’s life because the parent got divorced or broke up with the other parent. Even in cases where a child spends the majority of his or her time with one parent and only sees the other during breaks from school or on weekends, the child still has two parents. A Kane County, IL child custody lawyer can work to ensure that you enjoy the best possible relationship with your child after your divorce or break-up.

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