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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 Posted on March 14, 2024 in Property Division

Your separate, or non-marital, property is made up of the things that you own yourself, and your spouse does not have a claim to if you get divorced. There are a few limited categories of non-marital property in Illinois. Your income and the things you used your income to purchase for the benefit of the marriage or your family are not separate property and will be subject to equitable division during divorce. Generally, each spouse’s income and the assets they put it towards are considered marital property. Otherwise, a stay-at-home parent or disabled spouse could be left with nothing after getting divorced. A Batavia, IL divorce attorney can help you identify what separate property you own.

Categories of Separate Property in Illinois

Your non-marital property might include:

• Assets you owned before marriage - Marital property is defined as almost anything either spouse acquires after getting married. Any property you owned before you got married is likely not marital property. For example, if you owned some jewelry before your wedding, that jewelry is not considered a marital asset. However, if you contributed the assets to the marriage’s needs, they may have been converted into marital assets. For example, if you sold the jewelry and put the money toward a downpayment on a house, you cannot claim the proceeds as separate property. However, if you put the proceeds from the sale into your own personal account, those funds might be your separate property.

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 Posted on February 13, 2024 in Prenuptial agreements

If you are getting married soon or have gotten married recently, you may be wondering about whether you should get a prenuptial or postnuptial agreement. While creating such a contract might not seem like the most romantic way to begin your marriage, it is likely one of the smartest ways to prepare for married life. Having a marital agreement in place can give you peace of mind, knowing that if for whatever reason, your marriage does not work out, you are well protected. If you are worried about having an unfair agreement used against you in the future, or if your spouse is trying to force you to sign an agreement that heavily favors them, you should know that there are laws protecting you. A qualified Kane County, IL, premarital agreements attorney can help you create a contract that protects you - without causing unnecessary conflict in your marriage

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 Posted on January 15, 2024 in Child Custody

In almost all child custody cases, the court will want the child to have an opportunity to spend time with both parents. However, there are some cases where the court might feel that the child would be safer seeing one parent if there is another trusted adult present to make sure the visit goes smoothly. While many parents find the idea of needing “supervision” to see their children repulsive, this is frequently done as a precaution to start with. Over time, the court may find supervision no longer necessary. While you may feel insulted, ordering supervised visitation is the court’s way of making sure that a parent who has had certain issues in their life can still enjoy quality time with their child. There are several types of supervision a court may use depending on the circumstances. If supervised visitation is likely to become an issue in your case, it is important to work with an experienced Batavia, IL, child custody lawyer. 

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 Posted on December 15, 2023 in Divorce

You might wish marriage was something you could rip off like a bandaid. You may be ready for your divorce to be over with as soon as you have decided to file. While many wish that divorce was something they could get through in a few weeks, it normally takes a lot longer than that. How long your divorce could take depends on so many different factors, like the size and complexity of your marital estate and whether you have a prenuptial agreement. If you are asking the court to make decisions, you are likely to experience a lot more delays than a couple going through mediation might encounter. A quick look at the Illinois state statute listing all the different factors a court must hear evidence about and consider just to rule on one single issue - here, spousal support - should illustrate why contested divorce can take so long. Having a well-qualified Batavia, IL, divorce lawyer is of the utmost importance. 

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 Posted on November 16, 2023 in Paternity

Parentage is a far more complicated legal issue than it used to be. Illinois law now recognizes and accounts for gender diversity in parenthood. This can result in some confusion for new parents or people who are trying to become parents. Both medical advances and improved legal protections for LGBT+ parents have changed the way parenthood is looked at from a legal perspective. There are a few ways to establish the identity of a child’s legal parents. Unmarried parents and those using certain alternative methods to become parents may need to take extra steps to make sure they are legally their child’s parent. It is best to be represented by an attorney when navigating this complex and rapidly evolving field of law.

Presumption of Parentage

If a parent is married when they give birth, their spouse will automatically be considered a parent to that baby - even if it is impossible for the spouse to be the biological parent. So, if two women are married, and one of them gives birth, her wife is considered to be her child’s other parent, just as it would be if the mother were married to a man.

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 Posted on October 15, 2023 in Prenuptial agreements

Every couple should strongly consider getting a prenuptial agreement. Although you likely dream of growing old together now, no marriage is bulletproof. Life has a way of surprising people. Spouses that seemed perfect for each other can drift apart over the years. A stressful event beyond your control could later come between you. Hard times can create stress and conflict among the most perfectly matched couples.  In some traditions, brides and grooms promise to uphold their vows “so long as the love between them shall last,” rather than “until death do they part.” Many would argue that the former is a bit more practical. A prenuptial agreement is a good way of reducing uncertainty and stress in the event that your marriage does not last forever. It is important to consult an Illinois family law attorney when drafting a prenuptial agreement. 

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 Posted on September 21, 2023 in Batavia Divorce Lawyer

A lot of people find themselves staying in their marriage not because they are happy, but because they have logistical barriers to divorce. Many spouses rely on one another for varying types of support whether they are happy together or not. You may have children together that you care for as a team. You may have combined your finances to such a degree that separating yours from theirs could be challenging, or you may be in a position where the family needs two incomes to pay expenses. 

All of this can make it more difficult to get divorced. However, remaining in a marriage that is no longer working and is making you miserable may be even more difficult over the years. Additionally, the longer you stay married the more difficult it may become to sort out the issues that would arise in your divorce. You may find that while the time period during the divorce is challenging, things will get much easier as time goes on and you will be happier in the end. An attorney can help you plan to overcome any barriers to divorce you may face. 

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 Posted on August 14, 2023 in Kane County family law attorney

Parents almost always determine the outcome of child custody cases. But in certain unfortunate family events, a grandparent may need to seek parental responsibility. Usually, this occurs for a child’s safety or out of concerns about parental unfitness. Understanding the ins and outs of grandparents' rights can be critical.The best thing a grandparent can do is get help from a child custody attorney to aid in building a solid case and advocating for their rights.

Custody vs. Visitation

Parental responsibilities, formerly known as custody, is the power to decide important matters on behalf of a child, such as religious upbringing, education, healthcare, and more. Visitation involves spending time with grandchildren, even if they live with their parents. Both are quite different and need a separate set of requirements to petition for it. 

Can Grandparents Get Custody of Grandchildren in Illinois?

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