Recent Blog Posts
How to Avoid Parental Alienation in Illinois Divorce
Parental alienation is an unfortunate, yet not uncommon, occurrence during a divorce where a separating couple has one or more children. The following considers what parental alienation is, how it can affect your child, your rights to custody, and how to avoid it. If you are separating, divorcing, or have questions about child custody or visitation rights in Illinois, an experienced family law attorney can provide more insight.
What Is Parental Alienation?
Parental alienation occurs when one parent—either intentionally or unintentionally—affects the psyche of a his or her child(ren) to the effect that the child(ren) emotionally rejects the other parent. Typically, parental alienation occurs when one parent continuously disparages the other parent to the extent that the relationship between the other parent and the child is severely affected and impaired.
The Effects of Parental Alienation on a Child
How to Establish Fathers’ Rights in Illinois
In the event that a person fathers a child with another person to whom he is not married, or separates or divorces from that person, the father may have questions about his rights regarding the child. For more clarity on fathers’ rights and paternity in Naperville, Illinois and surrounding areas, reach out to a skilled family law and fathers’ rights attorney.
How to Establish Paternity
In order to have any parental rights over a child as a father, paternity must be established. In the event that a couple is married at the time of the child’s birth, the paternity of the male in the marriage is implied. A voluntary acknowledgement of paternity may also be entered into in the event that the child’s parents are not married, but both acknowledge the male as being the child’s biological father and if there is no other man listed on the child’s birth certificate.
In the event that the biological father is not married to the child’s biological mother or is not available to sign a voluntary acknowledgment of paternity form, then paternity must be court-ordered. In order to submit a request for court-ordered paternity, the requesting father will likely have to schedule genetic testing in order to prove a biological relationship to the child.
Who Can Seek the Custody of a Child and Visitation Rights in Illinois?
In the event of a divorce, separation, or other extenuating circumstances that involve a child, with whom the child will reside is often a pressing question. And while each of the child’s parents has the right to petition for custody and visitation, in some cases, neither parent is fit. As such, the question remains: who else can seek – and be granted – the custody of a child in Downers Grove, Illinois and surrounding areas? What about visitation rights? To help you answer this question, be sure to consult with a child custody lawyer before taking legal action on your own.
A Look Into Child Custody
If either parent is available and physically, mentally, and psychologically fit to have custody of the child in question, then a person other than a parent cannot be granted custody of the child. In the event that the court deems the parents to be unfit, the parents of the child cannot be found, or the parents are residing in jail (or a combination of the above), a grandparent can petition for, and may be granted, custody. However, because granting custody to an individual is a permanent decision, custody is unlikely to be given to a grandparent except for in extenuating circumstances, such as a child’s parents’ death. Guardianship, on the other hand, is more common.
How to Enforce a Child Custody Order in Illinois
One of the most complicated issues for parents seeking a legal separation, divorce, or when a child’s parents are not married is who will have custody over the child. From addressing with whom the child will live to visitation schedules, receiving a child custody order that is in your favor can be a complex process. And often times, even when a court does grant a child custody order, your child’s other parent may not follow it as is required per the law. If your child’s other parent has violated your child custody order, you have the right to legal recourse. Here is what you need to know about enforcing a child custody order in Illinois:
Remind the Other Parent of the Terms of the Custody Agreement
In some cases, the violation of a custody agreement may be accidental. If you are on speaking terms with your child’s other parent, it is within your best interest to gently remind the other parent of the terms of your custody agreement prior to taking legal action. If the parent refuses to comply with the custody agreement, you can remind them that failure to comply may have legal ramifications.
Is Collaborative Divorce the Right Option for You?
When seeking a divorce in Naperville, Illinois, you and your spouse have a number of choices to make. One of the most important ones is how you will resolve some of the most common conflicts within a divorce, such as with whom children will live, how property will be divided, and whether or not spousal support payments will be necessary.
While many couples are involved in high-conflict divorces, which are typically resolved via court order, many other couples choose mediation and collaborative divorce as means of making decisions about divorce issues. The following provides a brief introduction as to what collaborative divorce is, and whether or not it is the right option for you and your spouse when seeking a dissolution of marriage.
What is Collaborative Divorce?
A collaborative divorce, or collaborative process, is a voluntary dispute resolution process where both parties agree to resolve things amicably and without litigation. This means that both parties typically sign an agreement stating that they will not go to court; instead, a collaborative divorce seeks to solve things without a judge’s order. During a collaborative divorce, both parties may—and should—recruit attorneys to aid them during negotiations. Experts may also be called upon to shed light upon a particular issue or conflict.
Upcoming Changes to Illinois Divorce Law
Beginning January 1, 2016, changes to Illinois’ divorce law will take effect. The following provides a review of these changes, found under Senate Bill 57, and what you need to know if you are considering getting divorced in Illinois. For more clarification and legal representation, be sure to seek the counsel of a Downers Grove divorce attorney.
Changes to Grounds for Divorce
Under Illinois’ current divorce code, the grounds for seeking dissolution of marriage in the state include:
What Is the Uniform Child Custody Jurisdiction and Enforcement Act?
Following a child custody court order is sometimes an emotionally challenging thing to do, especially when the order is not in your favor. To mitigate the actions of those non-custodial parents who are tempted to remove their child from the state—referred to as interstate kidnapping—every state has adopted the Uniform Child Custody Jurisdiction and Enforcement Act. In the event that your child is taken out of the state by his or her non-custodial parent or in violation of a court order, the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) allows for a determination to be made about which state has jurisdiction over the custody case, and can be key in the enforcement of a custody order. For help understanding the UCCJEA and enforcing a child custody order, consult with a Wheaton child custody attorney today.
The Basics of Illinois’ UCCJEA
Illinois’ UCCJEA addresses a number of issues related to parental kidnapping and a state’s jurisdiction over a custody case. If a custody issue is pending and there are questions over which state has legal jurisdiction, the Illinois UCCJEA will determine whether or not the state of Illinois has the power and authority to hear the case and make a determination about it. In the event that the authority of two or more states is in question, the law prevents both states from making a determination about the custody case.
Child Custody & the Child’s Wishes
Are you concerned about how custody will be determined? Do you want your child’s input to be considered when custody is decided? These are important questions all parents must ask themselves when facing a child custody dispute. If you have questions about child custody laws, and how those laws will impact your case, contact the experienced family law attorneys at Fay & Farrow today. You can schedule a free consultation, and discuss your case with a Wheaton custody lawyer.
Dividing Child Custody in Illinois
There are two types of custody: legal custody and physical custody. Legal custody refers to the authority a parent has or both parents share over the major decisions in the child’s life. These decisions often relate to a child’s medical needs, education, and religion. Physical custody relates to parental access to the child. That is, physical custody is that parenting time a parent can enjoy with their child. Usually, one parent is the custodial parent, and the other is the non-custodial parent. The child primarily resides with the custodial parent, and has visitation with the non-custodial parent.
Defending Your Right to Visitation
Visitation rights, sometimes called child access, are often a major issue in child custody cases. When a non-custodial parent has some level of custody, that parent is said to have visitation. Essentially, this means that the non-custodial parent has parenting time with their child. Whether that parenting time is overnight, unsupervised, or supervised, parents are generally entitled to have reasonable access to their children. A common misconception in child custody cases is that a child’s mother is allowed to decide when and where the father can have this important parenting time. The truth is that one party rarely dictates visitation schedules. Moreover, if a mother denied a father the parenting time to which he is entitled, she could face legal consequences.
Best Interests and Visitation
The custodial parent is the parent with whom the child primarily resides. The non-custodial parent almost always has some level of visitation with the child. Custodial and non-custodial parents can share custody in a variety of ways. Each may have some level of physical custody, that is, the face-to-face time spent with the child. Parents may also share legal custody, which is the legal authority to make major decisions for the child. Of course, the exact circumstances in any given case will determine how parents share both physical and legal custody.
No matter what your specific situation is, all custody and visitation decisions must be made in the best interests of your child. This best interests standard is a legal standard that requires judges to prioritize your child’s needs in the custody case. If you are requesting a certain visitation schedule, for example one that includes a set number of overnight stays, you must show the judge that schedule will not harm your child.
Explaining the Process of Collaborative Divorce
As adversarial as most divorce can be, it may seem likely that your divorce could only be resolved in a courtroom. However, the reality is that most divorce cases are settled privately between the parties. Recently, a rising number of divorce cases are settled through collaborative law. The collaborative divorce process is an innovative solution to the often tense and emotional issues that can arise during divorce. Collaborative divorce can be beneficial in many cases, but may not be appropriate in all situations. An experienced divorce lawyer, like those at Fay & Farrow, can help you make this decision.
What is Collaborative Divorce?
During a collaborative divorce, both parties work outside the litigation process to resolve issues before filing a joint uncontested divorce petition in court. This means that the parties will resolve their legal issues outside the courtroom, and then jointly ask a judge to dissolve their marriage once all issues have been settled. The collaborative divorce process is quite involved, and both parties must be willing to cooperate through private negotiation rather than pursuing traditional divorce litigation.
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