All posts by Abear Law Offices

Relocating with Your Child after an Illinois Divorce or Separation

Chances are good that at some point following an Illinois divorce or separation, one or both of the parents of a child will want to relocate. The relocation may be due to a job change or transfer, to start a new life with a new spouse or significant other, or simply because the moving parent feels the need for a “fresh start.” Whatever the reason for the proposed move, executing such a move is not as easy as simply packing up one’s belongings, even if the actual divorce is finalized. What steps does a parent need to accomplish in order to relocate following a divorce or child custody action?

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When Your Child Wants a Change in Custody

Suppose that you have been divorced for several years. You and your ex-spouse have managed to avoid any major controversies or conflicts, including any serious disagreements surrounding custody and parenting time of your child. That all changes one day when your child tells you that he or she would like to live with you instead of his or her other parent. There may be any number of reasons why your child has made this request, such as:

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Finding the Funds for Divorce

When one Geneva, Illinois woman wanted to divorce her spouse but found herself short on the funds necessary to hire an attorney, she turned to a rather unusual source to obtain the money she needed to hire an attorney: crowdfunding. Crowdfunding sites allow users to create a public webpage in which they detail how much money they would like to raise and for what purpose. People who view the page on through the crowdfunding website are then able to donate any amount they see fit toward the particular person and/or cause. In the case of this woman, a short time after she created her crowdfunding page, she had raised nearly one-third of the money she needed to retain an attorney.

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Important Time Periods for Divorces in Illinois

A well-known saying claims that “timing is everything.” This is certainly true in the context of an Illinois divorce. Built into the Illinois Marriage and Dissolution Act are specific time frames that must be complied with in order to obtain certain relief from the court hearing your divorce case. Failure to adhere to these time periods can result in a delay in obtaining your divorce or a dismissal of your case entirely.

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Service by Publication in a Divorce

Some divorcing spouses cannot wait to separate and move on with their lives, but most understand that it is necessary to let the other spouse know where they are initially living so that the divorce can be finalized. But what happens when your spouse disappears without leaving a forwarding address, telephone number, or other means of contacting him or her? Must your plans for divorce be put on the back burner if your spouse is missing in action?

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Grandparent Rights in Illinois

It is no longer uncommon for grandparents to have physical custody and provide care for their grandchildren when the parents are undergoing difficult times. Most grandparents have significant and loving relationships with their grandchildren, and grandchildren develop similar relationships with their grandparents. As such, it may come as a shock when the parents indicate they wish to relinquish their parental rights and put their children up for adoption. What (if anything) can a grandparent do to maintain physical custody of their grandchildren if the parents wish for their children to be adopted?

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After Divorce: Co-Parenting into a New School Year

Walk through any department store in the country and the reminders are everywhere. With ubiquitous commercials shouting from the television and printed circulars filling the mailbox, it seems the specials and sales start increasingly earlier every year. Yet somehow, the approach of a new school year still manages to sneak up on many families. Back-to-school season can present challenges to any family, but for parents who have gone through a divorce, there is much more to consider for their children as they start school this fall.

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Terminating a Child Support Obligation

If you have a child in Illinois and separate from the child’s other parent, one of you will be ordered to pay child support to the parent who has primary custody over the child. Illinois child support is calculated as a percentage of the payor parent’s take-home pay. The precise percentage depends on the total number of children the parents have in common (not necessarily the total number of children of the payor parent).

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Petitioning for Change in Child Custody

Few issues in an Illinois divorce are as contentious as determining which parent will have primary custody of the couple’s children following their divorce or legal separation. Even when this issue has been initially decided, custody can be an issue that is litigated over and over throughout the child’s youth. There are a variety of reasons why noncustodial parents seek to change custody orders:

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