Category Archives: Wheaton Divorce Attorney
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:
Property Division or Custody Dispute: Who Gets the Embryos?
An old country song wonders, in the event of a breakup, “Who gets the family Bible?” The country crooner and his ex may have been experiencing a genuine property division dispute. In our modern times, however, property division disputes have become much more complicated in some cases. For example, where a couple plans on having children in the future and embryos are frozen in anticipation of a future family, who gets the embryos – the couple’s planned family – if the couple divorces or separates? Several states are now grappling with this question.
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Can an Adolescent’s Emancipation Status Be Reversed?
Once a minor is emancipated, he or she cannot revert to un-emancipated status. As a legal adult, the young man or woman is no longer entitled to parental support and will not be except for in rare circumstances. In these cases, the court may require the parents to continue to partially support the young man or woman, but generally, emancipation means the termination of the parents’ financial obligation to their child.
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How Do Visitation Rights Work?
Child custody and visitation arrangements can be complex in the best of circumstances, especially if you do not understand the new dynamics of your family structure. Whether you have agreed to this arrangement, or a court has ordered it, it is important to understand how visitation works.
Child Custody and Moving out of State
As a divorced parent, you have likely found that it is not always easy to make spur-of-the-moment decisions regarding your child. You need to work together with your child’s other parent to ensure that he or she has all of his or her needs met while maintaining relationships with each of you. This would not be a problem if our lives remained static; however, the reality is that you will need to compromise with your former spouse and abide by court rules for your child’s sake.
Temporary Custody Agreements during Your Divorce Proceeding
Under the Illinois Marriage and Dissolution of Marriage Act, a divorcing parent has the right to seek a temporary custody order for his or her child while he or she works through the divorce process. A divorce can take up to six months to complete from its initial filing to its final settlement. During this time, a temporary custody order provides a framework for the couple’s child’s care and a stable household for him or her until a permanent custody arrangement is developed.
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Reasons for Divorce: Knowing When Divorce is the Best Option for You
It can be overwhelming to think you might be facing the end of your marriage. When you took your vows, you promised to be together for the rest of your lives. But now, months, years or even decades later, you find yourself unable to relate to your partner and ultimately, unhappy in your marriage. You are not a failure. Your partner is not a failure. People change as they mature and sometimes, spouses make mistakes that break their marriages beyond repair. When you are at this point in your marriage, it is often healthiest for all parties involved for you to seek a divorce.
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Cohabitation: What Are My Rights?
It has become very popular in recent years for unmarried couples to live together. This is known as cohabitation. Some cohabitating couples opt to get married after living together for a few years. Others choose to end their relationships and move on separately, which can create confusion about personal property and its division among unmarried partners.
Children and Divorce: How to Help Your Child Work through Your Marital Breakup
Divorce is hard for families. Amid discussions of property division, alimony, new living arrangements, and changing relationships, children can feel like they have lost control of their lives. This can lead to feelings of anger, sadness, anxiety, and even regret and guilt for some children. During this difficult time, your children need your support more than ever. Be there for them as you and your spouse work through your divorce and move forward with your changed lives.
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Adoption: Rights to Your Birth Certificate
If you were adopted or one of your parents was adopted, you might be interested in your biological relatives. Though you may love your adoptive parents or grandparents, there may be a question in the back of your mind regarding those to whom you are related. Or, you may wonder about your genes, family illness or history. You can find this out by requesting a copy of your original birth certificate, which may even put you in direct contact with biological parents, depending on their wishes.