Illinois has become the next state to take part in a program that works to facilitate the process for families that are adopting children from out of state. Called the National Electronic Interstate Compact Enterprise project (NEICE), this program is designed to minimize the period of time that children are in foster care and assist them to seek out families that want them in other states. Illinois’ Department of Children and Family Services (DCFS) was the latest organization across the country to join the project.

Domestic violence against family members or a loved one is one of the most difficult issues to handle in family law. However, if you are a victim of this type of abuse the law provides protection from your offender in the form of an “Order of Protection.” This court order prohibits an attacker from coming near or making any type of contact with you for as long as the order stands.

The need for a guardian typically arises when the parents of a child have died or are no longer able to provide proper care. Guardianship appointments for minors are handled by the state probate court, and the rules regarding guardianship are defined within the Illinois Probate Act. The law provides for different types of guardianship appointments, each with its own set of guidelines, restrictions and terms.

Joint custody and sole custody are two terms that are commonly discussed during a divorce case when a child is involved. However, many parents are unaware of what each term entails and how each can impact visitation, decision making ability, and support following a divorce.

When a couple divorces and children are involved, there is a lot of discussion that goes into the tax implications of custody and support. However, the tax consequences of every aspect of divorce should be considered, especially when it comes to businesses and real estate. The division of income producing property, businesses, and real estate can have significant impacts on the final division of assets and liabilities in a divorce.

Despite court and family efforts, there are times when it is in the best interests of a child to terminate a parent’s rights. This means that a parent will no longer be legally responsible for a child, does not have to pay child support, and cannot make any decisions regarding a child’s welfare. However, Illinois has a fairly unique and strict set of rules regarding when one parent is allowed to petition for the termination of the other parent’s rights. 

Children of divorce cannot freely travel between states like the children of married parents. Custodial parents who wish to move their child outside of the state, or even remove them temporarily, must get permission from the court first. In addition, the parent must demonstrate to the court that the removal is in the best interests of the child or provide some type of guarantee that the child will return.

Very few divorce cases are uncontested, where the divorcing couple agrees on all aspects of the split. In a contested divorce, the spouses have a couple of options when deciding how to resolve their issues. One option is to litigate the matters, but another viable option for divorcing spouses is through mediation. 

The Illinois Department of Child and Family Services (DCFS) handles all cases involving allegations of child abuse or neglect in the home. Any person can report suspected abuse or neglect to the DCFS, and they have the right to investigate the case in addition to removing a child from a home. Every child protection case in the state follows the same timeline, so you can know what to expect as the case moves forward. 

Along with the division of assets and spousal support, if children are involved, a final divorce decree also includes a child custody agreement and an order for child support. The purpose of child support is to protect the best interests of a child and provide support to the parent with primary custody.

Paternity refers to the relationship between a child and his or her legal father. A father, mother, and child can all benefit from establishing paternity, which gives a legal father rights and responsibilities regarding a child. It is important to note that the legal father of a child does not need to be the biological father, and Illinois law provides for many different ways that a mother or potential father can establish paternity.

As part of any divorce settlement where children are involved, a child visitation schedule details when a child should spend time with each parent. However, sometimes one parent does not wish for their child to see the other parent and will deny him or her the right to see the child. Known as visitation abuse, a parent cannot be legally kept from their child when a custody schedule is set by the court, and there are legal remedies available to help.