Family law is a broad area of the law with many subsections. However, some issues are more common and complex than others. Learn more about the most common and currently emerging family law courts, and discover how our seasoned Wheaton attorneys can help you manage them and mitigate against any complications that you may be facing in your Illinois family law case. 

Divorce and Legal Separation 

Statistics indicate that the divorce rate has been dropping over the last several years, but it continues to be one of the more common family law matters, both in Illinois and nationwide. Legal separations, though less common than divorce and perhaps even some other family law issues, are also frequently seen issues in family courts.

Child-Related Matters

Child matters are also extremely common in family courts. They include:

Although spousal abuse and child abuse are unfortunately all too common, there are some situations in which false allegations are made. If you have found yourself facing a legal custody battle based on made-up accusations, you will definitely want to seek the advice of a knowledgeable family law attorney. 

Steps to Take

A disgruntled spouse or ex-spouse may think that accusing the other party of abuse will help win a custody case, even if nothing of the sort ever actually happened. They may involve DCFS, or they may go straight to the court. In these cases, it is of utmost importance that you remain calm and cooperate with any investigations that may take place. A judge will most likely try to err on the side of caution where a child is involved, but at the same time, courts are not willing to take away parenting time without clear, just cause. The worst thing you could do during this time is lose your cool. That is why it will help to have legal counsel for advice and to give you confidence in your case.

It will also be valuable to you if you can gather evidence and witnesses to vouch for your reputation. Friends, neighbors, family members, or others who have spent time with you and your children may be willing to testify, whether it be to DCFS, a Guardian ad Litem, or in court, that they have seen you treat your children well and have not seen any signs of abuse. These witnesses can be great resources in your case.

While many families cherish the relationship between grandparents and their grandchildren, there are exceptions. Whether a parent has personal issues with the grandparents or truly has reason to believe that the grandparents are a danger to their children, there are certain conditions in which contact between children and their grandparents may have been terminated. There are also situations in which grandparents may feel that children are better off with them than with the actual parents. However, there are specific necessities laid out by Illinois law that dictate whether grandparents can legally pursue visitation or custody rights.

According to the American Academy of Matrimonial Lawyers, Illinois Chapter, the state of Illinois is very “pro-parent” and “anti-grandparent.” The rules for grandparents seeking visitation rights are fairly strict. The first prerequisite is that the parent or parents’ refusal of grandparent visits must be without good reason.

How to Know if You Have a Case

Aside from showing that parents have unfairly cut off your contact with your grandchildren, your case will need to meet one of the following conditions: 

Parents and guardians who experience an investigation from the Illinois Department of Children and Family Services (DCFS) are often caught in a whirlwind of emotion. Worry, fear, and anxiety may plague them both night and day. Little can be done to truly ease these worries, but with proper legal representation and an in-depth understanding of your rights, it is possible to increase your family’s chances of a favorable outcome during a DCFS investigation.

An Overview of the DCFS Investigation Process

DCFS investigations can occur for a number of reasons, but they tend to fall into one of three categories: abuse, neglect, or dependency. These are defined as follows: 

Abuse and neglect cases: Can be filed, even if only one parent is thought to be abusive or neglectful to the child. Cases may also be filed based on what is known as “anticipatory neglect,” in which children are considered to be at significant risk of abuse; and 

Children often feel the pain of a divorce, no matter what time of year it is, but the holiday season can be especially difficult for those who are trying to adjust to a new way of life. Days previously spent together, happily planning family events, wrapping gifts, or attending holiday parties together can become a sad reminder of all that the child has lost. Not all is lost, however. In fact, parents can help their child find and experience joy during the holidays, even if they are in the throes of nasty divorce. Best of all, divorcing parents can use the following co-parenting strategies, long after the decorations have been packed away, as these tactics can benefit a child of divorce, all year-round. 

Focus on Your Child Instead of Your Ex-Spouse 

Parents are encouraged to focus their energy on their child, rather than their ex-spouse, during the divorce process. Concerns over your ex’s personal life, fighting over parenting matters or marital assets, and worrying about whether your child misses you while spending time with their other parent can hurt more than just you and your spouse; such behaviors can also cause your child to feel as though they are trapped in the middle of the divorce, or that they must “choose sides.” Focus on celebrating your child’s time with their other parent, keep conversations about the divorce private, and focus on rebuilding and reinventing your own life and not only are you likely to be happier, but your child is likely to be as well. 

Consider Using Neutral Ground for Family Traditions

Family traditions do not have to fall completely to the wayside, just because you are divorcing your spouse, but if spending a few hours alone with them in the presence of your child does not feel like a possibility, you may be at a loss for how to move forward. Some parents choose to continue their usual family traditions on neutral ground. For example, if you typically open gifts together on Christmas morning, you might consider if it would be possible to meet and open gifts at a family member’s house. Changing traditions in this way not only allows your child to share important moments with both parents, but it shows your child that you and your ex-spouse are willing to work together as a cohesive parenting team, rather than sworn enemies.