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Recent Blog Posts
What are Grandparent Rights in Illinois?
Grandparents are integral parts of any family. They offer advice and insight to parents who are raising their own children.
They also can overly spoil their grandchildren with affection, attention and love. And in some cases, the grandparents have a limited legal right to visitation of their grandchildren in Illinois, especially when the parents divorce.
There are certain requirements that must be met for an Illinois court will grant visitation to grandparents. The first is that the children must be at least one year old. The other requirement is that one of the following circumstances must exist:
- One of the parents of the child has been confirmed to be unfit or incompetent
Bill Anticipated to Increase Foreign Adoptions
The current lawmakers in Washington DC have been historically slow in creating new laws. There has been too much conflict between the liberals and conservatives on the hill. But a new law that has been proposed looks to unite both sides of the aisle with an issue that is beyond politics. That bill is called the Children in Families First or CHIFF Act. The bill was introduced by State Representatives Kay Granger(R-TX) and Karen Bass (D-CA). Granger said that “every child deserves a family. Parents looking to adopt internationally are already at the mercy of complicated adoption bureaucracies abroad. They shouldn’t have to deal with similar costs and delays here at home. Without increasing spending, the Children in Families First Act helps loving families navigate the adoption process and welcome new additions to their homes.” Overall, foreign adoptions have declined over the years. Almost 23,000 children were adopted internationally in 2004. That decreased steadily to below 9,000 in 2012. There are certain reasons for the decrease as some countries do not allow children to be adopted by Americans. In other countries, the rate of domestic adoptions has increased which also means that fewer children are able to be adopted by Americans. One of the proposed results of this bill is the creation of a new bureau in the State Department whose would work with other countries to place children with families. This would be accomplished with adoption, or family reunification or kinship care. Instead of allowing children to languish without the love of a family, CHIFF hopes to support an increase in international adoptions. There are plenty of children that need loving families. If you have decided that your family is prepared to love a child in need, then you should contact a family law professional who has experience in this process. Contact a knowledgeable family law attorney in DuPage County who can help you add more love to your family.
The Process and Benefits of an Uncontested Divorce
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Healing After Divorce: It is Possible!
Divorce can be an emotional and heartbreaking experience for a family or individual. However, a new study, published in the Journal Social Psychological and Personality Science, suggests that individuals who have endured hardships, like divorce, are more appreciative of the good things in life. The authors of the study note, “The worst experiences in life may come with an eventual upside, by promoting the ability to appreciate life’s small pleasures.” Conducted by Alyssa Croft, Elizabeth W. Dunn and Jordi Quoidbach, their research reveals how “individuals who had dealt with more adversity in the past reported an elevated capacity for savoring.” However, of the 14,986 adult participants, those who were in the midst of a crisis reported a decrease in tendency to savor positive events. While it is natural to feel down when going through a crisis, this study confirms that an appreciation for life is built through these experiences, and that there is hope for moving on. For those struggling to heal and move on, Terry Gasbard, a licensed clinical social worker and college instructor, offers six suggestions. Gasbard’s analysis begins with assuring divorcees that it is normal to be affected by emotional reactions caused by the ending of a relationship, and that despite the divorce, those individuals are still worthwhile and do not have to allow the end of their love relationship to define their self-worth. She states, “No person can complete you.” She also suggests allowing proper time for healing and staying open to “new experiences, hobbies, or interests” that could not pursued prior to divorce. Finally, she suggests forming supportive relationships. Gasbard says, “Being with people who accept and support you can help ease feeling of rejection. Get energized by the possibilities ahead for you.” If you are struggling with divorce in Illinois, please know you do not have to go through it alone. Contact an experienced DuPage Family Law Attorney who will compassionately guide you through the legal process.
Stepparent Visitation in Illinois
The bond between a stepparent and child can often be just as strong, and in some cases stronger than, the bond between the child and their biological parent. The state of Illinois understands this fact; if you are a stepparent who is considering filing for divorce in Illinois, you are entitled to visitation with your stepchildren, provided certain criteria are met.
Illinois family law 750 ILCS 5/607 allows a stepparent visitation rights with their stepchildren in cases where the court determines it is in the best interest of the child. A petition for stepparent visitation rights may be filed if:
- The stepchild is at least 12 years of age
Annulment in Illinois: The Basics
Rather than get a divorce, some married couple decide to go down the path of annulment. Annulment in Illinois is defined as “a declaration of invalidity of marriage.” If a marriage is annulled, it is no longer recognized by the state as valid. Rather than ending a marriage, as divorce does, an annulment essentially erases the fact that there ever was a marriage.
Here in Illinois, there are only four grounds for the annulment of a marriage. They are as follows:
- A party was under the legal age at the time of the marriage and did not have the consent of a parent or guardian, or judicial approval
Guardians ad Litem: Someone Must Think of the Children
Divorce is a fact of life for many Illinois residents. What many do not consider is that while the spouses have chosen to end their marriages, the children of these marriages do not have a choice in what goes on. Yet divorce still affects children just as much as adults. Perhaps more so because they lack the experience and knowledge to fully comprehend the situation.
Because of this, Illinois law has a provision that allows for someone to represent the child in the divorce proceedings. Upon motion by either party to the divorce, or upon motion of the court, either an attorney for the child, a child representative, or a guardian ad litem will be assigned to the child or children in the case. Each position is subtly different, but the goals are the same: to protect the best interests of the child.
Protecting your Children during Divorce
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How to Talk to Your Children About Divorce
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Historic Gay Marriage Bill Likely to Pass Within the Month
The Washington Post reported that, on November 5, the Illinois House of Representatives passed House Bill 5170 which, if signed by Governor Pat Quinn, will create the Illinois Religious Freedom and Marriage Fairness Act. Under this Act, all Illinois state laws that apply to marriage will apply equally to marriages between two people of the same sex as to marriages between two people of different sexes. According to the Post, an aide to Governor Quinn stated that he would sign the bill within the month.
Illinois Religious Freedom and Marriage Fairness Act
Before June 2011, same-sex couples were not entitled to the same marital rights as different-sex married couples. Under the law, married couples in Illinois received all protections that come to mind when imagining marriage: visitation rights in hospitals, survivor benefits in jointly-held property, and parental rights in children. Same-sex couples, on the other hand, were not merely prevented from obtaining these rights through marriage, they were expressly forbidden. The current Illinois Marriage and Dissolution of Marriage Act prohibits “a marriage between [two] individuals of the same sex.” The current Act even goes so far as to outright declare that “[a] marriage between [two] individuals of the same sex is contrary to the public policy of” Illinois.
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