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American families look quite different today than they did just a few short decades ago. In fact, recent studies have determined that approximately half of all families are blended, meaning there may be step-parents, step- or half-siblings, or any combination of the three. Some of these blended families co-parent with the biological parent (and perhaps the biological parent’s partner), but others find that a stepparent adoption is more appropriate for their situation. Learn more about the process, including how to determine if this may be an option for your family, and discover what an experienced attorney can do to help in the following sections.
Is Stepparent Adoption a Viable Option for Your Family?
Illinois state law does not allow a child to have three legal parents, so stepparent adoption may not be appropriate in every situation. Typically, they are reserved for situations in which one of the biological parents is deemed unfit or unsafe, but a stepparent adoption can also be pursued if the biological parent is uninterested in maintaining a relationship with the child. In the latter situation, parents and adopting step-parents must understand that consent—usually from the biological parent that would be relinquishing or losing their rights, but also sometimes the child, depending on the circumstances—is a critical element in stepparent adoption cases.
Parents who receive child support often rely on it to ensure their child’s needs are met. What happens, though, if the paying parent falls behind or refuses to make their payments? Besides placing a financial strain on the receiving parent, and potentially the child as well, the paying parent then becomes delinquent on their support. If that support is paid under an existing order with the courts, the receiving parent also has recourse for pursuing their overdue support. Learn more, including when the assistance of an experienced family law attorney may be necessary.
Determining How Much Support is Owed
Before pursuing overdue child support, a receiving parent is encouraged to first determine how much support is owed. If the payments are made through the State Disbursement Unit (SDU), the parent can request payment records directly from SDU. Parents who receive their payments directly through the courts can request such records from the circuit clerk. If payments are made directly to the receiving parent, they must bear the burden of proof in court, meaning they must supply the court with evidence that proves the child support payments were never made.
Unmarried fathers often assume that an agreement with the mother, and perhaps some financial assistance, will satisfy their desire to be a part of the child’s life. Sadly, this is rarely the case. Relationships break down, and issues along the way may jeopardize a father’s time and say-so in the child’s life. Thankfully, there is a way to protect all your fathers’ rights. Learn more in the following sections, including how an experienced attorney can help.
Legally Establishing a Father’s Rights
Although fathers can sign the Voluntary Acknowledgement of Paternity (“VAP”) to have their name placed on the birth certificate, it does not establish the father’s rights to spend time with the child, nor does it give them any decision-making power in the child’s life. Only a judge can provide these rights. As such, fathers are encouraged to seek legal rights over their child, even if their name is on the child’s birth certificate.
Even in the simplest of cases, divorce can be a complex matter. If you add in assets that are difficult to divide, such as a retirement account or pension plan, the process can become even more difficult to effectively navigate. Thankfully, divorcing parties can improve the outcome of their case by ensuring they have the assistance of a seasoned divorce team on their side. Learn more about retirement plans in divorce, including the importance, challenges, and risks completing a qualified domestic relations order (QDRO) with help from the following information.
What is a QDRO?
Most often seen in divorce proceedings, qualified domestic relations orders are used to instruct the plan administrator on how the benefits of a retirement plan will be paid to a non-employee (the spouse of an employee). Required only in ERISA-qualified plans, these documents are complicated and subject to approval from the administrator. There are also federal regulations that must be adhered to and tax consequences that one must consider when completing their QDRO. As such, individuals are discouraged from pursuing a QDRO without the assistance of an experienced legal professional.
Parents are not the only influential people in a child’s life; grandparents can have a lasting and loving impact as well. Sadly, there are situations in which a grandparent may be denied time or visitation with their grandchild. What rights might you have while facing such a situation, and how can you exercise them? The following information explains, and it outlines how an experienced family law attorney can help.
Grandparent’s Rights Under Illinois Law
While Illinois law does recognize the importance of a child’s extended family – especially during divorce and other family law proceedings - not every grandparent has legal rights to exercise. Thankfully, there are certain extenuating circumstances that may open an opportunity to pursue legal rights to a grandchild. These situations include:
One of the most commonly asked questions for people considering bankruptcy is, "what is a bankruptcy discharge?" A bankruptcy discharge is a court order that makes previously charged debts permanently unenforceable, effectively wiping the slate clean. The debtor becomes no longer responsible for the payment. As an additional benefit, all harassing calls, letters, and other forms of communication from creditors attempting to collect the money must stop. If collection attempts continue, creditors risk being in held in contempt of court and face potential punishments.
Are All of My Bills Dischargeable?
Not all debts discharge. Some obligations remain valid even after the completion of the bankruptcy process. Eligibility for payment discharge depends on the chosen bankruptcy chapter. Typically, Chapter 13 has a broader range of dischargeable payments. The following expenses are commonly non-dischargeable:
Terminating a parent’s rights to their child is not something that occurs regularly, but it is sometimes necessary to ensure the safety and well-being of the child. How, exactly, does one go about doing this? Can it be applied in all situations, or are there only certain scenarios in which a parent’s rights can be terminated? The following answers these questions, and it provides important details on how an experienced family law attorney can assist you with the process, should it be warranted in your case.
Terminating a Parent’s Rights for Stepparent Adoption
Perhaps the best scenario in which a parent’s rights may be terminated is when there is a prospective adopting stepparent who wants to become the child’s legal guardian. Mostly, this is done with the consent of the biological parent. However, there are scenarios in which the family must go through the courts to prove that the biological parent is unfit, unsafe, or otherwise incapable of providing the love and support that the child deserves. In either scenario, the guidance and assistance of an experienced attorney is highly recommended. Note that grandparents, siblings, and other family members may adopt a child if both parents are willing to terminate their parental rights.
When parents file for divorce, they are required to complete a parenting plan that outlines their wishes on parenting time and the allocation of parental responsibilities. Of course, since every family is unique, each parenting plan is (and should be) different. However, these variances in needs, desires, and circumstances can make what sounds like a straightforward process rather complicated. Learn how to make the most of your parenting plan by adopting some creative parenting plan solutions that may address your family’s unique needs.
Consider Your Child’s Age
Perhaps one of the biggest mistakes that parents make when designing their parenting plan is not taking their child’s age, activities, or personality into account – yet these factors can greatly influence their specific needs. For example, it might make sense for an infant who has spent most of their life with a stay-at-home parent to have more parenting time with that individual. However, child mental health professionals typically recommend more frequent transitions for extremely young children, as they need a great deal of time with both parents to ensure proper bonding. Depending on your situation, a two day stay with one parent, a two day stay with the other parent, and three days back with the first may be appropriate until the child is a bit older. At that point, the family may want to consider going to a 2-2-5 parenting arrangement.
During an Illinois divorce, a couple’s debts and assets are valued, summed, and then equitably divided. Of course, some assets are far easier to split than others. Take, for example, vehicles. Most couples have two – one for each spouse. In divorce, each typically takes their own vehicle.
The family home is far more difficult to divide, for both obvious reasons and not-so-obvious ones. Businesses are also extremely difficult to divide in divorce. Learn more in the following sections, including how an experienced divorce attorney can improve the outcome of your case.
Dividing a Business in Divorce
Before a business can be divided, it must first be classified as either a marital or non-marital asset. (Note that it is rare for a business to be entirely excluded from the marital estate.) Like all other assets in a divorce, the business must then be valued. However, unlike with other assets, the valuation of a business is a complex and, in some cases, subjective.
Divorce is a complex and often emotional legal process – one in which the assistance of an attorney is highly recommended. Unfortunately, with all the choices that are now available, consumers often struggle to find the one that is most suitable for their situation. Learn why finding the “right” attorney for your Illinois divorce is so important, and discover some tips that can help with the selection process.
Strive for Balance Between Quality and Cost
Of all the concerns that divorcing parties have, those relating to cost are the most common. Understandable as that might be, parties should be careful to not let cost rule their decision – especially since many “discount lawyers” and “divorce mills” have little regard for the outcome of your case. Instead, do your research and strive to balance quality of the cost. Also, if you are afraid that you cannot afford the attorney of your choosing, discuss your concerns with them. Some may be willing to do payment plans, and in some situations, parties may be entitled to support from their spouse to cover any applicable legal expenses.
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