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Recent Blog Posts

When Do You Need a Guardian Ad Litem in Illinois?

 Posted on December 12, 2024 in Divorce

Wheaton, IL Family Law AttorneyDivorces with children are often challenging and emotional for a family to reckon with. Parents may have conflicting plans for their children, pulling children in two different directions over issues of parenting time and decision-making responsibility.

In cases like these, the courts may decide to appoint a guardian ad litem, a special legal representative who is obligated to act in the child’s best interests. If you require the services of a compassionate advocate, the DuPage County, IL family law attorneys at Davi Law Group are certified GALs who can protect your children during an ongoing divorce.

What Does a Guardian Ad Litem Do?

The role of a GAL is to act as an unbiased third party who makes recommendations to the court based on the child’s best interests. This involves gathering information about the child’s home life by interviewing both parents and speaking with the child directly. One or both parents can hire a GAL to perform this duty, or a court may appoint one on the child’s behalf, in which case a judge will decide how the cost of a GAL’s services will be split between the parents. During this investigative process, a GAL will visit the homes of both parents, sometimes unannounced, to get the most complete picture of the child’s everyday life.

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The Biggest Factors Leading to Sole Custody in Illinois

 Posted on December 05, 2024 in Child Custody

Wheaton, IL custody lawyerIn the proceedings of a divorce, the question of child custody is one of the most pressing issues a couple can fight over. In most cases, parents can work out an amicable schedule that allows for reasonable parenting time; they may even agree on a joint custody agreement that allows the child to go between houses. However, in some cases, a judge may decide to grant one parent exclusive custody over the child or children, known as sole custody.

The allocation of parenting time and responsibilities is not taken lightly in Illinois. In general, judges prefer for children to have an ongoing relationship with both parents: however, if one parent is proven unfit, the court may ultimately decide to entrust the other parent with raising the child. Below is a non-exhaustive list of factors that could result in one parent being granted sole responsibilities over a child. Whether you are looking to acquire sole custody or contest it, a Wheaton, IL family law attorney can work hard to reach an acceptable solution.

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Stepfather Adoption with No Known Biological Father

 Posted on November 27, 2024 in Adoption

DuPage County, IL Stepparent Adoption LawyerIt can be incredible for a child to know that his or her stepfather wants to adopt and make their father-child relationship official. In Illinois, the adoption process can be straightforward, but it can also become complicated when the biological father is unknown.

In such cases, adoption can still move forward, but important legal steps are necessary to ensure everything is done correctly. If you want to adopt your stepchild and there is no known biological father in the picture, speak with a qualified Wheaton, IL adoption lawyer to understand your options.

Is Paternal Consent Required for Adoption?

When someone in Illinois wants to adopt a child, both biological parents typically need to give their consent. Naturally, it is fairly easy to identify a biological mother, but it is not always so clear-cut with fathers. The adoption process can be different when the biological father is unknown or uninvolved in the child's life.

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If I Get Laid Off, Can I Stop Paying Child Support in Illinois?

 Posted on November 20, 2024 in Child Support

Wheaton, IL Family Law AttorneyLosing your job can be a very stressful experience. If you have financial obligations like child support, it can be especially overwhelming. While you might want to stop paying when finances are a concern, your child support obligation does not end just because you lost your job.

If you decide on your own to stop making child support payments, there could be severe consequences. A seasoned Wheaton, IL family law attorney can explain what might happen if you stop paying and help you seek court approval to modify your agreement.

What Happens if I Stop Paying Child Support?

In Illinois, child support is typically determined by the court during divorce proceedings. The court order includes the specific amount one parent needs to pay the other to cover costs related to raising their child.

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Are Stay-At-Home Parents at a Disadvantage in an Illinois Divorce?

 Posted on November 14, 2024 in Divorce

Wheaton, IL Divorce LawyerThere is no one right way to live life. Some people spend their adult years traveling the world or building a rich social life, some are more focused on advancing their careers, and others concentrate on raising a family. These choices are inspired equally by a person’s wishes, unique background, and financial circumstances.

With so many options to choose from, it is no wonder that people who get divorced can be in very different situations. Divorce can be very different for a couple where both spouses have high-powered, lucrative careers than for a couple where one spouse is a stay-at-home parent. There are common misconceptions that homemakers are at a disadvantage in an Illinois divorce, but the truth is every single couple’s divorce is unique to the spouses and their specific situations. An experienced Wheaton, IL divorce lawyer can review your case and help you set realistic expectations.

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DCFS Was Called On Me. What Should I Do?

 Posted on November 06, 2024 in Family Law

DuPage County, IL Family Law LawyerPeople often call on the Department of Children and Family Services (DCFS) if they are concerned for a child’s safety. Sometimes, their concerns are unfounded and based on wrong or lacking information. While parents can find it overwhelming and stressful to deal with DCFS showing up at their home and investigating claims of abuse or neglect, they still have rights. If you are in a situation like this, speak with an experienced DuPage County, IL family law attorney to understand how to protect yourself.

What Does DCFS Do?

DCFS is a state agency that handles adoption and foster care cases and investigates accusations of neglect or abuse. It has a hotline that is open 24/7 that anyone can call if they want to report concerns about child neglect or abuse. If someone is worried that an adult responsible for taking care of children deprives them of their basic needs or mistreats them in a way that could lead to physical harm, DCFS investigates those suspicions.

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Should I Request a Psychological Evaluation in my Illinois Divorce?

 Posted on October 29, 2024 in Child Custody

Wheaton, IL Psychological Evaluation LawyerWhen parents get a divorce, it can be physically and emotionally challenging for them to split custody. Parents often want the ability to help their children start their day every morning and tuck them into bed every night. Even if something keeps them from being with their children whenever they want, the idea of limiting their parenting time can be difficult to handle.

Beyond wanting their child with them as much as possible, some parents fear that he or she will not be safe. Whether the other parent lacks the ability or desire to provide the child with a safe and healthy environment, or there are concerns about violent tendencies or mental illness, these worries are distressing. If you suspect that your children will not be safe or properly cared for with their other parent, speak with an experienced DuPage County, IL child custody attorney about whether it makes sense for you to request a psychological evaluation.

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My Ex Is Not Holding Up His End of Our Settlement. Now What?

 Posted on October 22, 2024 in Divorce

Wheaton, IL post-decree enforcement lawyerWhen a couple gets divorced, they end their proceedings with a settlement that details exactly what is expected of each spouse. It outlines their parenting plan, spousal maintenance payments, division of property, and every other aspect of how their lives will proceed once the marriage is over. When one ex stops holding up their end of the deal, it can be extremely distressing for the other. 

A recent case of a local man being held in contempt and jailed for two years for not paying his ex what he was ordered to pay in the divorce has highlighted just how serious the implications can be. If your ex is failing to comply with the terms of your divorce settlement, contact a knowledgeable DuPage County, IL family law attorney to review your options for enforcement.

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What Options Are Available for Divorce in Illinois?

 Posted on October 12, 2024 in Divorce

Wheaton, IL divorce lawyerOne thing that can unite all people is the fact that every one of us is different. No one is exactly alike, which is why every marriage has a unique dynamic and every divorce can be distinctive. Luckily, Illinois law recognizes that one type of arrangement would not suit every couple looking to end their marriage. This article will examine different divorce options available in Illinois. If you and your spouse are considering divorce, speak with an experienced DuPage County, IL divorce lawyer to review your options and discuss which one best suits your particular needs.

What Is Contested Divorce?

This is one of the most common types of divorce. Spouses are not in agreement about one or more aspects of their separation. They each have their own lawyer who accompanies them as they negotiate till they have a finalized settlement. Since the process differs for each couple based on the specific issues they disagree about, contested divorce generally takes at least six months to finalize but can take much longer.

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Why Would Someone Opt for Legal Separation Over Divorce in Illinois?

 Posted on October 04, 2024 in Family Law

DuPage County legal separation lawyerWhile most people dream of finding someone they can have their "happily ever after" with, not all marriages last forever. Since all people are different and unique, it makes sense that divorce might not always be the best option for every couple that wants to end their marriage. Depending on various factors and circumstances, legal separation might be a much more fitting option. If you and your spouse are considering ending your marriage but are not sure about divorce, speak with an experienced Wheaton, IL family law attorney to see whether legal separation could suit you better.

Why Not Divorce?

Even if staying together seems impossible, there are several reasons why divorce might not be feasible for a couple. Some include:

  • Religious beliefs that oppose divorce

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