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As of 2018, about one in four couples with one or more children were unmarried. There is simply less societal pressure for younger people to marry than there once was. Yet unmarried couples are still having children, which begs the question of whether unmarried parents have the same rights and responsibilities as married parents – or married parents going through a divorce.
When parents are unmarried, there may be questions and issues surrounding paternity, as well as questions regarding the allocation of parental responsibilities (custody), parenting time, and child support. Illinois automatically recognizes paternity if the mother and father are married, but the same is not true when they are not married. If you have questions or issues related to your rights and responsibilities as an unmarried parent, it can be extremely helpful to speak to an experienced Wheaton, IL family law attorney.
You may see your parenting plan as a general guideline rather than a legally binding contract with your ex-spouse. This belief can land you in trouble with your ex and with the court – which is never where you want to be. Consistently following your parenting plan not only provides your child with stability but also minimizes conflict between parents, setting the stage for a peaceful co-parenting arrangement.
Perhaps your ex is a "by the book" individual, while you believe that the rules of life – and your parenting plan – can be bent when necessary. These two disparate views of life may even be one of the reasons you are divorced. Even if you are not necessarily a rule follower, this may be one area of your life that you may want to adjust your thinking.
If failing to stick to the parenting plan is resulting in arguments between you and your ex – or if you are following the parenting plan but your ex is not – it could be time to speak to an experienced Wheaton, IL family law attorney.
Suppose you are in the middle of a divorce from your spouse – an already stressful situation – and you lose your job. Suddenly, your stressful situation just became more complex and anxiety-inducing. You will certainly wonder how the loss of your job will affect the issues being decided during your divorce, including marital asset division, spousal maintenance, and the allocation of parental responsibilities.
You will need to immediately inform your divorce attorney and your spouse about the loss of your job. The circumstances around the loss of your job will have an impact on how it affects your divorce issues. An experienced Wheaton, IL family law attorney can help you determine how your job loss will affect your divorce and what steps you need to take to minimize any adverse effects.
If you have made it through your divorce to the final divorce decree and settlement orders, you may be feeling relief that the ordeal is over and a new chapter in your life can begin. Divorce agreements are meant to provide clear rules for spousal support, the division of assets and debts, and the allocation of parental responsibilities and parenting time.
A parenting plan that is even more detailed is also included. You assume everything from here on out will be smooth sailing, only to find out it is nothing of the sort. What happens when one spouse refuses to follow court orders? Perhaps your spouse is not paying child support or spousal support as ordered or refuses to bring the children back on time as agreed in the parenting plan.
Maybe he or she was ordered to sell the marital home and split the proceeds, yet nothing is happening in that area. What should you do? The better question may be, what can you do, legally, to force your ex to abide by court rules? This is a situation that will definitely benefit from having a knowledgeable Wheaton, IL family law attorney as your advocate.
Sometimes, a parent may be so focused on what he or she believes is best for a child during the allocation of parental responsibilities that it is difficult to understand a judge making an entirely different decision, calling it "in the best interests of the child." While custody issues are certainly emotionally charged for all those involved, family court judges must make difficult decisions regarding what is truly best for the child.
Each parent may be basing his or her wishes about child custody on the marriage itself rather than what kind of parent the other spouse really is. In short, it can be easy to lose sight of what is in your child’s best interests when you and your spouse are battling to the death about every other aspect of your divorce.
So, even though you might be happy if your child never saw your soon-to-be ex again, a judge may have a more impartial view of the situation. If you are currently facing a parental responsibilities issue or have other family law issues, you could benefit from speaking to an experienced Wheaton, IL family law attorney.
When a child resists or refuses contact with a parent following a divorce, the cause could be difficult to determine. If the child is refusing contact because of parental alienation, this is a very serious issue that can potentially result in a change to custody (the allocation of parental responsibilities). This is because an alienating parent is perpetrating a type of psychological abuse on the child when deliberately convincing the child that his or her other parent is "bad" or is wholly responsible for the divorce.
If parental alienation is not the reason the child is resisting or refusing contact with a parent, then the reason must be determined. The age of the child and the reason for the refusal will have some bearing on whether a judge will force the child to engage in parenting time. If you are experiencing a similar situation, speaking to a knowledgeable Wheaton, IL family law attorney can be extremely helpful.
After a divorce in Illinois, you may be responsible for continued child support payments. Depending on your family’s circumstances, you might be paying for longer than you think. If you have any concerns about how child support will be allocated, a skilled Wheaton, IL family law attorney can give you an honest assessment of your circumstances and advise you during key decisions in a divorce.
Davi Law Group has experience handling complex divorce issues and we are prepared to advocate for your financial interests with regard to child support. Attorney Dion U. Davi has been practicing family law for over 20 years, focused on providing effective legal solutions to his clients.
In most cases, child support in Illinois is terminated when a child turns 18. However, if a child is still in high school by the time he or she turns 18, child support payments will persist until graduation or by age 19, whichever comes first. At that point, the child is considered emancipated by state law, deemed financially independent, and responsible for his or her own decisions.
When a divorce turns bitter, the ensuing negotiations can become complicated very quickly. In the dissolution of a marriage, both spouses will have to disclose their assets to be appraised and divided up equitably. However, in some cases, one spouse might intentionally waste marital assets, an illegal act referred to as dissipation. If a judge finds that you have been made the victim of your spouse’s dissipation, you could be entitled to a greater share of assets in the divorce.
If you believe that your marital assets are being dissipated, you can take legal action to protect your financial interests. A DuPage County, IL family law attorney can help you uncover evidence and see that you are justly compensated for your losses. The lawyers at Davi Law Group are ready to hear your concerns and work towards the best resolution for you.
Divorces 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.
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.
In 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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