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Most children involved in child custody proceedings have at least one parent who is capable of and interested in caring for them. Custody battles are traditionally between two biological parents, but this is not always the case. In certain situations, an adult sibling may be able to petition the court for custody of a minor sibling. This is more likely to be the case when there is a significant age gap between siblings. Especially when younger siblings are at risk of being taken into state custody and placed into foster care, having an older sibling take care of them instead may be the better option. However, young adults who are considering trying to get cutody of their siblings should know that this is a major commitment. If you succeed, you will effectively become a parent to your younger siblings, so make sure you are absolutely ready.
As in any other child custody proceeding, the deciding factor will always be the best interest of the child involved. The court will only be willing to make you a guardian to your younger siblings if it thinks that doing so is the best option for the minors. Some things the court might consider include:
Being married to someone who is dependent on drugs or alcohol can be very difficult. People in active addiction put their substance of choice above everything else, including their spouse and children. Your spouse may have lost their job as a result of substance abuse. They may have been arrested. They could have become involved with criminals you would rather not be associated with. Whatever the situation may be, you need out of your marriage, and you need to get your children out. Getting a divorce from a spouse with substance abuse problems can be very difficult on a number of levels. You will need an attorney to help you take steps to protect yourself and your children during this difficult time.
As you have likely come to know, people who are in active addiction can be irresponsible. Your goal will need to be mitigating the damage their addiction has done to your life and your children’s lives. Some steps you may be able to take include:
Illinois courts use supervised visitation orders for a number of reasons. Often, this arrangement is temporary while parents have a divorce pending, or while a guardian ad litem is investigating an accusation made by one spouse. Even so, supervised visitation can potentially be uncomfortable for both you and your children. There are different levels and types of supervised visitation. Some parents are allowed to spend time with their children in the community, but with a designated chaperone present. Others must come to a visitation center to see their children. While it may take a little getting used to, this arrangement allows parents to maintain a strong relationship with their children despite an imperfect history or in some cases, a false accusation.
Many parents prefer this style of supervised visitation, as it can feel much more natural and offers a wider range of activities. If you have this type of supervised visitation, you may or may not be permitted to have your children in your home, so make sure you check with your lawyer first.
Savvy investors often buy one or more real estate properties. They rent the properties to tenants and receive rental income. While rental properties are a great way to earn passive income, addressing real estate property during a divorce is often complex. Many landlords are unsure of how rental properties will be dealt with during their divorce. If you or your spouse own one or more rental homes, speak to a divorce lawyer for help.
There are two main types of assets in an Illinois divorce. Marital assets are those assets acquired during the marriage. Separate assets are assets that a person owned before getting married, property acquired through inheritance, and property acquired through gift. If an asset is considered marital property, both spouses have a right to a share of the asset’s value. If an asset is non-marital, it belongs solely to the spouse who originally obtained the asset.
Ending a marriage means addressing several complicated issues, including marital property division and child-related concerns. Divorcing spouses in Illinois may use an alternative resolution method called mediation to discuss divorce issues and reach a resolution. Many people find that mediation allows them to avoid litigation and reach an out-of-court agreement that both spouses are happy with. However, mediation will only be successful if both spouses are committed to resolving disputes and willing to put in the effort needed to do so.
Divorce mediation almost always requires spouses to compromise on various issues. Before you start mediation, take some time to consider your priorities. What matters the most to you with regard to financial and child-related issues? What are you willing to give up? For example, you may be completely unwilling to consider a custody agreement that gives your spouse sole custody, but you are open to shared custody options. Maybe you are willing to move out of the shared marital residence, but you cannot bear to part with certain sentimental items or family heirlooms.
Divorcing spouses without children can walk away from the relationship after their divorce is complete. Even if they are subject to spousal support orders or other court orders, they are not forced to interact with each other the way divorcing spouses with children are forced to interact.
In a high-conflict divorce case involving children, parents are often unable to work together to raise children through a cooperative co-parenting relationship. Parallel parenting may offer an opportunity for high-conflict parents to reduce interaction and mitigate conflict while prioritizing their child’s best interests.
Research shows that conflict between parents has a profound effect on children’s development and wellbeing. Being exposed to parental arguments increases a child’s risk of developing depression, anxiety, and behavioral issues. Studies have found that high-conflict homes can even lead to reduced cognitive performance. Parallel parenting seeks to reduce the conflict between divorcing or divorced parents by reducing the amount of interaction between the parents.
In Illinois, physical custody of a child is called “parenting time.” When a parent has concerns about a child’s safety with the other parent, he or she may ask the court to impose certain parenting time restrictions. For example, a parent may request that the other parent’s parenting time be supervised by a third party. This is sometimes called “supervised visitation.”
If your child’s other parent or another party is seeking to restrict your parenting time, contact a child custody lawyer for legal advice and support specific to your situation.
Illinois law presumes that both parents are capable of providing a safe, loving environment for their children. The court only restricts parenting time if the court finds that unrestricted parenting time would “seriously endanger the child’s physical, mental, moral, or emotional health.”
In any divorce case, there are important financial issues to be determined. The spouses' assets and debts will need to be identified, classified, valued, and divided. Spouses may also be subject to child support and spousal support obligations.
If you are getting divorced, you may have questions about how your money and property will be dealt with. Specifically, you may wonder whether assets you received through inheritance are subject to division. Typically, inheritance is not divided between spouses in an Illinois divorce. However, as with many financial concerns during divorce, the answer is not always this straightforward.
In Illinois, property in a divorce falls into one of two categories: marital property and non-marital property. Marital property belongs to both spouses while non-marital property only belongs to one spouse. Typically, any asset or debt that a spouse earns during the marriage is classified as marital property. However, inheritance is an exception to this rule.
Being a stepparent can be challenging. However, it can also be deeply rewarding. Many times, a stepmom or stepdad becomes an essential figure in a child's life, acting as if he or she was the child's biological parent. However, stepparents do not have the same rights as biological parents. For example, if a stepparent divorces the child's biological parent, the stepparent has to no right to parenting time with the child. For this reason and many others, some stepparents choose to legally adopt their stepchildren.
The law says that children can only have two legal parents or guardians. If you want to adopt your stepchild and both of the child's biological parents are still living, one of the parents will need to relinquish his or her parental rights. In some cases, biological parents see that stepparent adoption is in their child's best interests. They fully cooperate with the adoption and willingly relinquish their own parental rights so that the stepparent can become the child's legal parent. If a biological parent agrees to the adoption, the stepparent adoption process is relatively straightforward. However, some parents refuse to give up their parental rights to allow the adoption to occur, even if this is in the child's best interests.
If you are engaged to be married, congratulations! Marriage can be a wonderful way to formalize a committed relationship. However, marriage is not without financial risk. One way married individuals can mitigate the financial risks associated with marriage and protect their financial future is by creating a prenuptial agreement.
Prenuptial agreements are becoming more and more popular, especially among millennials. In a study conducted by the American Academy of Matrimonial Lawyers, over 60 percent of the lawyers surveyed noticed an increased number of engaged couples seeking prenups. The increase is not surprising given the significant benefits associated with prenuptial agreements for both spouses in a marriage.
Prenuptial agreements, or prenups, are often misunderstood. These legal tools are not only useful for extremely wealthy couples. They provide benefits for married individuals of all ages, lifestyles, and income levels. Prenuptial agreements can provide benefits including:
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