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Recent Blog Posts
Terminating Parental Rights in Illinois – A Complex but Sometimes Necessary Process
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.
Creative Parenting Plan Solutions for Your Illinois Divorce
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.
What You Should Know About Dividing a Business in an Illinois Divorce
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.
Finding the Right Divorce Attorney for Your Marital Dissolution Case
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.
Divorce and Children – Signs That Indicate Your Child is Stressed and Struggling to Cope
Children can be especially prone to emotional, behavioral, and mental health issues during a divorce. Worse yet, there are studies that show divorce can have a lifelong impact on the overall well-being of a child – but that does not necessarily mean you should stay together. In fact, experts now believe that the ill effects that children suffer in divorce are more closely linked to the contention and stress that often accompany divorce, rather than the divorce itself.
What all this means is that parents can mitigate the damage that divorce can do to a child – especially if they know how to recognize the signs of extreme stress. Learn more, and discover what an experienced divorce lawyer can do to improve the outcome of divorce for your family.
Severe or Prolonged Behavior Changes
In the initial stages of divorce, behavioral changes are considered both normal and typically benign, but prolonged or severe changes can be an indication of something bigger. Depression, anxiety, and maladjustment problems are some of the most commonly seen issues in children going through a divorce, but other mental health problems could occur as well. Examples of such behaviors can include everything from extreme aggression and social isolation to bedwetting and separation anxiety, which can occur at almost any age. If you notice such signs in your child, talk to an experienced mental health professional about your family’s situation.
Chapter 7 Bankruptcy: Qualifications and Long-Term Effects
The decision to declare bankruptcy is not easy. Admittedly, the cessation of bill collection attempts looks more appealing each time the phone rings, however, filing for bankruptcy has considerable secondary repercussions. Qualification standards and long-term effects may influence your decision when determining if Chapter 7 bankruptcy is the best solution for your situation.
What Is Chapter 7 Bankruptcy?
Chapter 7 Bankruptcy is often referred to as “liquidation bankruptcy”. It is a relatively quick process, typically completed between four and six months. Brevity appeals to a significant portion of the population, as does the discharge of unsecured debts. Discharge means credit cards, personal loans, and other unsecured debts become permanently unenforceable, never needing repayment. The downside is that you will need to sell many of your non-exempt assets; hence, the name, liquidation bankruptcy.
What Are the Long-Term Effects?
Digital Stalking and Spyware – The New Threat in Violent and Dangerous Divorces
Stalking may not be an issue in all divorces, but it is common in marriages that have an element of abuse or violence. Thanks to technology and digital tools, stalkers also have more ways to track their spouses during and after a divorce. If you are leaving an abusive or dangerous marriage, learn more about the tactics that may be used to track you during your divorce, and discover how an experienced attorney can help protect you from a violent spouse.
GPS Tracking and Your Rights
Whether you are aware of it or not, your phone and the applications on it can track your location. Yet, even without a cell phone (or one in which the GPS function had been disabled), abusive spouses have a workaround. Miniature GPS tracking devices – some no larger than a button battery – can be installed in purses, on vehicles, and even jackets or other clothing items.
Most uses of trackers are illegal, and you may be able to press charges on a spouse that is attempting to track your location using a GPS monitoring device. However, there may be some limitations. As an example, consider the use of a GPS device on a vehicle that is financed under both yours and your spouse’s name; their joint ownership of the vehicle could (in the eyes of the law) validate their right to track its location. Because of this, victims are encouraged to avoid using any item that their spouse may have the right to track. If you suspect that you are still being tracked, speak to your attorney and contact law enforcement about your concerns.
IVF and Divorce – High Court to Rule on a Parent’s Right to Not Be Forced into Procreation
Parenting changed the moment the first in vitro fertilization baby was born back. One would think that, since then, the law would manage to sort out what happens to a fertilized embryo if the prospective parents should ever divorce. Yet, as many couples learn, this is not the case. In fact, in the last 25 years, little progress has been made regarding the rights of each divorcing individual to either procreate or not procreate – but that could all soon change.
In a case that is set to be heard by the high courts in Colorado, an individual’s Constitutional right to procreate or not, and whether one outweighs the other person’s, will finally be ruled upon. Learn more about how and why this upcoming case is different than the previous IVF divorce cases, discover what the court’s potential decision could mean for your case, and gain insight as to how an experienced divorce lawyer can help improve the outcome of your situation.
America’s Largest Employer Adds New Benefit for Adopting Parents
With more than 1.3 million employees nationwide, Walmart is America’s largest employer. In the past, it has been criticized for its lack of benefits, but the company has started to respond to the concerns, needs, and desires of its employees. Raising its hourly wage to $11 an hour was just a start; they have also added more benefits for parents – including those who are considering adoption. Learn more, including how an experienced attorney can help you successfully navigate your way through the complex and nuanced process of adoption.
Paid Maternity and Paternity Leave
Although some Walmart employees may be covered for maternity or paternity leave under the Family Medical Leave Act (FMLA), their time away from work under this program is unpaid. To obtain compensation, new parents would have to request maternity or paternity leave. Starting in February, the company will extend the amount of time that parents can request – going from eight weeks of paid maternity leave to ten and two weeks of paternity leave to six. It is not clear if the company will continue to compensate full-time employees at a half-time rate when the changes go into effect, or if they will be able to also receive the full compensation benefit as salaried employees.
Compassionate Parenting Can Improve a Child’s Ability to Cope with Divorce
Although divorce can negatively impact all involved parties, children tend to be the most vulnerable. In fact, studies have shown that children may experience behavioral, mental, and emotional issues during a divorce, and some of those effects can carry on into adulthood. Thankfully, parents can mitigate the potential damage with compassion, empathy, and few tried and true tips for helping children cope. Learn more about them, and discover how an experienced divorce attorney can improve the outcome for you and your child during an Illinois divorce.
Be Empathetic to Your Child’s Position and Feelings
Part of the reason that children struggle so much with divorce is that they are powerless in the situation. They have no choice; they can only cope and eventually accept. To complicate matters even further, children rarely have any advance knowledge that divorce is on the horizon, so the news may leave them feeling like their entire life has fallen apart, and all in a matter of moments. Also, because children may not have a clear understanding of divorce, they may think that they can “fix” the issue, or they may blame themselves. Some also fear that their relationships with one or both parents may suffer, or they may be afraid of the changes. Be empathetic to their position and feelings, and do your best to comfort them when it is needed. Be clear but empathetic about how life will change.
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