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September 2015 Archives

Grandparents Rights to Visitation after a Divorce

Divorce can be challenging and emotional for everyone involved - including grandparents. When parents divorce, courts are required to approve arrangements regarding custody and visitation, including decision-making power and the time that each parent gets to spend with the children. However, parents and children are not the only ones whose families are changing. Often grandparents struggle to understand their new role after a divorce and, in some circumstances, grandparents may be restricted or prevented from seeing their grandchildren. One option for grandparents who are prevented from having a relationship with their grandchildren is to seek visitation. 

How Can You Find Hidden Assets in an Illinois Divorce?

When a marriage begins to fall apart, one spouse may attempt to hide assets and other sources of income to avoid splitting these assets in a divorce settlement or may want to attempt to lower a future child support or spousal support obligation. Illinois law, however, requires judges to equitably divide marital property in divorce settlements. Therefore, if one spouse hides marital property, a court ordered division of marital property will not be equitable.

How Do the Recent Illinois Family Law Changes Affect Same Sex Marriages?

On January 1, 2016, sweeping changes to the way family law works in Illinois will take effect. The changes will affect everyone who has a divorce or child custody case in the state. Because same-sex marriage is relatively new in Illinois, many wonder if the changes to the family law statutes will have any impact on same-sex marriages in the state.

Beyond Child Support Payments: Additional Parental Expenses

Changes to Illinois child support laws will take effect January 1, 2016. However, there is still confusion about what parents are required to pay in regards to the support and maintenance of their children after a divorce or legal separation-a court judgment will often require certain payments and financial contributions beyond monthly child support payments.

Establishing Paternity

After a child is born, there are any number of things to think about. Parents need to decide on a name, add the child to health insurance, decide whether or not they will be stay-at-home parents, and go about caring for a newborn. For unmarried parents, an additional step they have to consider is establishing paternity.

How Does an Uncontested Divorce Work?

Considering divorce proceedings as contentious is common. For some people, the entire proceeding is adversarial, from filing for divorce to property division. For others, both parties are in agreement that the marriage is not working and have reached a mutual decision to divorce. While parties may disagree on various particulars of a settlement, such as property division, alimony, or child custody, those parties are able to work together to address the issues outside of court and are able to bring their agreement before a judge.

How Do You Change a Child Custody Order in Illinois?

Child custody is one of the most difficult issues to deal with, even after a court has entered a formal custody order. In Illinois, it is always possible to ask the court to change a custody order, but getting a judge to agree to make a change is difficult. A change to a court order is called a modification. The steps required to successfully get a modification of a child custody order depend on how long the present order has been in place.

How Do the New Illinois Child Custody Laws Affect Me?

The 2016 Illinois child custody laws could affect your family situation if you do not have a preexisting parenting agreement. Under Senate Bill 57, rather than making custody determinations, the court makes decisions based on "allocation of parental responsibilities." One or both parents are chosen to be responsible for a child's education, health, religion, and extracurricular activities.

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The Stogsdill Law Firm, P.C.
1776 S. Naperville Road - Building B, Suite 202
Wheaton, IL 60189

Phone: 630-690-6077
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