Posted on May 09, 2018 in Child Custody

Many Illinois parents likely understand that it is always best to reach an agreement between both parties during the divorce process that is in the best interests of their children. Child custody orders put in place by the court are a common way to ensure the physical and emotional needs of any children involved are met. However, on some occasions, a child custody battle is not between two parents, but between parents and the state.

In September 2017, Illinois courts ordered a social worker to remove a minor child from the custody of his parents. Judges may order a removal for a myriad of reasons, including, but not limited to, suspicions of abuse or neglect on the part of the parent or unsafe living conditions. While most parents would be horrified at the thought of losing their children, a child custody order is considered legally binding and must be followed.

The female social worker was attacked by one or both parents when she attempted to remove the child from the home. She was left with a fractured skull, among other injuries. She lost her life in February 2018 as a result of the assault. Lawmakers are attempting to stiffen the penalties against people who try to physically interfere with social workers acting on behalf of the court.

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 Posted on April 26, 2018 in Child Custody

In order to have parents and school officials on the same page, it can be helpful to share important family information. If the parents are divorced, and a child custody order is in place, sharing the order with the school can help prevent confusion. Illinois families typically create custody orders during a divorce, which set the guidelines for legal and physical custody. When the information is shared with the school, the parents can work with the school to ensure that the proper procedures are followed.

When a child enters a school at the beginning of the year with an order in place, the parents may want to take the extra step to inform the school. This way, the officials will know who to contact and when in case of an emergency. Also, if a parent or another individual is prohibited from seeing the child, he or she can be prevented from taking the child if it is not authorized.

Some schools take extra steps to protect students, like having guests sign in and be on an approved list before taking a child. Sometimes there is confusion as to whether a noncustodial parent can access the child's school records, whether the noncustodial parent is allowed to visit the child at school, or pick him or her up. By working with the courts through the custody order, these matters can be settled.

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 Posted on April 19, 2018 in Divorce

More and more people over 50 are deciding to end their marriages. Even as divorce numbers shrink for other age groups, people nearing retirement age are divorcing in rising numbers. When a person reaches retirement age, he or she will likely need a plan to provide for financial needs. A person in Illinois who is not familiar with the family finances may need to learn about retirement investments during and after the divorce process.

In many households, women tend to defer to men when it comes to financial planning and financial decisions. This practice is common in both Baby Boomer and Millennial marriages. In one study, 59 percent of divorced women reported regret at not taking a more active role in investment planning for retirement.

At the end of the marriage, individuals may get some surprises when it comes to retirement and finances. Not all of the surprises are bad. In fact, some learn about retirement plans they will benefit from of which they weren't previously aware. Others learn about hidden spending and hidden debt. In the survey, 94 percent of divorced or widowed women reported that they would have liked complete transparency about family finances from their spouse.

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 Posted on April 11, 2018 in Child Custody

Changing trends regarding parenting after divorce may soon be affecting laws in the state. Recently, a bill was introduced on the floor at the Illinois statehouse that asks for changes in how child custody is handled during divorce cases. The requested move will favor a co-parenting model instead of the more common one-parent guardianship that often happens in these types of cases.

The bill was introduced by a state representative. A hearing will be held on his proposal when lawmakers return to work next week. The co-parenting program that he is proposing has started to catch on in other jurisdictions. Recently, Kentucky enacted a similar law that gave both parents an equal stake during most custody proceedings.

Supporters and opponents have begun to speak out about the bill. Supporters are pleased to see a chance for equal parenting, citing studies that claim that children who remain close with both parents are better adjusted than those who only have an intimate relationship with one parent. Some groups fear the change will enable abusive or controlling spouses to continue to have an unhealthy hold on the family.

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 Posted on April 04, 2018 in Divorce

Some couples choose to rely on the help of outside professionals when the time comes to end the marriage. An objective outside observer can guide an individual going through an emotional breakup and also provide useful coping strategies. Some Illinois couples use a couples therapist as part of a complete divorce support team.

The role of the couples therapist is typically not to encourage or discourage the two parties to divorce, but instead the therapist creates a space and allows the individuals to reach their own conclusions. Some couples in therapy are certain that they will need to end the marriage, some are less so. Individuals who are parents will likely understand that co-parenting will require some type of relationship with the soon-to-be ex-spouse and will also try to work on making this relationship civil.

When couples understand that it is time to end the marriage, a therapist can assist them with issues about forgiveness and establishing new patterns. A therapist can also help untangle the lives of the two individuals and help them determine what their lives will look like post-divorce. Therapy is designed to help individuals reach closure.

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 Posted on March 28, 2018 in Divorce

A recent trend shows that many individuals see pets differently these days. In the past, if a couple was headed toward divorce, pets were treated as property and divided as such. These days, more divorces are being battled out over who will get custody of the family pet, who is often treated more like a family member and less like an object. Legal trends are evolving to reflect these behaviors. In Illinois, a person facing a pet custody dispute may wonder what the options are.

While the family dog has the top spot in pet custody battles, cats, horses and even snakes are also beloved by their families and sometimes will be contested during a marital dissolution. Lawyers across the country report that pet custody is a growing issue. Many state laws still treat the animal as property, like silverware or a painting. Courts typically do not look at the best interests of the pet, or who is more prepared to provide care to the creature.

If an individual faces a pet issue during divorce, he or she may wish to attempt to resolve the issue outside of court proceedings if at all possible. If a shared custody agreement is reached, it makes sense to create a detailed document similar to a child custody agreement that outlines responsibilities and scheduling. If the divorcing couple has children, the pet custody agreement could run parallel to the child custody agreement, so that the children may continue to have access to the pet and ease the transition.

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 Posted on March 07, 2018 in Family Law

The only constant in life is change. The recent overhaul of the federal tax guidelines are demonstrating the truth of this aphorism by turning old policies around and changing the way people pay taxes. In the realm of family law, the new tax rules affect how alimony payments are taxed. The new rules will apply to divorces in Illinois and other U.S. states starting in 2019.

Previously, an alimony payment was tax deductible for the person paying it. The person receiving it claimed the income and paid taxes on it. The new policy, applying to divorces finalized in 2019 and beyond, flips this rule on its head and does the opposite. The person paying will now lose the tax break and must include alimony with their taxable income. The person receiving is not obligated to dwindle the allotment further by paying taxes.

The federal government anticipates that the policy change will increase federal revenue by almost $7 billion over the next decade. The IRS has long reported issues with more deductions being reported than income being claimed. The change, it is hoped, will help turn the tables and increase available funding for the government.

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 Posted on March 01, 2018 in Child Custody

A parent, no matter whether a father or a mother, has a great influence on a child's life. Research reveals that strong relationships with both parents matter, and that if a couple with children separates, most often the best solution is shared parenting. In the case where a mother does not have the ability to care for children because of substance issues or criminal convictions, a father may be awarded child custody. In the past, it has been difficult for fathers to get sole custody because of outmoded ideas about rearing children. In Illinois, and across the United States, more fathers are fighting for a fair chance at custody of children.

As a society, Americans used to have the idea that only a mother was suited to nurture and care for young children. These days more fathers are challenging that notion and are requesting time in their children's lives. One recent statistic indicates that 17 percent of single parents with custodial rights are men.

More fathers are also forming support groups to aid them with the transition to single parenthood. Men and women both are capable of providing a stable home for a child. The system is slowly changing to reflect custody decisions that better represent the best interests of a child.

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 Posted on February 27, 2018 in Child Custody

Your parenting plan is a flexible document for you and your child's other parent to put in place agreements for how you'll raise your child - or children - together. Having a solid parenting plan helps to ensure you are both on the same page and will hopefully reduce the chances of having serious disagreements over parenting choices later on down the road.

Aside from the usual things, like how you will organize your child's living arrangements, how to organize pickups and drop-offs and visitation schedules, there are two other topics you will also want to include.

How to discipline your child

Some parents believe in timeouts, while others take away certain privileges. Then - there are discipline measures that are appropriate for a 5-year-old, but ones that look vastly different with a teenager.

You and your child's other parent are also different people who may have different parenting styles and backgrounds. Because of this, you will want to consider including provisions in your parenting plan addressing how you will handle discipline. You may want to include specifics as to what is OK and what is never allowed. For example:

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 Posted on February 22, 2018 in Divorce

Movies and television shows have a tendency to take life's monumental events and resolve them neatly in a few minutes or hours. Because of time constraints, movies are forced to adapt some generalizations about life. Unfortunately, for many people, movies form the way they look at the world. Then when the time comes that they face a divorce, some individuals may already have unrealistic expectations about how, when and how quickly things will happen. For folks in Illinois, it can be helpful to remember that movies don't really say it all when it comes to breaking up.

One pervasive myth is that a person isn't okay after the divorce. Sure, it is likely that there will be a grieving period - a time during which the person must come to terms with the changes he or she now faces, but a person isn't broken simply because he or she must endure a divorce. Some other individuals believe that it is better to stay together for the sake of the children. In most cases, children are resilient and can understand the changes, possibly even better than they can understand why their parents argue constantly or never speak at all.

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