970 McHenry Avenue, Crystal Lake, IL 60014
Botto Gilbert Lancaster, PC

Call Today for Your FREE Consultation

Call Us800-338-3833 | 815-338-3838

Facebook Twitter LinkedIn
Subscribe to this list via RSS Blog posts tagged in Crystal Lake family law lawyer

When Can Parenting Time Be Restricted in Illinois?There is arguably no relationship more sacred than the one between a parent and child. For children, solid, loving relationships with their parents are crucial for their healthy development and well-being. Because of this, many states, including Illinois, have placed a specific emphasis on allocating parenting time to both parents of a child, rather than solely to one parent. Though it may not always be a 50/50 split, most cases involve both parents having parenting time with their children, and it is typically in the child’s best interests to spend time with both parents. However, there may be cases in which the court finds that it is necessary to place restrictions on parenting time.

When Are Parenting Time Restrictions Appropriate?

The Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5) specifically states that both of a child’s legal parents are presumed to be fit to care for their child, and in the vast majority of cases, the court will not restrict or limit parenting time. When children are involved in a divorce or a parental dispute, the duty of the judge and the court is to ensure the child is being taken care of adequately. If the court finds that the physical, emotional, or mental well-being of the child would be seriously endangered by allowing a parent to exercise parenting time, the judge can restrict parenting time for that parent.

How Can Parenting Time Be Restricted?

Before it is determined that a parenting time restriction is in the best interest of the child, a hearing will be held. During such a hearing, the court will do its best to investigate the situation and determine if spending time with the parent in question would truly endanger the child. The court will examine issues such as each parent’s work schedule, living arrangement, and any history of domestic violence, mental health issues, or substance abuse.

...

Can I Still Prove Paternity in Illinois If My Child’s Father is Deceased?Legally recognizing your child’s father, in a process known as establishing paternity, is important for a number of reasons. Your child is entitled to know their biological father, have a relationship with him, and know his family history. Your child is also subject to financial benefits from their biological father, such as social security benefits, health and life insurance coverage, veteran’s benefits, and any inheritances. Proving paternity is not a difficult process if all parties cooperate. Voluntary Acknowledgment of Paternity (VAP) is a form that both parents complete to establish who the child’s father is when the parents are not married. If the parties do not cooperate, you can turn to court orders for DNA testing to prove who the child’s father really is. However, for alleged fathers who recently passed away, the process can become slightly more complex.

DNA Testing

With modern technology, it is possible for you to determine your child’s father even after his passing. It is still relevant to make this legal determination for your child’s knowledge and for any financial legacy that your child may be subject to. When proving paternity using DNA testing, the child, mother, and possible biological father will all submit to DNA sampling, often through a cheek swab or blood test. Since the child is half made up of the mother’s genes, the alleged father’s genes must match up with the other half. This is a quick and definitive test that a medical professional can perform and send to the court for evidence.

You may think that since your child’s alleged father passed away, all attempts at definitively knowing his father are gone. Luckily, DNA testing can be performed on the man’s immediate family members and be used to make this determination. Since men have XY chromosomes, and women have XX chromosomes, one can test the males of the alleged father’s family to see if the Y chromosome matches your child’s Y chromosome. The Y chromosome is passed, unchanged, down the male line, and is different once the male lineage is broken. In other words, if you have a son, he will have the same Y chromosome as his father’s father and brothers. For female children, the testing would be the same, but the alleged father’s female family members would be submitted to these tests.

...

How Can a Prenuptial Agreement Affect Your Divorce?Coming to a settlement that both parties agree to can be challenging even in the most amicable divorce. There are many important factors to consider, including division of assets and debts, spousal support, child support, parenting time, and parental responsibilities. Couples who are considering a prenuptial agreement or who already have one in place may expect that it will prevent any major disagreements in the event of a divorce, but it is important to keep a few things in mind about how a prenup may actually impact the divorce proceedings.

A Prenup Can Ease Financial Negotiations in a Divorce Settlement

Under Illinois law, a prenuptial agreement can address a variety of important financial considerations that are likely to come up in a future divorce. Couples can determine which of their properties will be considered marital and non-marital assets, which may be beneficial if one or both spouses have family heirlooms or businesses that they want to retain. Couples can also agree as to how assets and debts will be distributed in the event of a divorce, as well as whether any spousal support will be paid.

If both spouses entered the prenuptial agreement in good faith, divorce settlement negotiations regarding finances often proceed smoothly, especially if the divorce is amicable. Because there are few, if any, additional property decisions to be made, divorcing couples have more time and energy to focus on other aspects of the separation.

...

social media use and divorce, Crystal Lake Family Law LawyerThe end of a marriage can be an extremely stressful time. In many cases, people who are going through a divorce are emotionally fragile and may be uncertain as to how to conduct their day-to-day lives without their primary relationship. Others may feel a sense of relief or liberation being out of a particular situation, causing them to want to celebrate their new found freedom and engage in behavior that they may not have felt was appropriate during their marriage.

The tremendous popularity of social media applications such as Facebook, Twitter, Instagram, and Google Plus has encouraged a culture of sharing successes and adventures, as well as presenting an idealized image of one's life to the world. Unfortunately, sharing certain details of your life could have a significant impact on the way certain issues related to your divorce may be resolved. Some of the more common ways that social media use could affect your divorce relate to child custody or maintenance awards. For specific information or advice regarding your case, call a Crystal Lake family law attorney today.

Social media sharing could have an impact on whether you are awarded maintenance as well as the amount of any maintenance that may be awarded.

...

dissipation in Illinois divorces, Crystal Lake Family Law LawyerOne of the most common causes of divorce in the modern age is a marriage's inability to heal following an affair—a particular issue that has been thrown into the limelight by the recent Ashley Madison hack.

Ashley Madison is an online dating service that specializes in facilitating affairs. The dating service's website was hacked; users were exposed.

Those impacted were left wondering whether or not the fact that their spouse had an affair would have any impact on a divorce case. However, the answer to this question is usually, "no."

...
Illinois State Bar Association State Bar of Wisconsin Crystal Lake Chamber of Commerce Illinois Trial Lawyers Association McHenry County Bar Association
Back to Top