Posted on in Family Law

IL divorce lawyerDeciding to take responsibility of and care for a child without parents is a life-changing gift for children in the foster care system. Children within the foster care system range from the age of birth to 18 years old and many stay in the system until they reach adulthood. These children have been placed into the hands of the state as a result of abuse, neglect, or abandonment by their biological parents. While it is in the best interest of the child, being placed in foster care can be a traumatic and difficult way to live out their years of adolescence. Continue reading to better understand the foster care system and the legal process that goes along with it.

Fostering vs. Adoption

Though fostering and adopting a child can be similar, the two social services do not always go hand in hand. Adopting a child permanently removes the legal rights and responsibilities of the child’s biological parents and hands them over to the adoptive parents. An adoption also involves the changing of the child’s legal name. Adoptive parents can also receive financial aid from social services throughout the adoption process and after the adoption has been completed.

Fostering a child does not have the same permanence that adoption does. Foster parents are not given the same legal rights to the child as adoptive parents are. The child can still maintain a relationship with their biological parents who can also be involved in decision-making some of the child’s needs. Foster parents are also provided monetary aid to be used in taking care of the child. Though fostering a child does not have the same permanence as adoption, some parents foster a child from birth until their 18th birthday and maintain their relationship into the child’s adulthood. This is known as long-term fostering. Foster parents also undergo regular training and support that adoptive parents do not. This allows for their parenting to be assessed to protect the child.

Contact a St. Charles, IL Adoption Attorney for Help

Adopting a foster child is a legal process similar to any other adoption. It is known as an agency adoption since the parents will be working with the Department of Child and Family Services. The process can take multiple months to officiate and involved a lot of legal paperwork and various home inspections. Though adoption can be a rather smooth process, it can become complicated if biological parents get involved. It is crucial to have a professional family law attorney involved in the adoption process. At Shaw Family Law, P.C., we have experience with the various forms of adoption, including agency adoptions. Contact our skilled Kane County adoption attorneys at 630-584-5550 for a free consultation regarding adoption.

 

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Posted on in Family Law

IL divorce lawyerAn order for protection is commonly known as a restraining order. Through the Illinois court system, one can file various different types of restraining orders based on the threats of violence that they are experiencing. Minors, those under the age of 18, can petition for a restraining order despite not being a legal adult. This is allowed simply because abuse does not discriminate based on age. Teens and women ages 16-24 have the highest risk rate for intimate partner violence. Continue reading to learn what is classified as abuse and which situations can be used to petition for an order for protection.

Types of Restraining Orders

Many incorrectly believe that an order of protection can only be filed if proof of physical abuse is present. Abuse can take many forms such as physical, emotional, and psychological. Anyone who violates orders of protection receives a Class A misdemeanor for the first offense and a Class 4 felony for any other violations. There are various types of restraining orders to accommodate for the different types of abuse that occur.

  1. Domestic Violence and an Order of Protection: This form of restraining order can apply to any living situation. This includes those related by blood or marriage, cohabitants, those who share children, people in romantic relationships, and those who have disabilities.

  2. Sexual Assault and a Civil No Contact Order: For those who have been victims of sexual assault, a civil no-contact order can not only protect the victim but also family/household members of the victim and rape crisis center employees/volunteers.

  3. Stalking and a No Contact Order: This action is for those who fear for their own safety or the safety of another due to someone else’s actions. Action can be taken for threats of stalking or evidence of stalking.

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Posted on in Family Law

IL family lawyerAll new parents experience nervousness before finally having their child, especially with a 9-month waiting period. Adoptive parents have the same pre-day jitters though they usually have a much longer waiting period. This additional time can intensify the anxiety since adoptive parents are not actively involved in the child’s birth. Though the preparation may be slightly different for adoptive parents, there are measures that can be taken to fill the time spent waiting for their child.

  • Enjoy your child-less freedom while you can: Many couples look forward to the change in lifestyle that a child will bring to their relationship. Though adopting a child is an exciting new addition to a relationship, many parents do not realize just how much their lives will change once a child is added to the mix. Go on the vacation you have always dreamed of or throw a loud party at your house because soon your life will become less selfish and more selfless for the sake of your child.
  • Spend time getting to know your child: This may seem like a silly thing to do since you will get to know your child when your adoption is official; however, it is important to know your child’s previous life and background. Having a good understanding their background aids adoptive parents in formulating their parenting styles and having a greater understanding of their child.
  • Set up a support system in advance: Many new parents do not realize how difficult raising a child can be. While parenting is extremely rewarding, it can be a challenge to manage alone. It is important to have a support system in place before you pick up your child in order to make the lifestyle transition easier.
  • Mentally prepare yourself for the child’s adjustment: Adopting a child is one of the most exciting days of a parent’s life. Though you may be ready for your child to come home, children usually take time to adjust to the new lifestyle. Being mentally prepared for slight discomfort from your child is crucial in handling the situation as it happens. Some parents will send the child care packages before the adoption day to begin the acclimation process.

Contact an Illinois Adoption Attorney for Help

If you are considering adoption, legal help is necessary to ease the sometimes lengthy process. At Shaw Family Law, P.C., we understand that adoption can be a difficult and emotional process for all the people involved. Our firm helps relieve the stress of the legal portion of the process so that families can enjoy the rest of it. Contact our Kane County adoption attorneys for a free consultation at 630-584-5550.

 

Source:

https://www.webmd.com/parenting/features/essential-tips-for-adoptive-parents#1

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Posted on in Family Law

b2ap3_thumbnail_domestic-violence_20180918-213803_1.jpgBattered wife syndrome, also known as battered woman syndrome, does not only affect women. It can affect any domestic violence victim, male or female, who lives with an abusive partner. Domestic violence knows no gender.

Despite the law and the medical community recognizing that a person of any gender can perpetuate and suffer domestic violence, the term “battered woman syndrome” is still frequently used to describe the psychological effects domestic violence can have on a victim.

The Stages of Battered Wife Syndrome

When an individual faces domestic violence, he or she can internalize it and feel like he or she caused it to happen. This internalization and sense of responsibility for the violence is battered wife syndrome. Generally, it follows this pattern:

  • Denial. The victim refuses to accept that he or she is being abused;
  • Guilt. The victim recognizes the abuse and feels he or she caused it;
  • Enlightenment. When the victim realizes he or she did not cause the violence to happen, he or she is in the enlightenment stage; and
  • Responsibility. In this stage, the victim recognizes that only his or her abuser is responsible for the violence. This is where the victim leaves the relationship.

Not all victims make it to the enlightenment stage. Many stay in the guilt stage, feeling like they caused their abuse to happen and trying to be better partners to make the violence stop.

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Posted on in Family Law

b2ap3_thumbnail_rape.jpgMany people are familiar with the various types of domestic violence, such as physical abuse, psychological abuse, and financial abuse. Not quite as many are familiar with the term “spiritual abuse,” which refers to the use of religion as a way to control another individual’s actions and diminish his or her agency. Spiritual abuse can be perpetuated by a church leader against a congregation member, a parent against a child, or a spouse against a partner.

Signs of Spiritual Abuse

Spiritual abuse can be difficult to recognize because it often invokes religious principles as justifications for violence and control. Individuals who practice any religion can face spiritual abuse. In a marriage, spiritual abuse can arise out of the gendered power imbalance many religions perpetuate.

A few examples of spiritual abuse include:

  • Prohibiting a spouse from working, opening a credit card, or accessing funds with religious justification;
  • Using one’s role as the home’s “spiritual leader” to exert authority over how a spouse speaks, dresses, interacts with others, and practices religion;
  • Using religion to isolate a spouse from his or her friends and family;
  • Exerting sexual control over a spouse, citing religious justification for doing so; and
  • Using guilt and shame to coerce a spouse into behaving in a specific way, claiming that he or she is not living according to their religion if he or she does not obey.

Read these statements again but this time, remove any reference to religious justification. If something is abusive when it happens without religious justification, it is just as abusive when it is done in the name of religion.

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