Subscribe to this list via RSS Blog posts tagged in Kane County family lawyer

IL divorce lawyerParenting has evolved over time, especially with the integration of technology into most aspects of life. Rather than going outside to play with their friends, many children play video games together. Puzzles and painting are sometimes done digitally instead of at the kitchen table. Games and trends for children may have changed, but parenting styles follow certain patterns regardless of the generation. Each parent leans towards a particular style of parenting regardless of their marital status. This can become difficult to balance for couples going through divorce. Raising children using different styles can be easier while still living under the same roof. Couples usually perform a parent balancing-act while they are married; however, good-cop-bad-cop can be unproductive when you no longer take care of the children at the same time.

Authoritarian Parenting

This is often known as the strictest form of parenting. Authoritarian parents see their children as rule-followers at all times. These parents set rules for their children without their input and expect them to follow the rules without protest. A common phrase from these parents is “I told you so.” Authoritarian parents usually use punishments instead of discipline.

Authoritative Parenting

Authoritative parents also use discipline, but to a smaller extent than authoritarian parents. Authoritative parents have rules and consequence, but they spend more time explaining the reasoning behind their rules. These parents also place greater emphasis on their child’s emotions and feelings. They have firm rules and expect their child to follow them but also care for their feelings about those rules.

Permissive Parenting

Permissive parents put up a facade of rules but rarely enforce them. These are the lenient parents that every child is envious of their friend for having. Permissive parents allow their child to make a mistake and believe that they will learn best primarily by making their own decisions with slight guidance to lead them along the way. They take on a friend-role rather than a parental one.

Uninvolved Parenting

This is the most hands-off parenting style. These parents are even further down the spectrum from permissive parenting. Uninvolved parents are distant with their child and are often more of a stranger than a parent. These parents rarely know where their child is, hardly ever ask for details about their lives, and do not spend ample amounts of time with them. Uninvolved parents allow their children to raise themselves and do not provide much parental guidance at all.

...

 IL family lawyerOne of the most difficult decisions when going through a divorce is what your parenting arrangement will look like. This is often known as custody arrangements; however, parenting consists of many more details outside of where your child will be sleeping each night. Continue reading to learn about the different types of parenting plans and what details are included in them.

What Should Be Included in Your Parenting Plan?

When making a parenting plan, the following should be considered:

  • Living arrangements and parenting schedules: In most cases, the child will spend time between each home. One of the main considerations that parents should think about is the distance between each household. Many former spouses will decide to move far from their original home to place a large distance in between them and their former spouse; however, they fail to realize the difficulty that this poses in terms of visitation.
  • Vacations and holidays: It is better to divide vacations and holidays between each parent before the divorce is finalized to avoid future conflicts. This can be one of the more difficult decisions to make as it is much different from the life you previously lived with your child and former spouse.
  • Healthcare details: This portion of the parenting agreement often depends on each parent’s occupation and the coverage that they receive. Parents should come up with plans in regards to doctor visits, adjust medical record access, and decide who will care for the child if he/she is sick.
  • Education: Decisions made regarding education are dependent on the type of school your child attends. For those who attend public school, education costs are not up for debate. However, those who are enrolled in private schools will need to determine the allocation of tuition payments. This is also true of children who hope to pursue higher education.

Contact a St. Charles, Illinois Divorce Attorney for Help

Making decisions regarding your child can become difficult without a third-party present to ensure that emotions affect the legal decisions being made. At Shaw Family Law, we understand that determining child custody is a difficult choice to make and we plan to help you at each step of the way. If you are considering divorce and are trying to determine child custody parameters, contact our Kane County divorce attorneys at 630-584-5550 for help.

 

Source:

...

 IL family lawyerDeciding to get a divorce is often discussed at length by both spouses. Many couples will make a pro-con list to compare the good things in the relationship to the bad ones. Most parents think that getting a divorce will adversely affect their children; however, this is often not the case. Studies have shown that it is better for children to grow up in a household where they have examples of healthy relationships, even if this means realizing that what is best for their parents is to be apart. Just because this is usually best does not make breaking the news to your children any less difficult. Continue reading to learn about the best way to tell your child that you and your spouse are getting divorced.

Telling Tips

Telling your children that you and your spouse are filing for divorce is difficult no matter the circumstances. The following tips may not make it easier to tell your children the truth; however, it will help your child in the long-run.

  • Tell Your Kids Together: This is a fairly obvious tactic that is crucial while talking to your children about divorce. It can be confusing if one parent shares the information with the child without the other parent being present. This can give children the idea that they are losing a parent rather than adjusting lifestyles.
  • Provide Your Child with Details: Before you have this conversation with your child, the details of the divorce should already have been discussed. For instance, you should be able to tell them who will be living where, what your parenting schedule might look like, and how day-to-day life will go. These do not have to be set in stone but they can help make the child feel less unstable.
  • Rehearse Your Lines: It is advantageous to plan out what you are going to say before speaking to your children. If you do not think about it beforehand, your emotions can get the best of you and you and your spouse’s decision may not be clear enough for the child.
  • Utilize Your Weekends: Hearing the news that your parents are filing for divorce can be confusing and devastating to children. It is best to tell them the news on a weekend day when they can have time to digest and reflect on the information they just received without having to worry about attending school or extracurricular activities.

Contact a St. Charles, IL Divorce Attorney

Divorce is difficult on the personal lives of all those involved. For this reason, it is important to find an experienced divorce attorney to take the legal stresses off of your shoulders. If you are considering divorce, contact a skilled Kane County divorce attorney at 630-584-5550 for a free consultation.

 

Sources:

...

IL divorce lawyerWhen married relationships are no longer working for either spouse, most couples separate for a period of time before seeking out divorce. Most states require a couple’s separation, that is living under separate roofs, for a specific period of time before divorce can be initiated. The purpose of this forced separation is to allow each spouse to see what their life would be like without their significant other in order to decide if this is the best choice for them. While divorce is one of the most common answers if a couple is unhappy in their marriage, legal separation is also a valid response.

Legal Separation

If a couple is considering separation for a long period of time, a written agreement regarding their assets, debt, alimony payments, child custody, and visitation rights is advantageous for both spouses. While living under separate roofs and leading different lives may seem like a good way to move on, without legal documentation both spouses are still on the hook for the other’s finances. This includes debt incurred by either spouse.

Many couples decide to become legally separated for financial reasons as separation can have financial benefits for both parties. Some couples will use a legal separation agreement to reach the 10-year marriage requirement for social security benefits. If a marriage has lasted 10 years, a divorced spouse who has not remarried is eligible to receive such benefits later in life. Continuing under the same health insurance is also another advantage of legal separation. Many businesses will continue covering a separated spouse; however, it is crucial that you check the fine print of your healthcare plan as this is not always a guarantee. Legal separation can also lead to potential benefits when filing taxes. Sometimes couples, or ex-couples, can save money by filing their taxes jointly. This is also not always a guarantee but can be better determined with the help of an attorney.

Divorce

Divorce agreements include much of the same details regarding assets, debt, alimony payments, child custody, and visitation rights, yet all ties between the spouses become severed. Divorce agreements are also immutable. Once the papers are signed by both parties, the marriage is officially done. Divorce is most common because many couples wish to meet someone new after the ending of their marriage. If a couple is legally separated, they cannot get remarried and remain separated. A divorce is required. Many opt for divorce in order to completely disconnect themselves from their spouse and move on from their previous marriage.

Contact a St. Charles, IL Family Lawyer for Help

Divorce is a common result of unhappy marriages everywhere. However, many couples opt for legal separation because of the personal and financial benefits. Simply living in different houses does not qualify as legal separation. Couples must seek out an experienced legal separation attorney to hammer out the details. If you are looking to formulate a legal separation agreement, contact a skilled Kane County legal separation attorney for professional help at 630-584-5550.

...

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.

 

...

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.

    ...

IL family lawThe holiday season has its own difficulties for everyone. For some, family parties and the amount of money being spent on gifts become their source of stress. While for others, December becomes breakup season. It is fairly common for couples to decide that divorce is best amidst the holidays. Due to the additional amount of time that couples spend with their families and each other, along with the financial pressures that the holidays can bring, divorce decisions are often made during or immediately following festivities. The idea of “new beginnings” can also spark a need for change. Breakups that occur during the holiday season can be difficult; however, those going through their first holiday season after a recent divorce often struggle the most.

Survival Tips

Whether you are considering divorce, are in the process of one, or have just come out on the other side, it is important to keep the following things in mind throughout the holidays:

  1. Validation: Many try to ignore their pain or sadness thinking that it is wrong to be depressed during a time when everyone else appears to be jolly. It is important to remember that your feelings are valid under such circumstances. The pain of divorce does not take a break just because Christmas is around the corner.
  2. Remember Your Children: In the midst of divorce, holidays often become irrelevant; however, those with children cannot cancel the holidays. While you may be lacking holiday cheer, it is important for your children’s lives to remain relatively similar as before. This includes the celebration of holidays as a family, whether or not this includes your ex.
  3. Create New Traditions: Continuing to celebrate with old traditions can cause old sentiments to resurface. Discontinuing old traditions and creating new ones is a good remedy, especially for those traditions that include your former spouse.
  4. Volunteer: Many families volunteer their time throughout the holidays whether they find themselves in a tough place or not. Volunteering is a great way to keep your mind off your own matters and also reminds you of the great things you have in life.

Contact a St. Charles, IL Divorce Attorney for Help

Deciding divorce is the correct path during the holidays can be difficult for all parties involved. It is important to have an experienced divorce attorney help you through this difficult time. At Shaw Family Law, P.C., we work with our clients to make the process as painless as possible. Contact our Kane County divorce attorneys for a free consultation at 630-584-5550.

 

Sources:

...

IL divorce lawyerFor those who have children and choose to get divorced, child support payments are inevitable. The parent who holds primary custody will often receive the child support payments since they spend the most time, and thus the most money, with the child. These payments are no longer percentage based. The court determines the amount of money needed to care for the child based on his/her parents’ income then divides this amount between the parents. The details of these payments are determined before the divorce papers can be made official; however, certain situations and life-altering events can result in necessary changes being made.

Recent Unemployment

Unemployment does not result in the ending of child support payments. The payments will simply no longer be taken out of your paycheck. If approved for unemployment benefits, the parent should then contact the unemployment office regarding their mandatory child support payments. These payments will then be deducted from their unemployment benefit wages.

Incarceration

If a parent becomes imprisoned and is required to pay child support, the parent can petition for his/her payments to be altered. Some courts will allow for the payments to be reduced or suspended while the parent is in prison. This is not always a guarantee. Often times, the judge will decide that the payments must continue to be paid throughout the parent’s sentence.

Death of a Non-Custodial Parent

The death of a non-custodial parent can cause extreme stress for a parent relying on this extra income to raise their child. There are multiple solutions that can be considered. If the deceased parent has a life insurance policy with the child as the beneficiary, the parent can begin collecting this money for the child immediately. Depending on the deceased parent’s previous employment, the child may also be subject to benefits from the Social Security Administration.

Death of a Custodial Parent

After deciding who will take primary care of the child, the payments will be determined. Payments from the parent's estate or a child support modification may be made if the other parent receives full-custody. If the child is placed into the hands of another relative, the payments should remain similar to their previous amount.

...

IL family lawMany people decide to move after finalizing their divorce because starting over is done much easier in a new place surrounded by new people. However, divorces involving children are much more complicated than simply packing a suitcase and signing an apartment lease. Before getting divorced, many people do not realize how much control the court system can have over you and your familial decisions. Though you may want to start you and your child’s life over in a new place by relocating, there are many steps that must be taken before the house hunt can begin.

The Process

Moving from one area to another is stressful enough. Adding a divorce and child into the mix only further complicates things. Follow these three steps to get yourself on the path of relocation:

  1. Choosing your location: Moving from one house to another within the same area is not considered “relocation” under Illinois law. However, if you plan to move over 25 miles from the child’s current residence, your former spouse and courts may become involved in the process.
  2. Speaking with your ex-spouse: One of the first steps that must be taken is discussing your decision with your ex-spouse. Whether you have primary custody of your child or not, you are not legally allowed to relocate your child without your ex-spouse’s permission.
  3. Notify the court: The court and your ex-spouse must receive a written notice 60 days prior to relocating. If your spouse agrees to the relocation and signs it, no further court action is required; however, without this written permission, you will have to petition the court to move without your former spouse’s permission.

In the Eyes of the Court

If you failed to receive permission for your relocation by your former spouse, court action will be required. Rather than choosing between one parent or another, most courts make their decision based on what they think is best for the child. There are a number of factors judges consider including the following:

...

Posted on in Family Law

IL family lawyerChoosing to adopt a child is a life-changing decision for both the potential parents and the child. Though you may have made up your mind about adopting, the process involves much more than just a signature on paper. One of the first choices that must be made is the type of adoption you wish to have. Common misconceptions about domestic and international adoptions often lead people into selecting the latter; however, many people fail to realize that international adoption is not always the best choice for every family.

Cost

Many people believe that international adoption costs far less than domestic adoption, but this is often not the case. According to Adoptive Families’ 2016 survey, the average cost to adopt from China was $36,070, Ethiopia was $38,667, and South Korea was $46,412. These are three of the most popular countries to adopt from, with China taking the lead at 2,354 adoptions to the U.S. in 2015. That same year, the average cost for domestic adoption through an attorney totaled $34,594.

Many people fail to recognize the travel and medical expenses that are involved in international adoptions. Often times the adoptive parents must get vaccinated, along with their future child, and make multiple trips to their future child’s country of origin. Travel and medical expenses greatly increase the cost of international adoptions.

Timing

...

 IL divorce lawyerWhen an individual is unhappy with his or her marriage, the obvious solution is for him or her to file for divorce. In some cases, the individual has another option: annulment. An annulment is different from a divorce in that it officially breaks down an invalid marriage, rather than legally dismantling a legitimate one. Annulments are rare in Illinois, but a judge may award one when an individual provides sufficient documentation to show that he or she is in an invalid marriage.

If you are in an invalid marriage, meaning that the marriage is not legally binding for some reason, an annulment is a way to officially recognize that the marriage is invalid and relieve you of any obligations you face related to it. In most cases, each party simply reverts to the lifestyle he or she led before the marriage, complete with his or her separate assets, after an annulment. When necessary, the court may create a property division or spousal maintenance order for a couple annulling their marriage. Any children born into an invalid marriage have the same rights as children born to married and unmarried parents.

Valid Reasons to Annul a Marriage in Illinois

In Illinois, a marriage may be annulled for any of the following reasons:

  • One spouse cannot engage in sexual intercourse;
  • The couple is closely related to each other;
  • One spouse or both spouses were already married to another person when the marriage was performed;
  • One or both spouses were underage and did not have parental permission to marry when the marriage was performed;
  • At least one spouse was unable to consent to the marriage due to mental incapacity, duress, or being under the influence of drugs when the marriage was performed; and
  • One or both spouses entered the marriage fraudulently. An example of a fraudulent marriage is one where a resident alien marries a citizen to avoid deportation.

Certain Grounds Have Time Limits for Annulments

...

Illinois divorce lawyerSummer vacation is right around the corner. If this will be your first summer co-parenting with a parenting plan, it can be easy to get confused about how co-parenting works once school is out for the summer. If you included specific summer vacation plans in your parenting plan, co-parenting this summer can be easy. If you did not, talk to your former spouse about creating a modified parenting schedule for the summer. If you agree on a modification, you can alter your parenting plan at any time.

Adjusting to life after a divorce can be difficult for every member of your family. Use the following guidelines to make this summer the easiest transition possible.

If You Have a Summer Vacation Parenting Plan, Follow It

Many divorcing parents include a summer vacation plan in their parenting time schedules. While the children are out of school, they might spend more weekdays with their non-custodial parent or switch to a weekly alternating schedule, rather than a schedule where they only spend a few fixed days each week with one parent. In your summer parenting plan, be sure to include the start and end date for the seasonal schedule and if applicable, specific, recurring vacations each parent takes. If your child has specific plans for each summer, such as going to summer camp the first week in August, include this as well.

Be Willing to Be Flexible

...

 Illinois divorce lawyerIf anybody told you co-parenting was easy, they were either lying to you or woefully misinformed. Co-parenting with your former partner can be quite a challenge after your divorce, even if the divorce itself was fairly amicable. When your parenting styles differ, it can be difficult to find a “middle ground” that serves your children in terms of structure, expectations, discipline, and parental involvement in your children’s daily lives. But difficult does not mean impossible. You can work cooperatively with your former spouse to co-parent your children, but you both have to be willing to be flexible. Keep the following in mind as you, your former spouse, and your children settle into their new parenting plan.

Communicate Your Concerns

Put your negative feelings toward your former spouse aside and talk to him or her about your children. If you have concerns about the way he or she is parenting your children, discuss them. You should not feel entitled to control how your former spouse parents your children, but you should also feel comfortable raising concerns with him or her and expect that your concerns be validated.

Be Willing to Be Flexible

Adjusting to life with a parenting plan is a big change for every member of your family. The reality of life with a parenting plan could look very different from the lifestyle you envisioned, and when this is the case, be willing to adjust your expectations and adapt your lifestyle to your children’s needs. After all, your child’s parenting plan is for his or her benefit, not yours or your former spouse’s.

...

 Illinois divorce lawyerIn the 1960s, developmental psychologist Diana Baumrind identified three distinct parenting styles: authoritarian, authoritative, and permissive. Later, researchers Maccoby and Martin theorized that the parenting style identified as permissive by Baumrind has two types, indulgent and uninvolved. Identifying and understanding your parenting style can help you co-parent with your former partner and relate to your child more effectively. When the court develops a parenting agreement, it considers the child’s relationship with each parent and each parent’s ability to provide for the child’s needs, which can both be tied to the parent’s parenting style. Keep in mind that very few parents fit neatly into one of the boxes below. Rather, these types are the pillars of a parenting style spectrum, and nearly all parents fall somewhere between two or more of these pillars.

Authoritarian

Authoritarian parents are commonly known as “strict parents.” Rather than discussing why rules and boundaries exist, these parents expect their children to obey without question. Authoritarian parents often have high expectations of their children and generally use punishment as a means to encourage compliance with these expectations and control their children’s behavior.

Authoritarian parenting is correlated with insecurity, low self-esteem, mental health problems, and poor social skills in children.

Authoritative

...

Posted on in Family Law

Illinois divorce lawyerThere are many ways to add a child to your family. Some couples conceive and birth biological children while others adopt children from the foster system, through private adoptions, and from other countries. When an individual with children marries, whether for the first time or after a divorce, his or her spouse may adopt the children and become their legal stepparent. This is known as a stepparent adoption.

A Child Cannot Have Three Legal Parents

One of the most important points to understand about stepparent adoption is that a child cannot have three legal parents. Although many children and adults refer to a parent’s spouse as their stepparent, a stepparent only has legal rights to a child if he or she completes the stepparent adoption process, which is only possible if the child’s other biological parent voluntarily gave up his or her parental rights or if these rights were terminated by the court. Otherwise, a parent’s spouse can build a strong relationship with a child, but without the legal rights that come with being an actual parent.

When a biological parent voluntarily terminates his or her parental rights, he or she no longer has any right to parenting time with the child. He or she also cannot be required to pay child support, nor can he or she seek child support from the child’s other parent.

Completing the Stepparent Adoption Process

...

b2ap3_thumbnail_child-custody.jpgThe parenting agreement you sign at the time of your divorce might not serve your child well until he or she becomes an adult.

A parenting plan is divided into two components: parenting time and parental responsibilities. You can modify one or many items in your parenting plan by filing paperwork with the court to alter it. If you and your former spouse agree to the change, this is an easy process. If you do not agree on the proposed changes, you will have to demonstrate to the court that circumstances in your lives have changed and the proposed new plan is in your child’s best interest.

Your Child’s Needs Change as He or She Grows

When your child is in elementary school, remaining in the same school after your divorce could be in his or her best interest because this means one less disruption. By high school, attending a school that has greater academic resources might be a higher priority, which can mean changing districts. In this case, consider altering your parenting plan so your child attends the school that can serve him or her better.

Changes in a Parent’s Household Impact the Child

...

Recent Blog Posts

Categories

Archives

Contact Us

How Can We Help?

NOTE: Fields with a * indicate a required field.
*
*
*
AVVO LL BV