Recent Blog Posts
Reasons DCFS May Take Your Children
Your children’s welfare is a paramount concern to the state of Illinois. Things like physical violence, neglect, or inadequate care are only some reasons that the Department of Child Protective Services (DCFS) may choose to take your child from their home. When under investigation by DCFS, do not hesitate to contact a DCFS investigations attorney to help safeguard your rights and keep your children with you where they belong.
When DCFS Comes For Your Children
A DCFS caseworker with an authorized court order is allowed to remove your child or children from the home. An emergency removal is also possible if the caseworker believes there is a reason that such an emergency warrants one.
DCFS caseworkers must have a reasonable cause for removing a child from a home without an authorized court order. A reasonable cause would be one of the following:
Why Establishing Paternity is Good For Both Parents
Illinois law does not automatically acknowledge a child’s biological father as the legal father if a child’s parents are not wed. Instead, fathers looking to be acknowledged as the legal father of their children will need to establish paternity. Establishing paternity can protect a father’s rights to his children and provide either parent with the financial support he or she may need. An attorney can go over the finer points of how to establish paternity for your family.
The Benefits of Establishing Paternity
Establishing paternity has many benefits for parents wanting to create and maintain a parent-child bond. Establishing paternity may involve the following for the father:
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A legal relationship between the father and child
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Allows the father to take trips and travel with their child
Why A Legal Separation Might Be Better Than Divorce
There are potential advantages to choosing a legal separation over a divorce, most of which are financial and could be a good reason to remain legally married. Whether you prefer a legal separation or something more permanent like divorce, a skilled and experienced attorney can provide the advice and resources needed to navigate the legalities of the entire process.
What is the Difference Between a Legal Separation and a Divorce?
The primary and only relevant difference between the two is that in a legal separation, you are still considered married. Most important legal issues, such as child support and marital property division, are still addressed before a separation is finalized.
What Makes a High Asset Divorce So Complex?
In Illinois, all assets must be divided fairly and equitably among spouses. Complex property arrangements in a long-lasting marriage can make property division difficult once one spouse decides to file for divorce. Complicated finances weaved throughout a marriage can often contribute highly toward the complexity. An experienced divorce attorney understands the complexities and can help you navigate them during the divorce proceedings.
What Assets Are Commonly Involved in a High Asset Divorce?
Over the course of years, a marriage can accumulate an extensive collection of valuable assets that can often be difficult to divide during a divorce in a way that sees both parties happy. Many different assets can be considered high value to the couple and the court. Couples with significant assets are likely to include:
Relinquishing Parental Rights For Related Adoption
Making the hard decision to give up parental rights is something that requires careful thought. A parent going through substance addiction or battling depression may not be the best fit for a child, no matter how much they are loved. In cases like these, it may often be the best course of action to seek related adoption with a family member willing to take the children in as their own. Before you consider giving up your child to a relative, educating yourself on the potential complications and working with an attorney experienced in these matters is important.
What is a Related Adoption?
Related adoptions must consist of one adoptive parent who is a blood relative or related to the child through marriage.
How Courts Determine Child Custody Rights in a Same-Sex Divorce
As society evolves, so too does the definition of family. Same-sex marriages are now recognized and protected by law in many parts of the world, including Illinois. Parental responsibility matters come to the forefront in a same-sex divorce as they would in any other divorce case. Illinois prioritizes the best interests of the child when determining parental responsibilities and rights.
Illinois recognizes various legal avenues to establishing parenthood. The court emphasizes the child's best interests in parental responsibility allocations. Consulting an experienced divorce attorney can be invaluable in navigating these complexities. It can also help to ensure that the child's well-being remains at the forefront of the legal process.
Parental Responsibilities
Determining parental responsibilities requires the recognition of at least one legal parent under the Illinois Parentage Act. In a divorce, parents either agree on a parenting plan or the court decides one for them.
What Happens to My Children in a Legal Separation?
One of the most important concerns in a legal separation is figuring out what will happen to your children. It is important to put your children first and work together with your spouse to create a plan that is in their best interests. Failure to do so may require going to court to get a judge’s decision on child support and parental responsibilities. This can be a difficult process, but it is important to remember that the judge will make decisions based on your children’s best interests.
If you are considering legal separation in Chicago, it is important to speak with an experienced divorce and family law attorney. They can be an invaluable asset in helping you understand your legal rights and options and can represent you in court throughout the process.
Parental Responsibilities
One of the most important issues to be decided in a legal separation is determining who will be granted parental responsibilities for their children. There are two main responsibilities to consider: decision-making and parenting time.
Is Emotional Abuse Considered Domestic Violence?
In Illinois, emotional abuse is considered domestic violence if it is used to control or intimidate the victim. The abuser can be charged with a crime, even if they do not physically harm the victim.
Emotional abuse is a form of domestic violence that is often overlooked. It can be just as damaging as physical abuse, and it can have lasting effects on the victim's mental and emotional health.
Has someone caused emotional harm to you or someone you know? If you feel as though you are experiencing emotional abuse, there are many resources available to help you. The best option to handle legal matters in Illinois would be a domestic violence attorney.
What Constitutes Emotional Abuse?
Domestic violence is a pattern of abusive behavior that a person uses to control another person in an intimate relationship. It can be physical, sexual, emotional, or financial. Emotional abuse can take many forms, including:
What You Need to Know About Illinois DCFS Investigations
Investigations involving the Illinois Department of Children and Family Services (DCFS) can be complex and emotionally difficult. Understanding the process and your rights is essential when facing such investigations. Today, we will provide essential information about investigations involving the DCFS in Illinois, empowering you to navigate the process effectively. In such situations, hiring a family lawyer can be a helpful and necessary step to ensure your interests are protected.
Triggers for DCFS Investigations
DCFS investigations typically arise from reports of child abuse or neglect. Anyone, including professionals and community members, can make a report to the DCFS hotline. Common triggers for investigations include allegations of physical or sexual abuse, neglect, inadequate supervision, or exposure to dangerous environments. It is important to note that not all reports result in investigations, as the DCFS assesses the credibility and urgency of each report before initiating an investigation.
Potential Complex Financial Issues in an Illinois Divorce
Several complex financial issues may arise in an Illinois divorce that requires careful consideration and resolution. These issues often go beyond the basis division of assets and involve factors such as valuation, taxation, and ongoing financial obligations. Today, we will shed light on some common examples of complex financial issues that may be relevant in an Illinois divorce. For assistance navigating the complex financial issues that divorce sometimes entails, contact a seasoned divorce lawyer to ensure you can make well-informed decisions throughout the divorce process.
Business Valuations
Determining its value becomes a crucial financial issue when one or both spouses own a business. Properly valuing a business requires proficiency in business valuation, considering factors such as financial statements, assets, liabilities, and future earning potential. This valuation is necessary to ensure an equitable division of the marital estate and the potential distribution of the business itself.