Posted on November 03, 2017 in Modification & Removal

People move around much more often they once did. As transportation and communication continue to improve over time, it opens up a new host of questions for families, especially divorced families with children. There are rules about how and when you may take your children out of state, especially if your child is a minor. Lest you run afoul of the law, it is absolutely imperative to understand what the rules are in these cases, especially regarding questions of parental responsibilities.

Decision-Making Authority

Many people assume that if they been given sole authority to make all major decisions about their child’s welfare, they do not need to seek the other parent’s approval when planning a move. This, however, is not the case. In almost every situation, your child’s other parent has the right to object to your intended move out of state or beyond a certain distance within Illinois if he or she believes it is not in the best interest of your children. The court has the final say, of course, and can refuse to grant permission to move with your child if it finds that the child’s physical, mental, or emotional health will be compromised by the move.

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 Posted on October 30, 2017 in Child Custody and Support

While many parents would like to be able to simply end their ex’s right to be in their children’s lives, it is not possible in Illinois to do so unilaterally. Terminating a parent’s rights in Illinois is a process that requires the involvement of both parents in most cases, and in some situations, it can get extraordinarily complex. It is imperative, for the sake of your children, to ensure you understand the process before trying to assert your parental rights over those of their current caregivers.

When Can Rights Be Terminated?

In Illinois, there are very limited occasions on which a parent’s rights may be terminated. According to current law, there are only two: either in a case under the Adoption Act or in a juvenile court case. This may seem extreme, but Illinois legislators and courts have been firm in asserting that children benefit more from having both parents in their lives, unless the parent has been convicted of offenses that would signify their posing a danger to the child in question.

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 Posted on October 23, 2017 in Family Law

In the late 19th century, U.S. states began to see a series of causes of action referred to as “heart balm torts.” These torts, such as seduction and alienation of affection, hinged around the idea that one spouse could hold the other spouse’s lover liable for the breakup of their marriage. Nowadays, such causes of action have been abolished in most states, as they have been in Illinois since the beginning of 2016.

Definitions and History

Heart balm torts originated in the 19th century in the United States. While they began to fall out of favor as states passed their respective Married Women’s Property Acts, heart balm torts came about due to the general belief that a wife was her husband’s property. Thus—as was the belief—he alone enjoyed the exclusive right to her company and to sexual congress within the confines of marriage. Illinois passed its version of a heart balm act into law in 1901, somewhat later than many other states.

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 Posted on October 20, 2017 in Divorce

There are many different options for filing your taxes after a divorce, all of which depend on your specific situation and financial picture. However, things can quickly become confused if you are unlucky enough to have tax day fall during your divorce proceedings. It may be a good idea to consult an experienced family law attorney, to have an outside opinion regarding specific tax issues that may appear during a divorce.

Filing Jointly

In all but the rarest of situations, couples remain legally married while their divorce proceedings are going on, and as such, still technically may file their taxes jointly. Most of the time, middle-class couples will benefit from filing jointly, given that approximately 45 percent receive a significant tax break. If you and your spouse are still legally married as of December 31, you may file jointly for that tax year.

The one important negative involved in filing jointly as still married spouses is that married couples are jointly and severally liable for each other’s tax debts. This means that even if a couple owes tax due to the misdeeds of one spouse, both spouses may be liable for the entire amount. However, the IRS does offer certain forms of relief if you are able to prove that the error was due to your spouse and that you are now divorced. Either way, it is generally a good idea to have your divorce agreement specifically dispose of any debt or asset gained (in other words, a tax refund) so as not to create potential problems. This kind of situation can pose a problem if your divorce is particularly nasty. For example, if your spouse hides or dissipates assets, but does not adequately inform you, their tax return may wind up being erroneous and you may be stuck with the consequences.

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 Posted on October 16, 2017 in Adoption

When families decide to adopt a child, many will find reasons not to adopt those who are disabled or have other challenges, including the high cost of care that may be required for those with specific conditions. However, the state of Illinois, along with many other states, may offer some assistance. Not every case will qualify, but it is possible, especially with a good attorney, to be approved for adoption subsidies.

Federal and State Programs

Both the federal government and the individual states offer subsidies when adopting children with what the North American Council on Adoptable Children (NACAC) refers to as “special needs” (not to be confused with the alternate term for “disabled”). In order to qualify for either state or federal programs, a child must have at least one of the following characteristics:

• Is one year or older;
• Is a member of a sibling group (being adopted together) where a sibling meets one of the other characteristics. For example, if a child has a disabled sibling and the two are adopted together, the adoptive parent may be eligible for subsidies for both children;

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 Posted on October 13, 2017 in Child Custody and Support

It is much more common nowadays for couples to spend time apart while married, or even take their entire family abroad. However, if the marriage breaks up, however, there can be some difficult and unique issues, especially if one spouse is in the military. It is advisable to enlist a professional to help negotiate complex questions in this situation.

Divorce Complexities

International divorces can be extremely drawn out, even if there are no children involved. Most of the common questions involve jurisdiction: if I am divorced in another country, will it be recognized at home? Whose law applies? What if my spouse is not an American citizen?

In terms of having your divorce recognized, it can be reasonably assumed that it will be. While the U.S. is not a party to the Hague Convention on the Recognition of Divorces and Legal Separations (HCRD), which governs these issues in many other countries, the principle of comity (considerate behavior toward other nations) exists in U.S. law. Thus, most divorces are recognized unless it can be proven that the judgment of the foreign court was somehow in error or fraudulent, or if that country’s residency requirements were not met. If you do encounter resistance, the Attorney General of your home state may get involved.

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 Posted on October 09, 2017 in Family Law

Many couples who want children are unfortunately unable to have them naturally, due to health issues, infertility or other possible factors. More and more couples are turning to surrogates as an answer. Once thought of as a solution mostly for same-sex couples, heterosexual couples are using surrogates to help ease their fertility problems. However, if you are not careful, some complex legal tangles can crop up over a surrogate’s maternal rights.

The Gestational Surrogacy Act

Illinois’ laws about surrogate parents are actually some of the most well-defined and specific in the nation. The Illinois Gestational Surrogacy Act (IGSA) was passed in 2005 to specifically clarify the rights of both the intended parents and the surrogate mother.

The single most important thing to understand about the IGSA, however, is that it only applies to gestational surrogacy agreements—in other words, agreements where the surrogate mother is not also the egg donor. Traditional surrogacy agreements, where the surrogate’s egg is used, are not covered, and the law is significantly murkier when discussing the rights of all those involved. To avoid even more complications, it is usually best to have an egg donor if you or your partner cannot provide one.

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 Posted on October 05, 2017 in Child Custody and Support

A parent has a legal obligation to support his or her children. This is true even in the midst of a divorce. Depending on any the situation, a person may have an obligation to help support his or her (soon-to-be) ex-spouse as well. However, many people confuse the two obligations, when in reality child support and maintenance (also called alimony or spousal support) are very different, not least of all because the right to collect belongs to different parties.

Child Support

Child support is a right that belongs to a child, not their parents, though the actual payments may be received and administered by the child’s parent. It is defined as court-ordered payments usually made by the parent with fewer parental responsibilities or less parenting time to help support his or her children. In Illinois, the obligation to pay support exists, if ordered, until that child turns 18 years old. If the child is still attending high school at that age, however, the support obligation is extended until they either graduate or turn 19, whichever comes first.

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 Posted on October 04, 2017 in Domestic Violence

Most parents would do absolutely anything to keep their children safe and happy. Thus, when there is a suspicion of abuse, parents and authorities typically act quickly to address the concerns. This can get especially tricky in divorce cases, however. Sometimes abuse allegations have merit, and sometimes they are used as weapons by an estranged or bitter ex-spouse. It is important to know how to handle both situations.

The Law on Abuse and Neglect

The statutory definition of child abuse in Illinois is somewhat complex, but that is not necessarily a bad thing. Essentially, an abused child is one who has been the victim of any act that either causes or intends to cause severe physical, emotional, sexual or mental harm. If a mother grabs her son’s arm to pull him out of traffic and gives him bruises, such conduct is likely not abusive, but if she dislocates his shoulder while trying to get his attention in a supermarket, it may be considered abuse.

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 Posted on September 28, 2017 in Adoption

In Illinois, adoptions historically were completed in the traditional “closed” style. However, more and more people are choosing to have “open” adoptions in this day and age—and for a variety of reasons. While the processes for both types are fairly similar in terms of legalities, there are enough differences that it is important to make your choice before going through with the adoption.

Traditional Adoptions

Traditional adoptions in Illinois were almost always closed. This means that they were completed with no way for the child or adoptive parents to contact the birth parents at any time. This was once thought to be the most healthy way for a child and a couple to move on with their lives. It also helped cement the adoptive parents in the child’s life without interference from the birth parents.

Traditional adoptions come with promises of secrecy and confidentiality, including sealed files wherein the names of the birth parents—one or both—are redacted or otherwise kept confidential. However, an adopted person can apply, in many states (Illinois included), to access their birth information, even if a birth parent has requested anonymity. If the latter is true, the information is released to the now-adult adoptee via a third party. This approach balances the birth parents’ right to anonymity with the public policy position that permits adoptees to know their origins.

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