Posted on March 06, 2015 in Divorce

Daytime television tropes aside, most parents will not require genetic tests to verify a biological relationship with their children. For a child born to married parents, the presumption is made, and nearly always legally established, that both spouses are the child's parents. Each year, however, thousands of children are born to parents who are not married. The laws in most states, including Illinois, make establishing paternity a rather simple process.

Situations may arise, of course, in which a court and government agency may require DNA testing regarding a man's relationship to a child, but most cases are much more straightforward. In Illinois, legal paternity may be determined in one of three ways:

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 Posted on March 04, 2015 in Family Law

In 2005, the United Nations Child Adoption: Trends and Policies report indicated that there were 51,210 children housed in juvenile institutions across the U.S. No doubt these numbers have risen significantly since this report was first published but has there also been an increase in the push for government oversight of these institutions housing our orphans and troubled youth?

The answer appears to be yes. According to a recent article published by the Chicago Tribune, the U.S. Department of Justice is currently considering a review of youth residential centers in Illinois as local lawmakers push for an open investigation due to an increase in reported cases of rape and assault allegations. Concerned Illinois government officials are also concerned that juveniles are often shuffled among the most violent of centers without ongoing mental health or psychological treatment.

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 Posted on February 25, 2015 in Divorce

Everyone has made choices in their lives that they regret. For some, the regrettable decisions include cheating on their partner or spouse despite their love and marital commitment. While infidelity is often cited as one of the most common reasons for divorce, experts offer a wide variety of explanations regarding the motivation behind it.

Married individuals who have been unfaithful usually claim to do so because they are seeking something they feel is missing in their relationships. Whether physical intimacy, an emotional connection, or love that seemed to be absent, most extramarital affairs can be traced to a need that felt unaddressed. However, a surprising number of infidelities occur simply because a married person got curious or bored.

Studies which look at the reasons for infidelity are certainly interesting, but they do not really address the question of what makes a person give in to the temptation to cheat. Every day, adults are faced with impulses toward negative behavior that do not cause them to engage in the action. For example, a stressful day at work or a nagging boss may lead an employee to want to throw his coffee cup at the wall and walk out. Most adults, though, are able to control such impulses based on the realization that such behavior is inappropriate. Similarly, most adults are confronted with the urge to be unfaithful as well, and a large number will never actually do so as they realize the implications of such an action.

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 Posted on February 23, 2015 in Mediation

It would simply untrue to claim that divorce is easy. While some cases may be more difficult than others, even the most amicable situations still present stresses and challenges for both spouses and other impacted family members. The more challenging ones can spiral out of control quickly, and the phrase “nasty divorce” is one, unfortunately, heard far too often in everyday conversation. Many couples in recent years, however, are finding that through a process known as mediation, divorce can be far less stressful and emotionally taxing than they ever realized.

Mediation is an option made available to most couples pursuing a divorce. The process involves both spouses agree to meet together with a mediator, often an attorney, who is trained to help them negotiate all the necessary considerations of their divorce. When the parties have reached a mutually acceptable agreement regarding the various details of their case, it is submitted to the appropriate court to finalize the divorce proceedings. The results of mediation become legally binding once both spouses sign the agreement and it is accepted by the court.

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 Posted on February 18, 2015 in Child Custody and Support

During a divorce or legal separation, the law requires a number of considerations to be addressed before the proceedings may be completed. While arrangements regarding such issues as property division and spousal maintenance are certainly pertinent, child custody and visitation provisions, and child support orders are among the most important concerns for parent. Once established, a child support order is likely to remain in force for years into the future.

As discussed in a previous post, the terms of a child support order are established in accordance with state law, taking into account the family’s current situation. For a period of time, the initial order may work perfectly to address the needs of the involved children, relative to the financial resources and requirements of both parents. Life, however, can be unpredictable, and a family may find that an existing support order has become untenable or no longer appropriate for a number reasons. Fortunately, in many cases, Illinois law allows for the modification of a support order if and when the need should arise.

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 Posted on February 16, 2015 in Child Custody and Support

According to recent Census estimates, approximately 20 million children in the United States live in a single parent home. Of that number, which represents nearly 45 percent of all American children, some 15 million are being raised by a single mother. While the socio-economic causes and effects can be endlessly debated, the fact remains that each one of those children has the right to be support by both parents regardless of living arrangement. For a large number of such cases, a legally enforceable child support order may be the most appropriate approach.

Under current Illinois law, either or both parents can be required to contribute financially to the support of the child, “without regard to marital misconduct.” Situations in which both parents pay support are relatively uncommon, as the child will usually reside with at least one parent. As such most support orders require payment of child support by the non-custodial parent.

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 Posted on February 11, 2015 in Spousal Maintenance

For most couples, marriage requires sharing responsibilities and being able to rely on each other. Whether by unspoken agreement or regular discussions, each partner tends to become responsible for certain aspects of maintaining the life they share. In previous generations, for example, the husband worked full-time to provide financial support and while the wife may have worked part-time, she took primary responsibility for raising children and upkeep of the family home. If such a marriage were to end in divorce, the wife may have a great deal of difficulty in supporting herself as she works toward becoming self-sufficient. Spousal maintenance, or alimony, may provide the wife in this situation with the resources she needs to regain her independence. In Illinois, a spousal support may negotiated between the divorcing parties prior to the case reaching a judge but such an agreement is only one factor the court is required to consider in making a decision regarding maintenance awards. Other considerations include:

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 Posted on February 09, 2015 in Child Custody and Support

Separation and divorce can obviously have a tremendous impact on children. Once a child custody or visitation order is established, the affected children must adapt to new living arrangements, often spending time with each parent. The process of establishing a custody or visitation order, however, can be extremely complicated as many parents find it difficult to get beyond their own emotional turbulence on focus on their children.

If the parents in such a situation are unable to negotiate an acceptable arrangement regarding their children, the outcome may be left to the discretion of the court. As the case is litigated, though, contentiousness and hostility can cause some parents to lose sight of their child’s best interest and, in the worst cases, attempt to use their child as leverage against the other parent.

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 Posted on February 04, 2015 in Divorce

The modern world is continuing to become increasingly connected. It is nearly impossible to imagine daily life without cell phones, tablets, or computers and the accessibility of information they provide. However, there have been indications in recent years that personal relationships may be affected by increased internet use, particularly if that use centers around social media. Several studies have examined a possible link between social media use and the rate of divorce, and the findings are very interesting.

One such study was published in the July 2014 edition of Computers in Human Behavior by a team of researchers from the Pontifical Catholic University of Chile and Boston University. The team’s research “explore[d] the relationship between using social networks sites (SNS), marriage satisfaction and divorce rates using survey data of married individuals and state-level data from the United States.” The results of the study clearly suggested that as the use of Facebook and other social network sites increased in a given state, there was a correlating increase in the divorce rate during the same period.

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 Posted on February 02, 2015 in Child Custody and Support

Divorce is rarely easy for any couple. For a couple with children, divorce often represents merely the beginning of a new reality which includes shared custody arrangements and coparenting. Depending on the circumstances of the divorce, it can be understandably difficult for many individuals to cooperate with their ex-spouse. However, child development and relationship experts maintain that being able to put aside or work through differences can have a significant positive impact on the health and happiness of the children.

While either parent may maintain primary custody following a divorce or separation, the U.S. Census Bureau estimates that more than 80 percent of custodial parents are mothers. This figure includes families with equal joint- or shared custody arrangements, which have become increasingly common as custodial mothers continue to work rather than relying solely on alimony or support awards. Shared custody typically means that children will be spending time at each parent’s home according to some sort of arranged schedule. Whether you are the primary custodial parent or not, there are some things you can do to help your child be more at ease with a potentially unsettling situation.

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