Posted on June 25, 2021 in Child Custody / Parental Responsibilities

In Illinois, child custody is broken down into two components. The allocation of parental responsibilities refers to how parents divide child-related decision-making responsibilities. Parenting time, formerly called visitation, refers to the time a parent spends directly caring for his or her child. Parents are asked to reach an agreement about parenting time, parental responsibilities, and other parenting concerns and describe the agreement in a parenting plan. However, reaching an agreement about these issues is not always easy – especially when divorcing or unmarried parents disagree about what is best for their child. In some child custody disputes, a guardian ad litem is assigned to the case.

Understanding the Role of a Guardian Ad Litem

In any child-related legal dispute, the child’s best interests are the court’s top priority. When parents disagree on how to allocate parental responsibilities or parenting time, the court may intervene and make a decision on the parents’ behalf. In some child custody disputes, a guardian ad litem (GAL) is assigned to the case. GAL’s are attorneys with special training in family law issues. The GAL is not an attorney representing either parent. Instead, the GAL’s job is to investigate the circumstances of the dispute and use what he or she learns to determine what is in the child’s best interests. The GAL shares his or her findings with the court and makes an official recomendation about the case’s outcome.

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 Posted on June 10, 2021 in Paternity

 Paternity is classified as the legal relationship between a father and his child. When a child is born to parents who are not married, steps can be taken to establish paternity. Depending on the unique circumstances of your situation, establishing paternity may present many unforeseen challenges. If you find yourself in a paternity-related dispute, it is important to discuss your case with a skilled family law attorney. How to Establish Paternity

One of the most common ways to establish paternity is to sign and complete a Voluntary Acknowledge of Paternity (VAP) at the hospital after the child is born. If the father of the child is not present or is undetermined at that time, there are three ways to establish paternity at a later date:

• Both parents may complete, sign, and submit a witnessed VAP with the Department of Healthcare and Family Services at any time

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 Posted on May 11, 2021 in Spousal Support

Spousal support, also called alimony or spousal maintenance, is designed to limit the negative financial consequences of divorce experienced by a lesser-earning spouse. In the past, husbands were almost always the payors of spousal support and wives were the recipients. However, as more and more women are becoming primary earners, orders of spousal support from ex-wives to ex-husbands are becoming more common.

In Illinois, courts have considerable discretion in determining whether or not to award spousal maintenance. Typically, statutory formulas determine the amount and duration of maintenance payments.

When Is a Spouse Entitled to Spousal Support?

If a divorcing couple has a valid prenuptial agreement or postnuptial agreement that establishes spousal support terms, the court will typically uphold this agreement. If there is no prior spousal maintenance agreement, the court will consider a range of different factors when determining whether spousal maintenance should be awarded. These factors include but are not limited to:

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