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What You Do Not Know About Illinois Paternity Laws Could Hurt You
If what you know about paternity comes from daytime soap operas, TV dramas, or blockbuster films, there is a strong possibility that you do not have a clear picture of how the laws work in Illinois. You probably understand the fundamental principle under state statutes on parentage, which is that all children are entitled to the physical, mental, emotional, and monetary support of both parents. However, if parents were not married when the child was conceived and/or born, serious disputes can develop over these responsibilities.
When you realize that there is a lot you do not know about paternity proceedings, you soon understand that you put your parental rights at risk unless you retain a skilled Wheaton parentage lawyer. Because relying on misinformation could harm your interests, it is important to review a few lesser-known facts about Illinois paternity laws.
Establishing Paternity in Illinois
Parentage arises by legal presumption when parents are married, which means it can be rebutted by evidence to the contrary. However, between individuals who were never married, the two most common ways of proving paternity are:
How Can I Disprove the Alleged Paternity of a Child in Illinois?
In today’s world, it is becoming increasingly common for parents to have children while they are unmarried. However, this can lead to issues when it comes to establishing the paternity of that child. Establishing paternity is an important step in securing the same parental rights and responsibilities for the father of a child that are not automatically granted when parents are unmarried. Most of the time, paternity cases are aimed toward proving the paternity of a child, though in some cases, disproving the paternity of a child can be just as important. The easiest way to deny the paternity of a child is to sign the Denial of Parentage form at the hospital when the child is born; however, this does not always mean you are off the hook for parental responsibilities.
Fighting the Presumption of Paternity if You Are Married
In the state of Illinois, a man is presumed to be the father of a child if he was married or in a civil union with the mother at the time the child was born or during the 300 days prior to the child’s birth. This is true even if the child is not the man’s biological child, which is where issues can arise. If the presumed father is not the child’s biological father, he can sign a Denial of Parentage form, stating that he is not the father. However, he will still be considered the child’s legal parent and held responsible for child support unless the biological father signs a Voluntary Acknowledgement of Paternity (VAP) form confirming that he is the child’s biological father.
Things to Think About When Choosing Your Beneficiaries
One of the main goals of estate planning is to ensure that your wishes regarding your assets and property are carried out after your death. Of course, a qualified estate planning attorney is equipped to help you prepare the necessary documents and instruments to make the process relatively simple for you. For many of our clients, however, the real challenge is determining exactly what their wishes are. It can be difficult to decide who is to receive what portion of your estate, and while an attorney cannot tell you how to choose your beneficiaries when drafting your will, we can offer some things to consider.
Include Variety
It may be very tempting to oversimplify your will by naming your spouse as your only beneficiary. Or, perhaps, in acknowledgment that your spouse may not outlive you, you may choose to leave everything to one child. In creating your will, it is important to remember that you are planning for the future, which is always uncertain. Having a sole beneficiary can essentially negate most of your effort should something happen to that beneficiary, and suddenly, the disposition of your assets is dependent upon his or her own estate planning decisions. By choosing multiple beneficiaries, or even designating secondary or tertiary beneficiary levels, you and your executor will maintain more control over the distribution of your estate.
Considerations for Creating an Illinois Parenting Plan
In Illinois, the term “child custody” was replaced by the “allocation of parental responsibilities” in 2016. Instead of one or both parents having “custody” of their children, the parents are expected to create an agreement that allocates the parental responsibilities and parenting time—formerly known as visitation. This agreement is called a parenting plan, and it involves careful consideration to create one that makes the children’s well-being a priority.
What Is a Parenting Plan?
When getting a divorce, the parents of children must decide how the children will be taken care of after the separation. A parenting plan will be drafted that explains which parent has what responsibilities, and who the children will see, and when. A schedule will be created that both parents and the children will follow after the divorce. That schedule may include what days children spend with either parent, who picks up the children from school, and what activities each parent is involved in.
Why Would You Choose Divorce Mediation in Illinois?
If you are getting a divorce, you might want to consider employing divorce mediation to help both you and your spouse reach a fairer and less stressful dissolution of your marriage.
In addition, many other issues in family law could be resolved through mediation as well, including child custody. Here is some more information about mediation in case you are considering it for you and your family.
Definition of Mediation
Mediation, in general, is a way of collaborating between two or more people or parties on a contentious topic to reach a fair compromise through an unbiased third party’s facilitation of negotiating the terms required to reach an agreement (the third party is usually known as the “mediator” in these cases). It is meant to be less combative and diffusive and more cooperative and peaceful.
Using Your Estate Plan to Prevent Sibling Estrangement
It is tragically common for children of any age to experience serious problems following the death of a parent. What may have begun as typical sibling rivalry and relatively minor annoyances may develop into an irreparable chasm between brothers and sisters when their mother or father is no longer there to mediate. In some cases, sibling estrangement is inevitable, as years of competition and hurt feelings may eventually lead to a permanent rift. In other situations, however, conscientious estate planning by the parent can help prevent more serious problems from developing.
If you have noticed that your children struggle to get along with each other at times, an experienced estate planning attorney can help you put together a plan designed to reduce friction and promote healthy relationships.
Discuss Certain Elements of Your Plan in Advance
Jealousy is one of the most common factors between estranged siblings, but communication can often alleviate such feelings before they become problematic. Before you formalize your estate plan, sit down with your children and have a frank discussion about the future. Your children are not responsible for making your estate planning decisions, but their input can be very valuable in developing a plan that will foster ongoing relationships when you are gone.
Estate Planning Tips for Cohabiting Couples in Illinois
According to an analysis of information from the U.S. Census Bureau, the number of couples who choose to live together without getting married skyrocketed from 230,000 in 1995 to over 1.5 million today – a 550 percent increase. Included in these numbers are older couples who choose to cohabit without the various legal protections that a legally recognized marriage offers. This lack of protection can have a significant impact on rights of inheritance and other estate planning concerns.
At our firm, we have helped hundreds of families develop an estate plan to meet their unique needs, and we understand the challenges that unmarried, cohabitating couples may face. There are steps that both younger and older couples who cohabit should consider to ensure that if something should happen to one of them, the other is both financially and legally protected.
Transferring Assets
Couples who are married are entitled to tax-free transfers of at least a significant portion of assets upon the death of one spouse. Cohabiting couples, however, are not afforded that same benefit. That is why it is essential for unmarried couples to have a will in place that clearly specifies what their wishes are when it comes to those assets. It may also be a smart move to consider a living trust, which allows for more control during your lifetime and can help to avoid the costs and uncertainty of probate.
4 Tips for Successful Co-Parenting After Your Illinois Divorce
A divorce does not just affect you and your spouse. It also has a significant impact on your children. What used to be one home now becomes two. They may have to change schools, make new friends, and will rarely spend time with both parents. Holidays, birthdays, and even soccer games are going to be different. Of course, children can and do adjust. How well they do so is often reliant upon how well their parents get along once the divorce process is complete. This is why all parents should work exceedingly hard at successfully co-parenting during and after their divorce.
#1. Stay Focused on What Is Really Important
It is easy to get caught up in the swirling emotions of divorce. Your anger, bitterness, or sadness may cause you to fight for things that might not otherwise matter. Alternatively, you may give up things that are important, just to get the process over with. Neither will serve you or your child well in divorce. You deserve time with your child, as does your spouse. The little things you are arguing over may not matter in a few years. So, rather than argue over the details, try to keep your focus centered on your child. Know when the fight is worth the effort, and when it is better to just let go.
What You Need to Know About Intestate Succession in Illinois
Do you have a plan for the allocation of your property and assets in the event of your death? Such concerns can be difficult to address, as many people, including a large number of my clients, have trouble with the concept of death and estate planning. It is extremely important, however, to formalize arrangements for your estate well in advance. As uncertain as the future may be, leaving your estate in the hands of the state without a will or other direction can be even more unpredictable. Personal assets that are not addressed in a will or a trust are known as intestate property and will be allocated by the state in accordance with its intestacy laws.
Intestate Succession
The condition of intestacy is created, generally, when a person dies without a will. In the event a will was created but did not make provisions for certain assets or contain broader provisions for unaddressed assets, intestacy laws are applied to the specific, unaddressed property. When a person dies intestate, Illinois law requires that all debts and obligations of the deceased must be satisfied before any property may be allocated. Once that is completed, a seemingly endless list of “if-then” possibilities govern how the estate is to be divided.
Recognizing the Warning Signs of Domestic Abuse
While you are in a relationship, it may difficult to recognize the signs of domestic abuse. However, just as you may recognize the symptoms of an illness, there are signs to be aware of that show that you may be a victim of abuse. It is important to recognize these signs and take steps to protect yourself and your family from harm.
What Is Domestic Abuse?
In Illinois, physical harm, willful restriction of personal liberties, threats, harassment, and stalking are all considered domestic abuse. Accusations of abuse are very serious, and they could lead to criminal consequences such as jail time or fines, as well as decisions in family court that affect divorce proceedings and a person’s parental responsibilities regarding his or her children.
The signs of domestic abuse may not be obvious to you, especially when the abuse is emotional as opposed to physical. Look out for these signs of abuse in your relationship:
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