Recent Blog Posts
Does Your Child’s Opinion Matter in a Custody Proceeding?
During a proceeding for child custody—now known in Illinois as the allocation of parental responsibilities—your child may have strong opinions as to where they would like to live or how much time they want to spend with each parent. The amount that a child’s opinion affects custody decisions can vary from case to case and often depends on the judge’s discretion. There are several factors that a judge will take into consideration with regard to determining parenting arrangements, and the child’s wishes are often among of these factors.
The Child’s Reasoning and Decision-Making Abilities
Judges generally have some basic criteria they look for when deciding how much weight to give a child’s wishes during a custody proceeding. These criteria can include but are not limited to:
- The maturity level of the child;
- The mental health and emotional stability of the child;
The Changing American Family
The landscape of families in America is changing. The days of “Leave it to Beaver”-style nuclear families as the majority are largely behind us. Today, American families often include stepparents, stepsiblings, half-siblings, adopted children, single parents, or same-sex parents. Compared to previous generations, many more children are being raised by guardians or grandparents as well.
A Look Inside the Numbers
A study from the University of Maryland’s Philip N. Cohen puts these changes into statistical perspective. For example, a household consisting of married parents in which the father worked outside of the home and the mother served as a homemaker accounted for 60 percent of families in 1960. Another 18 percent of families included married parents who both worked.
More current numbers look much different than those from 50-plus years ago. In 2012, only 22 percent of families included married parents with the father being the sole breadwinner. The percentage of families with two married working parents rose to 34 percent. According to the study, the remaining 44 percent of families included single parents, parents who have never married, grandparents, and divorced parents. The married parents category also includes remarried individuals and stepparents.
Alarming Domestic Violence Statistics
Domestic violence cases are, unfortunately, all too common in Illinois. Thousands of Americans are affected by domestic violence each day, and the harmful consequences of do not stop after a victim has been separated from an abuser. Unfortunate after-effects such as low self-esteem, suicidal thoughts, and post-traumatic stress disorder often plague victims for years after being abused. For this reason, it is important that victims seek help if they are dealing with domestic violence.
Fortunately, victims of domestic violence in Illinois are able obtain an order of protection or a restraining order to get themselves out of harm's way. Many victims, however, suffer silently, afraid or unable to report the abuse inflicted against them. Below are many alarming statistics from the National Coalition Against Domestic Violence on the current state of domestic violence in America. Keep in mind that many victims do not report the domestic violence they experience, so many of these numbers may actually be higher.
Do You Really Have Grounds for Contesting a Will?
Challenging the validity of someone’s will is not an easy undertaking, regardless of your reasons for opposing the document. Contesting a will is both time-consuming and expensive, and, in many cases, the effort to contest is more trouble than it is worth, especially in wake of the person's death. Additionally, not everyone is eligible to contest a will. In most cases, the person contesting must be listed as a beneficiary in the will in order to proceed with the objection.
Despite these considerations, however, there are certain instances where the desire to contest a will is understandable and within reason. In these cases, your best bet is to consult a competent estate planning attorney, who can help assist and guide you in the matter. You can begin the process by examining the following to determine whether or not you have legitimate grounds for contesting a will:
Can You Prove the Decedent Was Unduly Influenced?
Shared Parenting Time and the Right of First Refusal
Many divorced or separated parents often struggle with their new reality of limited time with their children. This is quite often the case for a parent who has been granted a relatively lesser amount of parenting time compared to the other. While you may understand logically that creating an equal parenting time schedule is not truly possible in most cases, knowing that does not make it any easier to be away from your children. There is a way, though, to include extra possible parenting time in your agreement with your ex. It is called the right of first refusal and, when utilized properly, this right can offer both parents and the child substantial benefits.
Understanding First Refusal
When you have precious little time with your child, you may be looking for any and all possible ways to see him or her more often. Changing permanent arrangement or schedule can be rather complicated, but including the right of first refusal is fairly simple. When the right of first refusal is part of your parenting agreement, it means that your child’s other parent is required to offer you the chance to care for the child when he or she would otherwise need to make other childcare arrangements. In short, this means additional parenting time opportunities for you. As the name implies, you have the right to refuse the opportunity, but if parenting time is at a premium, may be unlikely to turn down such a chance.
Stay-at-Home Moms at a High Risk for Lifelong Poverty after Divorce
Mothers choose to stay home with their children for a number of reasons. For some, their family’s lifestyle is easily supported by their spouse’s income, which gives them the financial flexibility to spend time with their children. Others may stay home out of necessity. Regardless of the reason – be it to care for a special needs child, a desire to parent full-time, or simply because they can – all are at risk for lifelong poverty, should their marriage end in divorce. If you are a stay-at-home mom and planning on filing for divorce, or have already been served with divorce papers, learn what you need to know about protecting your financial future, and how you can obtain skilled legal counsel, even if you have no assets of your own.
Why Stay-at-Home Moms Are at Risk
Despite the fact that women often do the very same work as men, they continue to make less per hour for the exact same tasks, positions, and responsibilities as their male counterparts. Furthermore, research has shown that divorced women often struggle to return to the workforce after divorce. This is often due to a lapse in employment that causes them to fall behind on necessary job skills or training. Add to that their lack of retirement earnings and they are at risk for poverty, not just during their child-raising years, but for the rest of their lives.
Trust Planning: The Purpose of a Trust and How to Choose a Trustee
Planning a trust can initially feel like an overwhelming task, especially when arranging it in tandem with a will. The reality, though, is that establishing a trust can be a very effective tool if you want to be able to transfer your property or certain assets to someone while you are still alive. Whereas a will is a plan that is only executed after you pass on, a trust is a planning tool that can be carried out while you are still living.
What Is the Purpose of a Trust?
The state of Illinois allows a trust to be “created by a will, deed, agreement, declaration or other written instrument”. State law says that the person establishing a trust may indicate any rights, powers, duties, or limitations applicable to the chosen trustee when establishing the trust. Additionally, the grantor (the person creating the trust) may also specify any immunities that are applicable to the trustee or beneficiary.
Despite Better Laws, Parenting Rights of Fathers Are Still Lacking in Illinois
In 2016, changes were made to divorce and parenting laws to better reflect the modern family and ensure the best interest of children were more accurately considered. But, even in light of these changes, there is still much work to be done to protect the rights of fathers. Though studies show they are an integral part in the development and upbringing of children, many fathers still struggle to receive fair consideration in front of a judge. To bring awareness to this problem, single dads recently rallied outside Lake County Courthouse.
One in Three Children Do Not Live With Their Father
According to statistics, approximately one in three American children do not reside with their fathers. Of course, in divorce or in other situations where a parental allocation of responsibilities is necessary, the goal is not necessarily to have the children reside with one parent or the other, but to ensure each parent receives a fair and reasonable amount of time with their child. Fathers, although given more consideration in courts, still often feel as if the scales are not appropriately balanced.
The Advantages of a Living Will in Protecting Your Interests
It is never easy for one to think about the end of their life, and preparing a living will can feel unsettling as it stirs up a mixture of emotions. Despite the unpleasant nature of the subject, a living will can actually be a very useful and powerful tool when it comes to protecting your best interests, in turn offering a sense of peace of mind. Knowing you have addressed your wishes, boundaries, and directives regarding your health, property, and finances can give you a sense of accomplishment and make things easier for your loved ones.
How Does a Living Will Benefit Me?
In the state of Illinois, there are two kinds of power of attorney: one that covers health care and personal issues, and one that covers the management of property. Similar to these documents, a living will is an advance directive that also serves a specific purpose. It exists to allow a person who has been diagnosed with a terminal illness to express their desire to have death-delaying procedures withheld or withdrawn in the event they cannot speak for themselves.
What Can Divorce Mediation Do for Your Family?
Often when people hear the term mediation in the realm of divorce, they automatically think of the tense arguments and conflicts that typically surround the end of a marriage. While disagreements can certainly turn ugly in the midst of divorce, many marriages actually end civilly and peacefully, with minimal conflict between spouses.
However, for those who are having a difficult time seeing eye to eye on certain issues, tension can arise and the challenge to come to a settlement can create a very bumpy transition for the entire family. This is where divorce mediation in family law comes in. Mediation has a number of advantages, but it is particularly helpful in a number of ways.
Better Communication
A mediator’s job is to listen to both parties and assist in helping them reach an agreement that is mutually satisfying. They help create tailored arrangements that suit a couple’s specific needs and requirements, treating each situation differently. Working alongside an unbiased professional who is able to answer questions and direct the process makes for better communication between both parties.
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