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IL family lawyerGrandparents commonly share a special bond with their grandchildren and cherish the time they spend together. In some cases, the grandparents play a significant role in raising their grandchildren. Unfortunately, due to circumstances such as messy divorces, hostile child custody disputes, and spiteful ex-spouses, this relationship may diminish or be completely terminated. If a grandparent believes that the discontinuation of the relationship is not in the best interest of the child, they have the right to petition for visitation in court.

Grandparents’ Burden Of Proof

Illinois law permits a variety of relatives to petition for the visitation rights of a child, including grandparents and adult siblings. The time grandparents are allowed to spend with their grandchildren without a parent’s presence is referred to as grandparent visitation rights. The visitation rights may include activities such as overnight visits, weekend visits, and short vacations. Grandparent visitation rights, however, are not automatic and may be denied by a parent.

In the event that a parent does deny a grandparent visitation, the grandparent has the option to petition for court-ordered time with the child. In order for this petition to be granted, the grandparent must consider several factors. First and foremost, the grandparent must prove that the absence of visitation is without reason and also results in the child’s physical or emotional harm. For a judge to consider granting the request, one of the following factors must also be present:


Elmhurst family law attorney for postnuptial agreementsA prenuptial agreement is a contract that spouses sign before getting married that describes property rights, differentiates marital property from separate property, and defines a spouse’s entitlement to spousal maintenance or alimony. Most adults are familiar with prenuptial agreements. However, fewer are familiar with the benefits offered by postnuptial agreements. If you are already married, a postnuptial agreement or “postnup” can provide you with the opportunity to gain the legal protections offered by a prenuptial agreement.

Provisions Typically Included in an Illinois Postnuptial Agreement

The issues addressed in a postnuptial agreement are often similar to those addressed in a prenuptial agreement. The main difference is that a postnuptial agreement is signed after the couple is married. Postnuptial agreements typically address:

  • How property and debt will be allocated to the spouses if the couple gets divorced


DuPage County family law attorneysIf you are going through a divorce, child custody dispute, or another family law proceeding, you may be interested in learning about guardians ad litem (GALs). A GAL is a child representative who helps protect a child’s best interests during a legal proceeding. GALs are sometimes appointed to a case by a judge and they are sometimes requested by a parent who wants to ensure that his or her child’s best interests are being prioritized. A guardian ad litem can have considerable influence over the allocation of parental responsibilities and other family law concerns, so it is important to understand how the appointment of a GAL may impact your case.

GALs Are Child Advocates

A guardian ad litem is often appointed during child custody disputes and family law cases involving allegations of abuse. The GAL is specially trained in family law matters and is tasked with representing children’s best interests during legal disputes. If a GAL is appointed to your case, he or she will investigate the circumstances of the case and then make a formal recommendation to the court about the case’s outcome. During the investigation, the GAL may:

  • Conduct an evaluation of each parent’s home
  • Interview each parent about the relevant issues
  • Speak with the child about his or her thoughts, feelings, and opinions
  • Talk to siblings and other household members
  • Interview teachers, social workers, friends, childcare workers, and other people who are involved in the child’s life
  • Review the child’s school reports and medical records
  • Review the parents’ criminal records, financial documents, police reports involving any previous domestic disputes, Child Protective Services records, and other relevant documents

Cooperating with the GAL is Important

If you are like most people, you value your privacy. It may make you uncomfortable to have someone looking around your home, researching your past, or asking you questions about accusations of domestic violence. In some cases, parents may even be asked to take a drug test or undergo a mental health evaluation. While this process can be awkward, fully cooperating with the GAL is the best way to make a good impression on him or her. Provide the GAL with the information and resources he or she requests and cooperate with any investigations and interviews. Do not feel like you need to “put on a show” for the GAL or pressure your child to act differently than he or she typically does.


Oak Brook child custody lawyerIllinois has extensive child representation laws to help protect children’s best interests when their parents are divorcing. A court may appoint one of several types of child advocates to investigate before making decisions in proceedings involving child support, custody, visitation, and allocation of parental responsibilities. To represent a child, a court can appoint an attorney, a child representative, or a Guardian Ad Litem.

A Guardian Ad Litem (GAL) is a professional with specialized training to advocate on behalf of children in legal cases. He or she submits a written report that can play a significant role in divorce proceedings and he or she can be called as a witness, so it is common for parents to get nervous when a GAL interviews them. Speak with a divorce attorney who has a rich understanding of a Guardian Ad Litem’s training and responsibilities for help understanding how they fit into your case. In the meantime, here are some tips to increase your chances of making a positive impression on a GAL.

Tips for Working with a Guardian Ad Litem

Despite your best efforts to appear as an infallible parent to a GAL, you should be honest. A GAL will be taking your financial situation, mental health, physical health, and home life into consideration before writing his or her report. It is best to be forthright since there is a good chance that he or she might call your bluff and form a negative impression. For example, if money is an issue, you should work with the court and the GAL office about starting a payment plan. Late payments look more irresponsible than making accommodations for fees.


Naperville family lawyerMarried couples can create a postnuptial agreement to predetermine what would happen if they eventually divorced or in the event of one spouse’s death. Postnuptial agreements are not, however, required to discuss every aspect of separation. Although the process of creating a postnuptial arrangement is fairly uniform, you and your spouse have the flexibility to focus your legal agreement on particular areas of your life. If you and your spouse are interested in drafting one, you can cater the legal document to pertain to your interests, assets, and finances with the help of an experienced attorney. 

Topics Couples Tend to Focus on in Postnuptial Agreements

One of the most popular reasons married couples complete a postnuptial agreement is to determine how they will divide assets and liabilities. These agreements also tend to state whether or not one spouse will provide alimony or spousal support. Spouses can waive their rights to spousal support, if they wish, to gain specific marital property. Postnuptial agreements can cover how marital property will be divided and what will happen to any property that either spouse possessed before the marriage. For those who brought a family business into their marriage, the postnup can outline what would happen with the business in case of a divorce.

If a couple has children from previous marriages, it is important to consider how either spouse’s estate would be divided after their deaths. The Illinois intestacy laws state that if someone dies without a will, his or her probate estate will be divided in half - one half goes to the deceased person’s spouse, the other goes to his or her children. If a spouse wishes for the estate to be passed to his or her children from a previous marriage, then he or she can define the terms in a postnuptial agreement.

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