Posted on November 15, 2022 in Child Custody

Child custody disputes can sometimes mirror our current political climate, which is contentious, divisive, and turbulent. These disputes can become even more impassioned if the divorcing parents hold opposing political beliefs. Sometimes a parent may feel the other parent is indoctrinating their child with their own beliefs while vilifying the other parent because of their political views. Depending on the child’s age, a parent’s hostile political discourse can negatively impact the child’s relationship with the other parent and other family members and friends with opposing views. The argumentative and uncompromising political dissent can even impair the child’s conflict resolution skills.  

A child custody attorney adept at negotiation can help you create a cohesive parenting plan that describes each parent’s allocation of parenting time and parental responsibilities and addresses other important issues. Modifying a parenting plan is another feasible approach to promoting unity. 

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 Posted on November 04, 2022 in Child Custody

International travel is an exciting opportunity for anyone, especially a minor. The mind-expanding educational benefits offered by traveling abroad can be enriching and life-changing. A divorced parent may want to take their child on an international vacation to expose them to another culture, build memories, or even visit relatives. For a myriad of reasons, however, a parent may legally object to their ex-spouse from taking their child on an international trip. A child custody attorney proficient in parental responsibilities and parenting time can evaluate the terms of the divorce decree and strategize in resolving travel disputes. 

Five Common Reasons a Parent May Contest Child’s Travel Plans

The disputing parent may deny consent to an overseas trip out of genuine worry for the child’s safety and security. Sometimes, however, the disputing parent objects to their ex-spouse indulging their child on an international trip out of spite and envy. Depending on the conditions of the parenting plan, a contesting spouse may have no recourse but to grant permission. The following are common reasons a parent would object to an overseas vacation.  

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 Posted on October 26, 2022 in Child Custody

The short-form video app TikTok features all-encompassing content such as pranks, dances, tricks, instructionals, and current affairs, ranging from 15 seconds to 10 minutes. These videos are created and posted by anyone with a TikTok account. Since its September 2016 inception, global users of TikTok have reached one billion, with 100 million in the United States alone. During the COVID-19 quarantine, TikTok's popularity exploded. 

According to a TikTok survey, nearly half of its users felt watching a video that lasted more than one minute long is too stressful as it challenges their ability to concentrate. One-third of TikTok's users watch videos at double the speed. Still, the average user spends nearly an hour and a half daily on TikTok, opening the app 17 times per day.  Suffice it to say, this highly immersive app can lead many children to squander their time which might be better spent engaging in other activities such as outdoor sports or homework. 

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 Posted on October 18, 2022 in Child Custody

Holidays with customs and ceremonies are a time of annual celebration and enjoyment among family and friends. Some observe religious holidays, which are fundamental to spiritual reflection and family tradition. Others enjoy secular celebrations. Regardless of the type of celebration involved, divorced parents navigating parenting time during holidays and birthdays can sometimes experience anxiety and disputes. A parenting plan should always include strict specifications for parenting time during holidays and birthdays. 

If one parent feels holiday parenting time is inequitable, a family law attorney can negotiate and draft a modification to the parenting plan. A family law attorney can also help enforce a parenting plan.

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 Posted on October 11, 2022 in Paternity

Paternity questions are not unprecedented in today's society. The famous pop culture catchphrase "You are the father" from The Maury Povich Show demonstrates the prevalence of paternity matters today. Establishing paternity is a legitimate issue involving unwed parents' rights and, most significantly, children's rights. If paternity is not determined, the biological father has no rights to parental responsibilities, including parenting time. Additionally, the child could be susceptible to adoption without the birth father's knowledge. Failure to verify paternity can also hinder the mother's right to shared parental responsibilities and child support. A family law attorney who understands the complexities of paternity law can help explain and advocate for parental rights.

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 Posted on October 05, 2022 in Divorce

When a marriage is irretrievably broken, a spouse may commit the act of dissipation of assets by purposely squandering marital money or destroying marital property out of malice or spite. During a divorce, a spouse may recover all or some of these assets through a dissipation of assets claim. Each party’s lawyer typically inspects any expenditure that could be deemed wasteful. A common form of dissipation of assets includes willfully paying for unnecessary shopping sprees with marital money. A divorce attorney proficient in dissipation of assets and the equitable division of property can strategize and advocate for a party’s claim, or alternately, strategize and advocate for the defense of the accused. 

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 Posted on September 23, 2022 in Domestic Violence

Domestic violence comes in many forms and wreaks havoc on families and society as a whole. Indiscriminate and affecting individuals of all races and socioeconomic backgrounds, those afflicted by domestic violence can suffer life-lasting repercussions, like post-traumatic stress disorder, anxiety, or depression. In the United States, a woman is abused every nine seconds. One in three women and one in seven men have suffered from domestic violence. Consequent to shame and fear, occurrences of domestic violence are undoubtedly underreported; therefore, the real statics may be much higher.

Domestic violence usually entails unequal power dynamics where one attempts to control the other through various methods. Far too often, survivors blame themselves rather than the abusing offender. A family law attorney can help issue an order of protection, which can help secure the safety and wellbeing of the abused.

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 Posted on September 19, 2022 in Divorce

According to Petpedia.co, 85 million American families, or 67 percent of households, have at least one pet. Family pets provide immense emotional, mental, and physical benefits to their owners. A Human Animal Bond Research Institute (HABRI) survey affirms that 79 percent of pet owners believe their pets alleviate stress. Pets may also help reduce depression, anxiety, and cardiovascular disease. A 2019 study discovered dog ownership could minimize the risk of the owner's death by 24 percent. Suffice it to say, pets are endeared by most and often treated like family members.

Determining ownership of a pet during divorce can be as complex, harrowing, and contentious as enduring a child custody battle. A divorce attorney can help untangle the conflicts associated with pet ownership disputes during divorce.  

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 Posted on September 07, 2022 in Spousal Maintenance

When a DuPage County court awards a spouse spousal maintenance, formerly known as alimony, the amount and length of the maintenance are usually determined through the use of statutory guidelines. The court has the discretion to deviate from Illinois statutory guidelines since it evaluates divorce on a case-by-case basis. After assessing marital property, a divorce attorney can determine and advocate for the appropriate type and amount of maintenance. There are five types of spousal maintenance in Illinois.  

Five Types of Spousal Maintenance

A legal formula of the statutory guidelines calculates the amount of maintenance by subtracting 25 percent of the payee's net income from 33.33 percent of the payor's. The maintenance awarded cannot exceed 40 percent of the spouses' combined income. The duration of the maintenance is determined by the length of the marriage multiplied by a specific percentage. For instance, maintenance is awarded at 40 percent of the length of a 10-year marriage, equating to 4 years. At 24 percent of a 5-year marriage, maintenance is calculated at 14 months. The five types of maintenance include the following.

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 Posted on September 02, 2022 in Child Support

Parents raising a special needs child can be fraught with an entirely different set of challenges than raising a child who does not require the extra medical and therapeutic care that special needs children may require. What constitutes a child with special needs varies and can include afflictions and conditions such as Attention-Deficit/Hyperactivity Disorder (ADHD), Autism Spectrum Disorder (AUD), and cerebral palsy (CP). Caring for a child afflicted with cognitive, behavioral, developmental, or physical problems and disabilities can be emotionally taxing and may encumber some parents with financial burdens.

Child support disputes between divorced parents of a child with special needs can easily arise for many reasons. In some instances, the obligee spouse, usually the non-contributing primary caregiver of the child, may need additional support for the child’s medical expenses. The obligee spouse may also rightfully feel that they cannot attain employment outside of the home because of their full-time job as the caregiver. The obligor, or breadwinner, on the other hand, may believe their ex-spouse is manipulating their child’s condition for financial gain. The court considers the best interest of the child to be paramount. A child support attorney adept at financial disputes between parents of a child with special needs can help facilitate a modification. 

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