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Rockford IL Family Law Blog

Right of first refusal in child custody matters in Illinois

Many parents in Illinois have joint custody of their children. Even if the parents do not have joint child custody arrangements, most times, the non-custodial parent still receives visitation with the children. Generally, the parents have a visitation schedule that states when the children will be with each parent on a regular basis. Once ordered, each parent is required to follow it.

However, there are many instances when the parent has the children, but needs to work or leave the house for a significant period of time. Depending on the age of the children, that parent will need to find someone to watch the children while he or she is gone. For these types of situations, if it is in the best interests of the child, the judge can grant each parent the right of first refusal.

How does one receive child support in Illinois?

Many people in Illinois are involved with child support orders either on the paying end or the receiving end. Having a child support order in place requires one parent to pay the other parent, but the order by itself does not ensure that the receiving parent will actually get the money. Arrangements need to be made in order for the exchange of money to take place.

This could be done by one parent sending the money directly to the other parent. However, in many cases the paying parent may simply not pay the other parent or pay less than they owe. When this occurs, there is not much recourse for the receiving parent, since they do not have access to the other's bank accounts.

Required investigation prior to adoption in Illinois

There are many children in Illinois in need of a good home and there are many families who want to have families. In other circumstances a child's biological parent is no longer capable of caring for their child and another family member decides to care for them instead. In both types of situations, adoption is a very good way to accomplish this goal. Adoption grants the new parents the legal parenting rights of child and officially makes the child a part of the family.

However, before an adoption can occur, there are a number of requirements that must be met. The first is that the adoptive parents must file a petition with the court. This petition states the names and address of the adoptive parents, information about the child as well as the child's biological parents, the child's relationship to the adoptive parents and other information.

Dividing retirement accounts in an Illinois divorce

As one goes through a divorce in Illinois, there are many issues to discuss as the couple separates their lives. These issues include child custody, visitation, child support, spousal maintenance and property division. Each one of these issues can be very complicated and take some time to resolve. It all depends on the circumstances of each divorce and each issue is very fact specific.

For instance property division can be quite simple for people who do not have many assets, but in can be quite complicated for those with many assets. Just determining what is marital property can be complicated. People may have bank accounts, retirement accounts, stock options and other assets that they owned before the marriage. So, before these assets can be divided one must determine the marital portion of each account. After that the parties can divide assets accordingly.

Domestic violence is a factor for increased violence in Rockford

According to the Rockford Police Department, there has been a dramatic increase in violent assaults and gun shots in 2015. In fact the numbers are up 84% from January 1, 2015 - March 31, 2015 compared to the same time frame in 2014. A police deputy stated that the two main contributors to this increase are domestic violence and gangs. Domestic violence accounts for 25% of the calls to the Rockford police. He said often times when there is domestic abuse, there are other issues as well, such as child abuse or neglect.

Domestic violence is clearly a big issue in Rockford. It can affect many people each year, including the friends and family of the victims who help deal with the aftermath of the domestic violence. It can also be very detrimental for the children involved in the relationship, even if they are not physically abused themselves. It is important to many victims to get out of these dangerous relationships, but often times they may not know how they can protect themselves from the abusers.

Can stepparents get custody of a stepchild in Illinois?

In Illinois, many times after a parent has a child, he or she ends up marrying someone else besides the child's other parent. This occurs sometimes in situations where the children's biological parents were never married or in situations where the biological parents are divorced. Therefore, many children have stepparents. In these situations, it is possible that stepparents play a major role in the stepchild's life and they become very close.

If the stepparent is married to the parent who has custody of the child, they may want to gain custody of the child as well, especially if the stepparent has taken on the role of raising the child. This can happen in situations where the other parent is incapable of caring for the child. However, there are certain requirements that must be met though before a stepparent can gain custody of a child.

Additional expenses not included in child support payments

In Illinois, if parents of a child are no longer together, there is a good chance that one of the parents is paying child support for the child. Child support payments are based on the child support guidelines. These guidelines take into account each parent's net monthly income and a number of other factors. Based on how many children the parents have, the non-custodial parent will pay a certain percentage of his or her net income to the other parent.

The child support payment is designed to ensure that the financial needs of the child are being met by both parents, not just the custodial parent. These needs generally include food, clothing and shelter. However, as any parent knows, the child's expenses do not just include food, clothing and shelter.

Establishing paternity in Illinois

There are many children in Illinois who are born out of wedlock. Determining who the mother of the child is generally not difficult, as it is clear who gave birth to the child. However, determining the father of the child is not as easy of a task and is an unique area of family law in Illinois. When a child is born, there is not a foolproof way of identifying father, short of DNA testing, which is not always completely conclusive.

In Illinois, there are ways to establish paternity, however, based on the complications that can arise in determining the identity of the father of the child. A presumption of paternity is created when the father is listed on the birth certificate or if the mother and father of the child sign an acknowledgement of paternity, which is a legal document stating that the man is the father of the child.

Agreements for settlement of divorces in Illinois

Divorce can happen for many reasons, either because the parties fell out of love or generally do not see eye to eye on various issues. That is partly what makes the divorce process emotional and sometimes difficult or contentious. There are many issues that need to be resolved during an Illinois divorce, and therefore there are plenty of issues to disagree about.

However, discord doesn't always have to be the case. The couple can use mediation and other tools to attempt to reach an agreement. Both parties may not be completely happy with the outcome, but often times it is better than presenting all the issues to a judge and being bound by whatever is decided by a third party.

How does domestic violence affect child custody?

Domestic violence can have very harmful effects on Illinois families. Beyond the physical pain and injuries it causes, the emotional effects can last a lifetime. Often domestic violence is passed on to the next generation. Due to the devastating consequences, the Illinois Legislature and courts have made numerous attempts to protect the victims.

A victim's first priority is to get out of the abusive situation and get their children out of it. Orders for protection or other restraining orders can help keep an abuser away from the victims. The law also makes it difficult for abusers to have custody or even visitation rights with their children.