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What if a Parent Blocks a Grandparent’s Visitation With Grandchildren?

Posted on May 24, 2019 in Visitation
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Wheaton grandparents' rights attorneyGrandparents provide a wealth of loving care and family traditions to the younger generation, and most grandchildren will remember the time with their grandfathers and grandmothers well into their own adulthood. Grandparents add value to the lives of young children in immeasurable ways. Unfortunately, old feuds can get in the way of grandparents’ visitation rights, especially when the parents of the children separate or get divorced. In many cases, a child’s parent may disallow visitation with their ex-spouse’s parents, though it is sometimes a grandparent’s own children that disallow them from seeing their young loved ones.

What Steps Can I Take as Grandparent?

In Illinois, grandparents can petition the court to secure visitation rights with grandchildren. However, a grandparent must show that by not seeing their grandparents, the child is being harmed. As such, “the burden is on the party filing a petition” to prove that the parent’s decision about visitation will “cause undue harm to the child's mental, physical, or emotional health,” according to Illinois statute 750 ILCS 5/602.9. A grandmother or grandfather must show that the time spent with them has a positive impact on their grandchild’s mental, physical, and emotional well-being.

Having a close relationship with a grandparent benefits children’s well-being; previous research has shown that these types of relationships can reduce depressive symptoms in both the grandparents and the grandchild. If this is so widely known, and many studies have come to the same conclusion, does that mean that a court will simply accept a grandparent’s and child’s mutual wishes to continue spending time with one another? Sadly, the situation is more complex than this.

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Is Pet Custody Treated Like Child Custody in an Illinois Divorce?

Posted on May 20, 2019 in Divorce
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Wheaton divorce pet custody attorneyNumerous studies have shown that pets have a profoundly beneficial impact on our lives. In fact, the bonds that we create with dogs, cats, and other companion animals can be just as strong as the ones we create with other humans. Pets can even provide a variety of physical and mental health benefits for their owners, including lower blood pressure, reduced stress, lower levels of loneliness, and stronger immune systems for babies. Pets can also provide support for children with disabilities and autism, and they often help create an overall higher degree of happiness.

Because dogs, cats, and other pets quickly become irreplaceable members of our households, it can be difficult for both owners and the pets themselves when a divorce rips them away from us. However, by working with a skilled attorney, you can determine your best options for addressing ownership of your pets during your divorce.

A Pet’s Well-Being Is Taken Into Account During Pet “Custody” Disputes

There is good news for divorcing pet owners: Illinois recently passed a law that requires courts to take into consideration the well-being of pets when making decisions about pet custody, or, more accurately, pet ownership. While pets are still considered to be part of the marital property that should be divided between spouses, in many cases, spouses are able to come to an agreement regarding pet ownership, which can be sole or joint, just like child custody.

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What Factors Are Considered When Determining Alimony in Illinois?

Posted on May 17, 2019 in Alimony/Spousal Support
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DuPage County spousal support lawyerAlimony, also called spousal support or maintenance, is a payment from the higher-earning spouse to the lower-earning spouse during divorce or after the divorce has been finalized. There are various forms of spousal support, and these may be awarded based on the needs of the lower-earning spouse and the means of the higher-earning spouse to pay. A few examples of types of spousal support include reimbursement alimony, lump-sum alimony, rehabilitative alimony for vocational training or education, temporary alimony paid during the divorce, and permanent alimony.

In most cases, alimony is not permanent; instead, it is set for a specified length of time and, after that time period ends, the payments will cease. As a potential paying spouse or receiving spouse, you likely have questions about how the court makes a decision about alimony, or how both parties may reach a mutual decision about alimony outside of the courtroom. A skilled DuPage County spousal support attorney can provide all the details you need to know and assist you in reaching an outcome that provides for your financial needs.

How The Court Awards Alimony

According to Illinois statute 750 ILCS 5/504, the following factors are used to determine whether maintenance is appropriate:

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How Can I Set Rules For Raising My Children After My Divorce?

Posted on May 14, 2019 in Child Custody
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Wheaton parenting plan attorneyThe American Academy of Pediatrics recommends zero screen time for children under two years old, and it encourages “consistent limits” on screen time for children six years old and older. However, the average child between the ages of 8 and 18 spends seven hours a day in front of a screen, and too much screen time can be detrimental to children’s physical health, development, and motor skills. As a parent, you only want the very best for your child, and you may choose to set limits on their screen time in order to ensure their health and well-being. But what if your ex-spouse does not agree with these or other rules?

It can be extremely difficult for a divorced parent to deal with a former partner who, in their opinion, does not have the best interests of their child in mind and demonstrates this by allowing their child to spend unlimited time watching TV or bent over a smartphone. Parents may be able to address these concerns during divorce and in the years after by creating a parenting plan that works for the children first and the parents second, with a focus on open communication and compromise between the parents.

Addressing Different Parenting Styles

Divorced parents may have different parenting styles, and this should not necessarily be seen as a negative. In fact, it is a great asset for children to have both a mother and a father actively involved in their lives, and this is something that should be preserved unless there is serious reason to believe that one parent is negligent or abusive.

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How Social Media Can Affect Your Divorce Case

Posted on May 09, 2019 in Child Custody
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Wheaton divorce lawyer social media evidenceIn the United States, social media usage is continuing to rise across all age groups, according to the Pew Research Center. The typical American uses at least three of the following social media platforms: YouTube, Facebook, LinkedIn, Twitter, Instagram, WhatsApp, Pinterest, and Snapchat. As virtually any lawyer will warn a client, it is best to stay away from social media during legal proceedings. This is particularly true for those going through a divorce or a child custody dispute.

Online Posts Can Be Used Against You

During the divorce process, social media can be used to uncover evidence that may be used against either party. For example, a father’s lack of judgment may be shown by an Instagram picture of him driving with an open can of beer in the car, or a wife’s extravagant vacation spending may be gleaned from a Facebook post. The former could be used to argue that the father should have limited parental responsibilities or parenting time, while the latter could be used to refute the wife’s argument that she does not have the means to pay spousal support.

Regardless of whether you are still living with your spouse or the two of you are no longer under one roof, you will likely want to reduce your social media presence during your divorce proceedings. In some cases, a social media post, comment, or picture may not be representative of your true character, or it may be taken out of context. This type of evidence can put you in a bad light, and it may be a factor considered by a judge when making a decision that is not in your favor.

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