Who Represents Children in Custody Matters?

The differences between GAL, Child Representative and Attorney for the Child By Gretchen V. Schrader In order to protect your children’s best interests in a divorce or parentage case, the judge may choose to appoint an attorney to represent your children. The judge may do this of his or her own volition, or one of the parents might request it. This usually happens if the parents are struggling to reach an agreement regarding the allocation of parental responsibilities (specifically, parenting time and decision-making). The person being appointed is an attorney, but they can take on various roles. There are three
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Categories: Child Custody and Child Support.

Pets and Divorce

A common question that comes up in divorce cases is, “what do we do about our pets?” According to the American Pet Products Association, approximately 44% of American households have a dog and 35% have a cat. Yet until recently, the laws in Illinois were silent as to how pets should be addressed in divorces. Even though our beloved companion animals feel like members of the family, they were treated no differently than items of personal property.
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Categories: Divorce and Separation.

Modifying Allocation of Parental Responsibilities (formerly known as Custody)

Many times after a case is finalized, one of the parties wishes to modify the parenting arrangement. “Allocation of Parental Responsibilities” is what was formerly known as “Custody” in Illinois. Learn more about modifying allocation of parental responsibilities.
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Categories: Child Custody and Child Support.

What Are the Different Types of Courtroom Proceedings?

Throughout your family law case, your attorney should inform you about any upcoming court dates. There are a variety of different types of courtroom proceedings that will take place during your case, some of which you will need to attend and others your attorney can cover on your behalf. Learn more about each type of proceeding's purpose and procedures.
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Categories: Divorce and Separation.

Enforcement of Orders in Family Law Cases

Once a court order or final divorce judgment has been entered by a Judge, the terms contained therein become enforceable. This means that if one party does not comply with the agreement, the other party can go back to Court and seek enforcement. For example, if an order provides that one party is to pay the other $1,000.00 per month for child support and the supporting party fails to do so, the receiving party can go back to Court and request that the order be enforced so the support is paid.
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Categories: Divorce and Separation.

Allocation of Parental Responsibilities

In divorce and parentage cases, Allocation of Parental Responsibilities (“APR”) describes what was formerly known as “custody” in Illinois. APR can be one of the most emotional and contentious components in family law cases. However, the goal is to create a parenting plan that’s in the best interests of the child(ren). APR addresses two main categories of child-related issues: decision-making responsibility and parenting time.
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Categories: Child Custody and Child Support.

Mediation of Family Law Cases

There are several options that couples, parents and others going through a family law case can take to come to a resolution of the disputed issues. While litigation is sometimes unavoidable, more people are attempting to resolve cases through various forms of alternate dispute resolution (ADR). One type of ADR is mediation.
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Categories: Divorce and Separation and Mediation.

Relocation

Relocation (formerly known as “removal”) means permanently moving with the minor child(ren) to a new location that is a certain distance from the child(ren)’s current primary residence. Depending on the circumstances, it may be necessary to seek permission from the other parent and/or the Court before relocating with your child(ren). This article discusses when it’s necessary to take action before relocating, and outlines the required procedural steps.
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Categories: Child Custody and Child Support and Divorce and Separation.

Interim Attorney’s Fees – “Leveling The Playing Field”

If your spouse controls most of the marital assets and prevents you from accessing those assets for purposes of retaining your divorce lawyer, you can seek expedited relief from the Court so that you can gain access to those assets and retain an attorney to represent your interests.
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Categories: Divorce and Separation.

Child Support in Illinois

The relevant statute in Illinois that governs child support is Section 505 of the Illinois Marriage and Dissolution of Marriage Act (“IMDMA”). Learn more about how long child support lasts, how child support is calculated based on the payor’s net income, how child support can be paid, and the tax implications of child support.
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Categories: Child Custody and Child Support.