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Family Law

Child Custody

Are GAL Communications and Work Product Covered By Attorney-Client Privilege?

Are GAL Communications and Work Product Covered By Attorney-Client Privilege?

In this article, we will answer a reader question: “are Guardian Ad Litem communications and work product covered by attorney-client privilege?”

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Tips for Positive Parenting Time Exchanges

Tips for Positive Parenting Time Exchanges

In this article, we will give helpful tips on negotiating parent time with an ex-spouse.

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At What Age Can Children Decide Where They Want to Live in Illinois?

At What Age Can Children Decide Where They Want to Live in Illinois?

In this article, we will answer the question, “at what age can children decide where they want to live in Illinois?”

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Illinois Grandparent Visitation Rights Explained

Illinois Grandparent Visitation Rights Explained

In this article, we explain visitation laws for grandparents in Illinois. While parents have fundamental rights to see and raise their children, grandparents do not. Third party guardians, including grandparents, cannot easily interfere with a parent’s rights unless a child is in danger.

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What Happens if the Father’s Name is Not on the Birth Certificate?

What Happens if the Father’s Name is Not on the Birth Certificate?

In this article, we will explain what happens if the father’s name is not on the birth certificate. We discuss what a father can do if he is not on the birth certificate, as well as how not having the father on the birth certificate affects the child.  In a previous article, we discussed what rights a father has if he is listed on the birth certificate of a minor child.

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What is the Difference Between a Guardian Ad Litem, a Child’s Representative and an Attorney For the Child in Illinois Child Custody Cases?

What is the Difference Between a Guardian Ad Litem, a Child’s Representative and an Attorney For the Child in Illinois Child Custody Cases?

In this article, we will explain the difference between a Guardian Ad Litem, a Child’s Representative, and an Attorney for the Child in Illinois Child Custody Cases.  

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Guardian Ad Litems in Illinois Child Custody Cases Explained

Guardian Ad Litems in Illinois Child Custody Cases Explained

In this article, we will explain the role of a Guardian ad Litem in Illinois child custody cases and answer the following questions:

  • What is a Guardian Ad Litem?
  • What does a Guardian Ad Litem do in an Illinois child custody case?
  • When will a Guardian Ad Litem be appointed in a child custody case?
  • Who pays for a Guardian Ad Litem?
  • How much does a Guardian Ad Litem cost?, and can a Guardian Ad Litem be removed?
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Illinois Parenting Laws 2018 | Illinois Child Custody 2018

Illinois Parenting Laws 2018 | Illinois Child Custody 2018

In this article we will explain Illinois parenting laws, including allocation of parenting time and responsibility.  We will discuss Illinois’ change from child custody and visitation to allocation of parenting time and responsibility.  We will explain Illinois parenting plans as well as what happens if the parents can’t agree on a parenting plan.  Finally, we will explain how parenting time and parental decision making power are determined in Illinois.

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Parenting Plans & Joint Parenting Agreements Explained

Parenting Plans & Joint Parenting Agreements Explained

In this article, we will examine the important details of Illinois parenting plans to determine the allocation of parenting time and responsibility in divorce and paternity cases, including how to file a parenting plan, what’s typically included in a plan, what happens if parents can’t agree, and what happens once the plan becomes an order.

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How to Enforce a Parenting Agreement in Illinois

How to Enforce a Parenting Agreement in Illinois

In this article, we explain how to enforce a parenting agreement in Illinois. We discuss the ramifications of a party not complying with the terms of an allocation of parental responsibilities judgment under the Illinois Marriage and Dissolution of Marriage Act. While a party may think, “If I don’t exercise my parenting time, my ex-spouse will have more time with the children and therefore everyone wins,” the act of not exercising allotted parenting time can have various consequences ranging from financial penalties to loss of future parenting time. Those consequences are discussed herein.

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Court Ordered Parenting Classes Explained

Court Ordered Parenting Classes Explained

The purpose of this article is to explain Illinois court ordered parenting classes and answer some of the most frequently asked questions regarding parent education. 

When Are Parenting Classes required In Illinois?

​According to Illinois law, parenting classes are required whenever parents of minor children are engaged in a court proceeding involving allocation of parenting time and responsibility, formerly referred to as custody and visitation.  This includes post-judgment cases involving modification of parenting time and responsibility or relocation of the child. 

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Allocation Of Parenting Time & Responsibility Explained

Allocation Of Parenting Time & Responsibility Explained

Where has child custody gone?

For the first time since 1972, major revisions to the Illinois Marriage and Dissolution of Marriage Act (“IMDMA”) came into effect in 2016. One of the most significant of these revisions was in terms of how the Courts view child custody of minor children. A parent no longer has “custody” over a child, they now exert “parenting time” and “decision making authority” over the child.

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Illinois Custodianships Explained

Illinois Custodianships Explained

In this article we will explain everything you need to know about Illinois custodianships and the Illinois Uniform Transfers to Minors Act.

What is a custodianship?

The Illinois Uniform Transfer to Minors Act (760 ILCS 20, et. seq.) allows one to transfer property to a minor, subject to the management of a custodian. A custodianship in Illinois is a relationship whereby an adult is given the power to manage a particular piece of property on behalf of a minor until the minor reaches age 21.  The transfer is an irrevocable gift, and the minor receives legal title to the custodial property.  The minor’s guardian will have no authority with respect to the property.

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Factors Illinois Courts Consider For Child Custody

Factors Illinois Courts Consider For Child Custody

In a child custody proceeding, the court will make its determination of custody issues based on the "best interest of the child."  The best interest of the child is determined on a case-by-case basis by weighing several factors listed in the Illinois Marriage and Dissolution of Marriage Act (IMDMA) as well as any other factors that the court finds relevant, including those that have been developed by case law. 

‍The factors listed in the IMDMA are:

  • The wishes of the parents; 
  • The wishes of the child; 
  • The interactions and the relationships between the parents and the child; 
  • The child's adjustment to his or her home, school, and community; 
  • The mental and physical health of both the parents and the child; 
  • Whether abuse has occurred either to the child or to any other person; 
  • Whether the parents have the ability to cooperate; 
  • The living situation of the parents; and
  • Whether either of the parents is a sex offender.

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