If you are thinking about bringing a child into your family through adoption, congratulations! Adoption is a blessing for both the adopted child and the adoptive parents. However, adoption is not without its share of complications - legally, financially, and emotionally. One question you may be exploring as you research adoption is whether you should have an open adoption or a closed adoption. In an open adoption, the adoptive child and the child's biological parents stay in contact with each other. During a closed adoption, the adopted child does not communicate with or visit the biological parents. In some cases the child may not even know who his or her biological parents are.

Closed Adoptions Sever the Child’s Relationship with His or Her Biological Parent Entirely

In a closed adoption, the adopted child is no longer a part of the biological parents’ lives. The adoptive parents assume the role of primary caregivers in the child's life. The child may grow up and eventually want to reconnect with his or her biological parent. However, while the child is a minor, the biological parents do not have any access to the child.

Closed adoptions are recommended for cases in which a child has been removed from a home due to abuse, neglect, or severe substance abuse. In situations like these it may do more harm than good for the child to maintain contact with his or her biological parents.

A last will and testament is usually associated with the distribution of assets after a person's death. While instructions for asset distribution is an essential feature of any will, it is not the only purpose a will serves. A will also allows you to designate a guardian (or guardians) for minor children in the event that both parents pass away before the children are adults.

The designation of a guardian or guardians is an extremely important task, but it is one that many parents tend to put off. Understandably, it can be upsetting to think about who you would want to raise your children if you and the child's other parent pass away. However, it is still essential to make a decision. Without a designated guardian, the court will decide who raises your children, and this may not align with your wishes or expectations.

How to Choose the Right Guardian for Your Children

When selecting a guardian for minor children in your will, there are several factors to consider. It is important to select someone who has similar values and beliefs as you do, and who will prioritize the children's best interests. Consider whether the guardian lives in a place that you would want your child to grow up in and has enough financial stability to provide for their needs. Ask yourself, is this person emotionally and physically prepared for the task of raising a child? Is he or she willing to take on this responsibility? You may also want to consider appointing a backup guardian in case the first choice is unable to act as guardian.

Property and financial matters are often some of the most consequential aspects of a divorce. Whether a divorce is resolved through a settlement or by the court, each spouse's income, debt, and property will play a key role in the divorce outcome.

Financial transparency is essential to a fair divorce settlement, which is why it is important to know exactly what you and your spouse own and owe. Unfortunately, it is not uncommon for one spouse to deliberately hide assets from the other or lie about his or her income. This type of financial deception can significantly skew issues such as property division arrangements and child support calculations.

If you are getting divorced, make sure you are vigilant for signs of deception regarding finances. Work with an experienced divorce attorney who can help you uncover your spouse's financial activity and provide proper guidance.

Domestic violence is more common than many people realize. Husbands and wives in abusive marriages often keep quiet about the abuse due to fear, embarrassment, or a desire to protect their spouse. Unfortunately, abuse tends to escalate - especially when an abused spouse tries to leave the relationship.

Studies show that three-quarters of all serious injuries caused by abuse occur when the victim tries to end the relationship. Divorce can prove to be a very dangerous time for victims of domestic abuse. If you are in the process of divorcing an abusive partner, it is important to seek legal protection. An emergency order of protection (EOP) may be necessary to ensure your safety and the safety of your children.

Indications it May Be Time to Seek Legal Protection Through an EOP

Illinois law defines abuse as physical abuse, harassment, intimidation of a dependent, interference with personal liberty or willful deprivation. Physical violence is not the only type of abuse that may warrant a protective order.

The term paternity refers to the legal father-child relationship. “Parentage” is the gender-neutral term currently used in Illinois law to refer to the legal parent-child relationship. Paternity or parentage may be established in a variety of ways. In some situations, parentage is automatically established. In other cases, parents must complete certain steps to establish parentage. There are many benefits associated with establishing parentage, and parents who have not established parentage are limited with regard to their parental rights.

Do I Need to Do Something to Establish Parentage?

Parentage is assumed in certain situations. In Illinois, if a man is married to the mother of a child at the time of birth and his name appears on the birth record, parentage is automatically established. However, unmarried parents may need to take additional steps to establish parentage.

How Do You Set Up Parentage or Paternity?

In Illinois, parentage or paternity is established in one of three ways:

Giving to charity through an estate plan allows a person to leave a lasting impact beyond their own lifetime. Charitable trusts are one of the most powerful and effective estate planning tools for those who want to give back to those in need. A charitable trust is an irrevocable trust that provides tax benefits for both the donor and the charity receiving the funds. If you are interested in giving money or other assets to charity, work with an estate planning lawyer who can provide the guidance you need.

Basics of Charitable Trusts in Illinois

When you create a charitable trust, it must be in writing and must meet the criteria set by Illinois law. It must also meet the qualifications of a charitable organization, which means that it must have an independent board to oversee investments, spending, and donations. The trust should specify the types of charities that can receive funds from it, as well as any restrictions for those contributions.

Benefits of Charitable Trusts

Charitable trusts offer tax breaks for the donor. The donor is entitled to deductions on their income tax return for any contributions made through the trust. In addition, since the funds are given directly to charity, there are no capital gains taxes due when the funds are distributed from the trust.

Amazon, Meta, Twitter, Peloton, and several other companies have announced massive layoffs in recent months. Many employees were let go from jobs with little to no warning, leaving them bewildered and unsure of what to do next.

If you were recently fired or laid off from your job, you know just how upsetting it can be. Many people in this situation have child support or spousal support obligations. Affording support payments after a job loss or income reduction can be extremely difficult, and sometimes impossible. Fortunately, you may be able to modify your divorce decree to reduce your financial obligations.

Changing Your Illinois Child Support Order

Child support payments are intended to help provide for the child. Consequently, Illinois courts consider child support a child’s right and modifications are only granted under certain circumstances. You can modify your child support order if there is a “substantial change in circumstances.” Typically, a significant change in the income of either parent justifies a child support modification. However, Illinois courts treat voluntary unemployment differently than involuntary unemployment. Parents who intentionally quit their job or take a lesser-paying job to reduce their child support obligation are not looked upon favorably and the court may deny a modification request in this situation.

Stepparent adoption refers to the adoption of the child of one's spouse. Stepparent adoptions are often done when the biological parent cannot be found or has abandoned the child, or if there is a need to change the legal relationship between the stepparent and stepchild. Although many stepparents are closer to their stepchildren than the child's biological parents, stepparents have very few legal rights. For example, if a stepfather helps raise a stepson and then he and the child's mother divorce, the stepfather has no right to parenting time with the child.

Fortunately, Illinois law offers a legal avenue for stepchild adoption. Once a stepparent adopts a child, he or she gains all of the rights and responsibilities associated with being a parent. If you are interested in adopting your stepchild, read on to learn more.

Illinois Stepparent Adoption Laws

To adopt your stepchild in Illinois, you must meet the following requirements:

If you are getting divorced, statistics show that financial problems likely played a role. Money problems are one of the most common reasons why marriages end, and they can be a massive source of stress during the divorce process.

To make matters worse, some spouses will try to spend as much money as possible before the divorce is final in an attempt to prevent their ex from getting a fair share. Other spouses spend money on a new boyfriend or girlfriend or on expensive gifts for themselves. This is known as dissipation of assets, and it can have a major impact on the division of property in a divorce.

What is Dissipation of Assets?

The word dissipation means to waste or to use up. In the context of divorce, dissipation of assets occurs when one spouse uses marital property for his or her own benefit and not for the benefit of the marriage. This can include spending money on a new relationship, buying expensive gifts, or going on lavish vacations. Dissipation is a common issue in divorce cases involving infidelity. For example, if a spouse bought an affair partner an expensive diamond necklace, this may be considered dissipation.

It is important for everyone to have a last will and testament. A will allows you to determine exactly how your assets are distributed to loved ones after you pass away. Furthermore, having your wishes established in writing prevents family members and other loved ones from having to guess how you would want asset distribution handled.

Unfortunately, even the most detailed will cannot completely eliminate the chances of someone being upset regarding the will’s directives. Family members may feel that they were given an unfair share of your estate or otherwise disagree with the decisions you have made. They may contest the will in court, claiming that the will is not valid and should be thrown out.

If you are worried about people contesting your will after your death, one option you have in Illinois is a “no contest” clause.

Almost no parent wants to be involved in a contested child custody case. When a case involving parenting time arrangements and the allocation of parental responsibilities must be decided by the court, rather than the parents, it is quite normal for the parents to feel nervous. The outcome of a child custody case is not always predictable. You may feel as if you have been left in a state of limbo, uncertain as to how your relationship with your child will continue in the future. 

If you learn that a guardian ad litem has been appointed to your case, you may not be certain exactly what a guardian ad litem does, or how the presence of one may affect your case. Fortunately, you can rest assured that bringing in a guardian ad litem is a very normal part of a child custody dispute. The role of the guardian ad litem is simply to conduct an independent investigation into what type of arrangement is likely to be in the child’s best interests and to report the results to the court and the parties. If you are involved in disputed custody proceedings, it is critical that you have strong legal representation. 

Historically, a spouse who does not work for pay or earns relatively little would face significant barriers when seeking a divorce. Up until the relatively recent past, women were likely to be financially dependent on their husbands and would have faced intense hardship in trying to leave a marriage. Now, while either or both spouses may enjoy a career, many families still divide household duties so that one party may primarily focus on domestic labor while the other works for pay. It can still be challenging for the party who earns less income to leave. Not many largely dependent spouses have sufficient funds to move out of the marital home and begin a new life without needing some form of spousal or child support from their spouse - before the divorce is finalized. In Illinois, temporary support can be ordered during a divorce in many cases where it is needed. If you are interested in pursuing a divorce but would need assistance while the divorce is in progress, an attorney may be able to help. 

Temporary Support Orders During Divorce

Temporary orders generally last until a divorce has been finalized. Once a divorce has been finalized, permanent support orders may be issued. However, temporary support can help you and your children stay financially secure during a time of difficult transition. Other types of temporary orders can help you stay safe as well. 

Some forms of support may require that you submit a financial affidavit demonstrating a need. Forms of temporary relief that may be granted while a divorce is pending may include: 

 Adopting a child can be a joyous occasion for families who have been pursuing parenthood for extended periods of time. However, some adoptions occur because they are necessary rather than a long-pursued outcome. Other types of adoptions are nontraditional, allowing a child’s birth parents continued contact. There are multiple paths to parenthood in Kendall County. Each prospective adopter must carefully consider how each type of adoption may suit their lifestyle and plans for the future. If you are considering adopting a child, it is important to carefully consider each type of adoption in order to assess what is right for you and your existing family. Adopting is not designed to be an expedient and inexpensive process, but rather, to ensure that children eligible for adoption will be placed in suitable homes. Before you initiate the adoption process, it may be wise to speak with an attorney. 

Different Types of Adoption for Different Family Needs

If you are pursuing parenthood through adoption, it is critical to be well-informed about the options that may be available. The major types of adoption potentially available to Illinois residents include: 

• Agency adoption - This is the classic style of adoption used by prospective parents who are interested in adopting an infant born to an often anonymous stranger. Agencies match prospective parents to an infant whose birth parents have placed them for adoption to parents willing to adopt. Infants placed by agencies generally come with no family ties, and there is no obligation to remain in contact with the birth family. 

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Generally, leaving behind no will (intestacy) is a poor idea. Even if the people who ultimately inherit from you under intestacy law are the people you would have wanted to inherit from you, not having a will or a trust that controls your estate property is going to make things more difficult for them. It is not easy to pass an intestate estate through the probate courts. There is a high level of court supervision involved in this process, and this can slow things down significantly. It could take a year or more in some cases before your surviving family members can claim anything that belonged solely to you. Intestacy is meant to be the “default” estate plan. It is designed to match what the state thinks you probably would have wanted but is rife with imperfections. If you do not already have an estate plan, the time to speak to an attorney is now. 

Understanding Illinois Intestacy Code

Any portion of your estate that is subject to probate will be distributed - eventually - according to the laws of intestacy. These laws are meant to prioritize your closest living relatives, but cannot take into account the nuances of your family’s relationships and needs. 

Generally, if you leave behind a spouse and descendants, your spouse will inherit half your estate, and your descendants will split the other half. Usually, this means that half will be divided among your children. However, if one of your children predeceased you but left a grandchild, the grandchild will inherit the share that would have been their parents. If you are already confused, you are not alone. 

No one wants to be involved in a disputed child custody case. If you are at the point where you are asking a court to decide on custody issues, you are likely in one of two situations. Either you have tried everything to work out an agreeable custody schedule with the other parent and were unable to do so, or you believe the children would be in danger if left alone with the other parent. Neither situation is enviable in the slightest. You should know that in most cases, Illinois courts favor a joint custody arrangement, but there are exceptions. Understanding how the court will go about making this decision can help you be prepared for the hearings to follow. With so much at stake, you need to be represented by an experienced child custody attorney. 

Factors in Deciding Parenting Time Arrangements

The deciding factor in a child custody case is always the best interests of the children. Illinois courts entire mission is to decide what type of parenting time schedule will best serve the emotional, physical, and social needs of the children involved. Factors the court will consider include: 

• Child’s wishes - The children’s wishes do matter, however, the judge will also consider the child’s age, maturity, and reasoning skills. Judges are well-aware that younger children are much more susceptible to bribery, and that some children will pick the “fun” parent over the reasonable parent. 

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It is not uncommon at all for one spouse to seek a protection order during a contentious or high-conflict divorce. Even knowing this, you may be taken by surprise when someone from the sheriff’s department shows up and hands you a stack of papers saying that your spouse has been granted an emergency protection order against you. When you get this initial pile of paperwork, you might be shocked and upset. It is important to understand what being served with a protection order means and what to do if this happens to you. Usually, there will be a hearing held about a week to ten days after you are served with the protection order. At the hearing, you will have the opportunity to challenge the protection order. At this hearing, it is important that you are represented by an attorney if you are not already. 

What Does Getting Served With an Ex Parte Protection Order Mean?

“Ex parte” just means that the court took action while one of the parties involved was not present. If you have been served an ex parte order of protection, it means that your spouse went to court without you and told a judge or magistrate that they are in immediate danger of domestic violence and need emergency protection from you. 

At most ex parte protection order hearings, the court will grant an emergency restraining order that takes effect as soon as you are served. However, they will schedule a second, full hearing. You have the right to be present at this hearing and represented by an attorney. At this hearing, both sides can present evidence and call witnesses. Your spouse will have to prove that you are a danger to them in some way. You should have an attorney there to defend you against these allegations.

Divorce can be contentious, emotionally debilitating, and costly, most especially when children are involved.  Under Illinois law, all decisions are determined in the best interest of the child.  A parenting plan includes decision-making responsibilities of the child, and parenting time, formerly visitation, that each parent has with the child. An agreeable parenting plan begets a harmonious home life for the child.  

Achieving and adhering to a parenting plan can sometimes be complicated. A divorce lawyer can negotiate an agreeable parenting plan or facilitate post-decree enforcement of the parenting plan. 

Four Disputes in Decision-Making Responsibilities

1. Education – Where the child attends school is often a source of conflict. A parent may want the child to be enrolled in a private or religious-based school, like a parochial one, while the other parent may wish the child to attend public school. Sometimes tuition costs are the primary factor of this conflict. Academic achievements and a competitive grade point average may also be an issue as one parent may be more lenient while the other is not.  

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Estate plans specify how assets are handled after a person’s death or during a person’s incapacitation. This preparation provides a family with peace of mind and can help eliminate the burden of possible lengthy probate proceedings and costly legal fees. A will not only outlines how an estate is allocated but also assigns the executor. If the dependents are children, estate planning can determine guardianship.

Without a valid will, the person who died is considered to have died intestate, designating the state as the executor. The state then determines the recipients and handles the estate distribution according to state law. A detailed, legitimate will is essential if you wish your assets to be distributed a certain way. A will has ilmitations, so establishing trusts further protects one’s wishes. An estate planning attorney can explain the different types of trusts and help select the ones suitable to a client’s needs. 

Differences Between Trusts and Wills

Unlike a will, a trust takes effect immediately. In a trust, the trustor must transfer their property into the trusts, while a will only entails listing the estate and recipients. Transferring real estate property into a trust often necessitates retitling the property. 

If you are paying or receiving child support, you know that the circumstances of your life and the life of your child may have changed dramatically since the original child support order was approved by the court. In Illinois, your child support order is eligible to be reviewed for a modification every three years. However, there are qualifying events that may allow you to modify the order between the normal review cycle.

Steps in the Modification Review Process

Either parent can ask the Illinois Division of Child Support Services (DCSS) to review the child support order for possible modification. The parent must demonstrate in their modification request that a substantial change in circumstances has occurred or that the other spouse has agreed to the change. Situations that may allow a child support modification include:

• The parent who is making the cild support payments has had a substantial decrease in income. This could be due to a job loss, an involuntary cut in pay, or a serious injury or disability. They could petition to have the monthly payments decreased.

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Planning ahead for your future medical needs can feel like a daunting proposition and a difficult subject to consider. Nobody wants to think about a time when their own care may be out of their control. However, it is beneficial to ensure that important decisions about your own medical care are in the hands of someone you trust and who knows your wishes. An experienced estate planning lawyer can help you establish a power of attorney for health care and remove some of the uncertainty about your future care.

What a Power of Attorney for Health Care Can Cover

A health care power of attorney allows you to choose an agent, who should be a close family member or trusted friend, who will have the authority to make decisions about your care on your behalf. They will also have access to your medical information to allow for informed decision-making. It will typically take effect if you become incapacitated and unable to make decisions about your own care.

The agent will have the legal power to make important decisions about the type of treatment that you will receive, and your admission or transfer to a hospital, a hospice facility, or other health care location. After your death, the agent would have the power to carry out your wishes about how your remains will be treated, including burial, cremation, and whether to donate your organs.