These days, many Illinois couples who make the decision to separate may not be married. Whether married or not, those with children typically have to consider child custody. Until recently, custody cases involving single parents were not held in the same courtrooms as those with divorcing parents. This has since changed, however.
Parents hold a lot of responsibility for ensuring their children get to spend time with each of them after a divorce in Illinois. The court's work hard to ensure both of you are in your children's lives and that visitation is not something difficult for anyone. However, custody and parenting time can be compromised if you or the child's other parent decides to move and it is deemed a relocation.
In some cases, you do have the right to stop an adoption of your child in Illinois. You must first claim paternity of the child. This is often done when the mother voluntarily puts your name as the father on the birth certificate, but if that does not happen, it is up to you to claim your parental rights. The state has set up the Putative Father Registry, which according to Illinois.gov, is a database where you can make a claim of paternity and gain some rights.
Family dynamics are always difficult, but they can become even more so when a divorce occurs. Many children in this situation feel torn between their parents. Some children blame one parent for the situation. Emotions can run high. When this happens, children may refuse to visit their non-custodial parent. This leaves the custodial parent in a sticky situation.
After a divorce in Illinois, one parent is typically granted physical custody of any children. This parent is who the children live with the majority of the time and who has general decision-making responsibly over the children on a day-to-day basis. If the parent decides to move and relocate the children, certain steps may need to be followed.
If you have children and are getting a divorce in Illinois, you will hear the term “parenting time.” This is a newer term being used instead of visitation. We at Lois Kulinsky & Associates, LTD, are familiar with parenting time and how it applies to divorce cases. It is important that you, too, become familiar with this term and what it means.
Military custody agreements share many similarities with civilian agreements, but notable exceptions exist. Serving in the United States military often requires deployments or relocations with minimal notice.
If you are owed back child support, you may benefit from the federal tax refund offset program. According to the Office of Child Support Enforcement, if you qualify, the federal government will take the back support owed out of your child’s other parent’s tax refund. They then send it to the child support agency in Illinois, who will then pay you. If you are on public assistance, then you are eligible for the program if you are owed at least $150, but if you are not on assistance, then you will need to have a back child support balance of $500 or more.
Child custody can be one of the most contentious elements of a divorce. In most cases, it is beneficial for both parents to be involved in a child’s life, but often single parents are at odds about their parenting arrangements. This can be particularly difficult if paternity has not been adequately established. At Lois Kulinsky & Associates, Ltd., we understand that paternity fraud can make things especially difficult for you or other Illinois residents who may have experienced it.
If you live in Illinois, the answer to this question depends on your situation. First, it is important to understand what the state considers a rape offense. According to the Illinois Bar Association, these include, but are not limited to, the following: criminal aggravated sexual abuse, criminal sexual assault of a child, aggravated criminal sexual abuse, sexual relations with a family member, predatory criminal sexual assault of a child, criminal sexual abuse and criminal sexual assault. If the father is convicted of an offense that falls under that category, then he is automatically denied any parental rights to the child born from that act.