Masters Law Group Welcomes New Associate, Karly Armstrong

Masters Law Group is pleased to announce that Karly Armstrong has officially passed her bar, joining the firm as an Associate Family Law Attorney. Karly currently provides general practice for the firm, including family law. 

Karly Armstrong received her B.A. in Political Science & Interdisciplinary Social Sciences – International Studies from the State University of New York at Buffalo in 2016 and graduated magna cum laude. Throughout her time at the State University of New York at Buffalo, she was in the advanced honors program and wrote her undergraduate thesis on Middle Eastern women’s rights movements. 

Karly Armstrong

Karly received her J.D. from Loyola University Chicago School of Law in May 2021. At Loyola, she was on the ABA Negotiations Team. She also was a student clinician at the Loyola Community Law Center where she served as a Guardian ad litem in contested minor guardianship proceedings. Karly took her Illinois bar exam in July 2021 and passed. She has been admitted to the Illinois bar since November 2021.

Karly thoroughly enjoyed her time spent as a clinician at the Loyola Community Law Center and is excited to start her new career as a family law attorney at Masters Law Group.

Congratulations on passing your bar and welcome to the firm, Karly!

ABOUT MASTERS LAW GROUP

Recently named in Best Law Firms 2021 and regionally ranked in 2 practice areas, the U.S. News – Best Lawyers®, Masters Law Group LLC handles family law matters in Cook County, Illinois and surrounding counties. We concentrate in the area of domestic relations, which includes divorce, allocation of parental responsibilities, child support and related family law matters.

Contact us here today to set up a consultation.

 

5 Tips to Survive the Holidays Co-Parenting

Co-parenting over the holidays. These four words can bring either a sense of joy or dread this season, or even both. But with the right planning in place, you can experience a harmonious Hanukkah, cohesive Christmas and no-drama New Year. 

The holidays can be a magical time for everyone. Children have breaks from schools; families and friends gather for meals and multi-day celebrations; and emotions run hot. While the season brings joy and laughter for some, they can also be hard to manage – especially when co-parenting.  Yes co-parenting has its challenges on a good day, but throw in the holidays and it takes on a whole new level.

To make sure your holidays remain special for you and your children, it’s important to have a plan. Here are 5 tips to help you survive the holidays and set your loved ones up for a season of success.

  • Create a Parenting Plan

Since you and your spouse went through the formal divorce process, you likely have a parenting plan in place that also includes how the holidays are meant to be shared. If you feel that you need to make new arrangements this year and it is not your first time co-parenting during the holidays, do not save this for the last minute. A parenting plan is a legally-binding agreement and should be respectfully treated as such.

If you don’t have a parenting plan you may want to consider getting one. You can develop one informally if you are communicating well or you can have your attorney or mediator help create one for you. It’s a good idea for a parenting plan to have a system in place for how disputes should be handled if the situation arises, and a way in which parents can periodically review and make necessary changes to the plan. 

The plan may also include other provisions or information intended to help both parents understand and abide by the shared responsibilities in raising the child or children. Once you have it in place and on autopilot, you won’t have to stress over everything. Try one if you don’t already have one. It can make your life a lot easier.

  • Allow Flexibility

You’ve gone through a lot this year; trying to process divorce, finalize child support and navigate the co-parenting world – just to name a few. Add coronavirus to the mix, and you have yourself the perfect ending to a horrible year. COVID-19 has arisen many grey areas for families across the world, including parenting time schedules. Use your parenting plan as a tool to keep things focused, but while compromising might not be easy, it is an effective way to make things easier for your children, assuming they are only minor adjustments. For example, help yourself by giving your ex some wiggle room on logistics. A great rule of thumb is to plan at least 15 minutes of flex time around any child exchange. Depending on your location and the weather gets worse, you will need more flex time.

Consider having a civil conversation about what you both have in mind for the holidays and how time with the children can be shared with each of you and extended family members. Don’t wait until the last minute to begin the conversation. “The sooner the better” is in order to iron out any initial disagreements that could occur. 

Try to cooperate with each other during this emotionally-charged season and do what is needed for both you and your ex so that you can both spend happy, quality time with your children.

  • Stability is Key

Once you have made some logistical decisions, present a united front in telling the children together (if possible) what the plans are going to be. Make them feel that everything is worked out and it’s going to be a good holiday season because mom and dad have figured it out.

This will provide stability and comfort to your children. It will ease their anxiety and their concerns about mom and dad getting along during the holidays. Children think about holidays and how mom and dad are going to feel if they are alone. Give them peace of mind that everything will be okay even though you are no longer together.

  • Tolerate Difficult Circumstances (New Partners)

Divorce can be a painful and draining process. Be kind to yourself while going through your divorce. Many medical and mental health professionals recommend treating divorce like grief. There is happiness on the other side of all the legal and emotional issues, and the chances of your children feeling that pain are highly likely. If you or your ex are in the process of separating, try to not make small matters an issue. 

While the holidays can be a delicate time to test your tolerance, by doing so, you’ll look back without regret at handling these emotional issues maturely. Try to have an open discussion with each other about the role of a new significant other and how that will play in the lives of your children. Introducing a new partner is a big and important decision. Incorporating new partners into the family structure is delicate, especially during the holidays. With the help of an experienced family law attorney, you can receive sound advice on how to speak with your children so everyone involved is comfortable.

It’s important to remember to stay calm, the chances of your child remembering you losing your temper are high in the event that someone interferes with your plan. When something goes wrong, you can absolutely feel angry. The suggestion here is to try to have some patience, and focus on your child’s priorities.

  • Show Yourself Some Love

The holidays can be hard even for those who are not recently divorced, so do not begrudge yourself some self-care. There is a chance that you will spend some time alone this holiday season, and with Covid-19 variants looming, you could end up alone more than you expected.

Try to make some plans for yourself that do not involve the kids, even if it is just to sit at home on your own, binge-watching TV shows with your favorite takeaway meal. A little time to yourself can do wonders for your mood and help you get through the holidays with a little less stress. As much as you might want to make the holidays perfect for your kids, you cannot forget yourself. The happier you are, the smoother the holiday season will be them, too.

Last Thoughts

The holidays are meant to be a special time for everyone involved. And remember, having patience while trying to execute the holiday co-parenting plan is crucial to maintaining everyone’s enjoyment of the holidays. 

We hope with the help of these tips mentioned above, it can make way for you to navigate through your holidays in a seamless, appropriate and enjoyable manner. 

For more information on Divorce, Parenting Time, Allocation of Parental Responsibilities, Child Support and more, visit our website to talk to our experienced attorneys. With their in-depth knowledge and experience in Family Law, we’re sure to help you get through the holiday season together.

 

Finding the Right Chicago Divorce Attorney

The selection of your Chicago Divorce Attorney will likely be one of the most important factors in the outcome of your divorce. With such a massive pool of lawyers to choose from in the city of Chicago, making this decision could be extremely difficult. It will take research and time, but the choice of your legal representation should not be taken lightly.

Anyone seeking a divorce lawyer needs to ensure that their best interests will be kept at the forefront of the settlement negotiations. Here are a few things to look for when beginning your search for a divorce attorney in Chicago.

Setting Real Expectations & Goals

Before finalizing your choice of a divorce attorney in the city of Chicago, you must first determine what type of divorce process suits your needs, goal, and situation. There are seven types that you can choose from:

  • Contested Divorce
  • Uncontested Divorce
  • At-Fault Divorce
  • No-Fault Divorce
  • Summary Divorce
  • Limited Divorce
  • Default Divorce

It’s important to understand that divorce is a legal process with the sole purpose of dissolving your assets and resolving custody issues. That being said, it’s important to do your due diligence and find a lawyer you trust. Allow yourself to have several options by making a list of lawyers you think can provide the kind of legal service you need. It’s easy for most people to use the first lawyer they find. 

Your divorce attorney’s job is to represent you to the best of their ability in this process. You might want to consider working with a family law attorney, especially if you want a lawyer who can represent you later on if the divorce settlement is not followed. Attorneys specializing in family law are generally more experienced in divorce law than those who are not. The board-certified family law attorneys at Masters Law Group are educated, trained, and experienced in handling family law issues, as well as divorce cases. 

Read Reviews

Many choose to go with an attorney who has worked with someone they know and can assure you of first-rate service. This is where first hand recommendations come into play. But if you don’t know anyone currently (or previously) go through the divorce process, you should take the time to read their online reviews. 

An ideal attorney has the legal knowledge and experience you need, and will help you understand the process, and ultimately is experienced in your specific court system. Regardless of whether or not your divorce is headed to trial, your attorney should understand the fundamentals of family law in your jurisdiction so they can advise you appropriately on legal strategy. 

Choose Local

Family law attorneys who practice in your state or area should be your #1 priority. Working with a locally-based Chicago Attorney has a lot of advantages. The biggest advantage being, an attorney who’s familiar with state/county divorce laws and with legal officials and judges. 

All the tips and suggestions mentioned above should help make the process of choosing the right divorce lawyer in Chicago easier and more convenient for you. 

Qualifications and Work History

Legal matters involving your family, children, or spouse can be some of the most important and trying times of your life. Finding the right Chicago family law attorney can really make the difference in how painless the experience is. Lawyers can say they have experience in family law all they want but having the certifications with the State Bar Board of Legal Specialization is the best way to prove it.

Ms. Erin E Masters of Masters Law Group received her Juris Doctorate and Certificate in Child and Family Law from Loyola University of Chicago, School of Law, in May of 2004. She was admitted to the Illinois Bar in November 2004 and to the General Bar for the United States District Court for the Northern District of Illinois in 2005 and the United States District Court for the Eastern District of Wisconsin in 2020. Ms. Masters was admitted to the United States Supreme Court in March 2009.

In addition to representing clients, Ms. Masters is also a court-appointed Child Representative and has experience advocating for children in these high-conflict matters. Further, she has also been appointed by the Circuit Court of Cook County to mediate complex family law cases. Since 2016, Ms. Masters has been named “Rising Star” by Illinois Super Lawyers and has been named as an “Emerging Lawyer” by Leading Lawyers. In 2020, Ms. Masters was named “Super Lawyer” by Illinois Super Lawyers.

Masters Law Group’s Attorney, Mr. Joseph is an active trial lawyer whose practice focuses exclusively on Family Law, with a particular emphasis on International Child Abduction and cross-border custody issues pursuant to the Hague Convention of 1980 and the UCCJEA. Mr. Joseph also publishes in the area of civil litigation. Mr. Joseph has also served as an adjunct professor at DePaul University in Chicago, Illinois. Mr. Joseph is “AV” Preeminent Rating from Martindale-Hubbell Peer Review, which is the highest peer review rating available and has been named a “Rising Star” by Illinois Super Lawyers in both 2019, 2020 and 2021. Mr. Joseph is also on the list of approved Guardian Ad Litem/Child Representatives for the Domestic Relations Division of the Circuit Court of Cook County.

Last Thoughts

Masters Law Group understands that divorce is a stressful situation and that our clients want to move on with their lives. As such, we move through settlement negotiations, mediation or litigation with our clients’ assurance and well being in mind.

Whether you are facing a contested divorce, uncontested divorce, or civil union divorce, our firm’s attorneys are ready to skillfully advocate for your position and provide your voice when you need it most.

Schedule a consultation with us today to discuss our divorce services.

 

Why the Hague Convention Could Matter in Your Child Custody Case

International child custody cases are on the rise due to the mobility of couples who either desire to live abroad, move back to their home country or who receive international job assignments. Let’s take a look into the implications of International Child Custody cases and how The Hague Convention can help. 

While legal issues with Child Custody (now known as Allocation of Parental Responsibilities) are common, many do not know what to do when their child/children are taken overseas. It’s important for the residents of the Greater Chicagoland area who share custody of their children know about the ins and outs of Hague Convention should this occur. Rest assured, these issues can be handled with caution and care by the Family Law Attorneys at Masters Law Group. Our seasoned attorneys have extensive knowledge and experience in handling international child custody cases under the Hague Convention.

The biggest issue in determining custody issues is where the children reside, as that is typically where the custody battle will take place. Here’s an extensive look on why it’s important to be familiar with the Hague Convention and what it could mean for your international child custody case.

Why the Hague Convention is Important

Firstly, what is The Hague Convention? The Hague Convention on the Civil Aspects of International Child Abduction is the main international agreement that covers international parental child abduction. It provides a process through which a parent can seek to have their child returned to their home country.

A number of countries around the globe have joined a treaty called the Hague Convention. This multilateral treaty was developed by the Hague Conference on Private International Law (HCCH) and concluded on October 25, 1980, entering into force on December 1, 1983.

According to the Convention, the removal or retention of a child is “wrongful” whenever it breaches custody rights attributed to a person or any other body. If, at the time of removal or retention, those rights were exercised. Even if a parent already has legal custody of a child, the Convention is needed. U.S. court orders may not be recognized in other countries, and sovereign nations cannot interfere with each other’s legal systems, judiciaries, or law enforcement.

Convention Framework

The Convention’s framework allows countries to help one another find solutions for difficult custody cases where a child is abducted. This doesn’t rely on the immigration status or nationality of the child. In certain situations, a child may be wrongfully detained in another country, where they are not a resident. Violations of custodial rights happen when the child is wrongfully removed from their habitual home and now lives in a foreign country. 

The Central Authority must do the following:

  • Be the point of contact for parents and children in international child custody cases.
  • Help locate abducted children.
  • Encourage solutions that work for both parents.
  • Submit documents as part of the application are admissible in courts in partner countries.

Presenting a custody order is not needed to prove that a parents custodial rights were violated when the child was taken from their country; this can be proven by showing proof of parenthood or marriage. When a child is returned to his/her habitual residence, it does not depend on the immigration status/or nationality of a child or his or her parents. 

The Court May Deny Return

Under certain circumstances, the court may deny the return of the child. It’s important to note that these exceptions can vary from country to country. 

Here are some reasons where the court may deny return:

  • There is risk to the child where they are exposed to physical or psychological harm.
  • The child objects if they are old enough and mature enough.
  • More than a year has passed, and the child acclimates to their new home.
  • The custodial parent agrees to let the child remain.
  • The return would violate human rights and fundamental freedoms
  • The custodial parents seeking return are not exercising rights of custody during wrongful removal. 

The Hague Convention establishes numerous procedures for contacting each country and coordination in an international child abduction. According to the treaty, a suit for the return of the child is given priority, and courts typically make decisions within six weeks.

Get the Help You Need

High-stakes international child disputes are not going away. If you are facing such a case, you need to act fast. An attorney must be ready to file a Hague Convention application and institute or defend a Hague Convention lawsuit on extremely short notice. This is why it’s extremely important to locate counsel with knowledge and experience in Hague proceedings. 

Erin Masters and Anthony Joseph have extensive experience in cases involving international child custody disputes in both courts located in the State of Illinois and the United States federal court system. We have extensive knowledge and experience with The Hague Convention on Civil Aspects of International Child Abduction (“The Hague Convention”) that was enacted into law through the International Child Abduction Remedies Act (“ICARA”) which provides that a parent whose child has been wrongfully removed from or retained in the United States may petition for the child’s return to his or her country of habitual residence.

Our Featured Hague Decisions:

Contact us today to schedule a consultation.

Welcome to Our NEW Home!

Masters Law Group opens its doors at a new downtown office space. 

Masters Law Group welcomes you to their new Chicago office located in the heart of downtown Chicago: 30 North Lasalle Street, Suite 2250, Chicago IL 60602.

Senior partners Erin E. Masters and Anthony G. Joseph have taken another step in their commitment to their clients.

“Moving into a brand-new office space is an exciting occasion for all the team at Masters Law Group, and our growth will allow us to help more clients facing family law and divorce issues. The expansion represents our various successes, especially the development of thriving practice areas such as high-stake Hague Convention, International Child Abduction cases and divorce mediation cases,” says Ms. Masters, “We’re also expanding our team of first-class attorneys and support staff, and created an environment to represent our firm.”

Erin Masters and Anthony Joseph have extensive experience in cases involving international child custody disputes in both courts located in the State of Illinois and the United States federal court system. Furthermore, Erin E. Masters has been approved as a Mediator for the Cook County Domestic Relations Division and offers private mediation services. Mr. Joseph is also on the list of approved Guardian Ad Litem/Child Representatives for the Domestic Relations Division of the Circuit Court of Cook County.

“We are quickly moving to meet the shifted expectations for office environments and we’re incredibly proud to welcome clients to the new and improved space.” says Mr. Joseph. He continues, “We’re excited to stay on a course that our clients can trust, while remaining focused on delivering solutions for families navigating a consistently challenging legal environment.”

Masters Law Group handles family law matters in Cook County and surrounding counties. The firm concentrates in areas of domestic relations, which includes divorce, allocation of parental responsibilities, child support and related family matters.

Ms. Masters concludes, “We invite you to schedule a consultation to speak with us about your case and look forward to inviting you to our new office location.”

Contact Masters Law Group here today. 

The Process of Divorce Mediation in Illinois

Even when parting spouses disagree, a divorce doesn’t always have to be a big fight. Divorce mediation is a way of finding solutions to issues such as child custody and spousal support. It acts as an alternative to the formal process of litigation in divorce court.

In Illinois, divorce mediation is mandated by the court for couples disputing child custody and parental allocation plans.  Divorce mediation is also helpful when seeking to settle financial matters. Many family law attorneys in Illinois and across the United States provide divorce mediation services to help clients reach a fair divorce settlement, as quickly and cost-efficiently as possible.

In fact, Illinois family law courts actually require that couples attempt divorce mediation before their case can be scheduled for litigation in court. If you’re considering the mediation route with your ex-spouse, here’s a couple tips on how to find the right Divorce Mediator in Illinois.

Mediation and How it works

Mediation is considered an alternative dispute resolution process where an impartial or neutral mediator helps guide you and your spouse in settlement efforts – hopefully helping you reach a final agreement.  Unlike judges, a mediator has no authority to make decisions for you or your spouse. Their job is to keep you and your spouse’s focus on your needs and interests instead of fault and rights.

When a couple begins divorce mediation, they either choose the mediator in advance or one may be appointed by the court, with the court deciding how to split the costs.  Both spouses provide documentation to support their viewpoint regarding disputed issues, while the mediator works with both sides to find a resolution. The goal of the mediator is to reach an agreement between the two parties, therefore it is critically important to work with your divorce mediator attorney to ensure that the proposed solution is truly fair and equitable to you.

The Upsides of Mediation

There are many benefits to resolving your differences through the divorce mediation process.  Mediation can often save you time and money by leading to resolution and avoiding the costs associated with litigation. Divorce mediation is usually less adversarial than battling issues in court and is, therefore, less stressful. 

Mediation provides a means to reach an agreement on all issues quicker than litigating in court and is, therefore, less costly. Both parties are typically satisfied with the agreements since they both had input to the resolution. For parents, the process lays the foundation for cooperation in making important parenting decisions for their beloved children. If mediation is right for you, our lawyers develop a strategy for negotiating the best settlement possible.

Mediation Drawbacks

There are some disadvantages with mediation that you should also keep in mind. Divorce mediation can be a pointless exercise, if the parties are entrenched in a position and refuse to negotiate; a mediation will only be successful if the parties are committed to a resolution. What’s more, if the case is more about the principal than the recovery of money, mediation will not provide the desired resolution. If there are unresolved issues both parties will have to take on further costs and spend more time trying to finally get everything settled.

In addition to understanding the pros and cons of mediation, it’s helpful to understand when mediation is the best choice for the particular situation you are faced with. Some of the kinds of cases that are suitable for mediation include:

  • Business disputes
  • Partnership disagreements
  • Contract issues
  • Leases
  • Will contests
  • Employment issues
  • Divorce and Allocation of Child Responsibilities

Divorce Mediation with Masters Law Group

Fortunately, there are many ways to deal with family disputes that lead to much happier, healthier results. At Masters Law Group, we provide an array of family law services including Divorce Mediation for our clients. Erin E. Masters has been approved as a Mediator for the Cook County Domestic Relations Division and offers private mediation services.

Whether you’re in need of mediation services or representation involved in mediation, our highly experienced family law attorneys offer skillful legal representation and negotiation throughout the divorce process. Get in touch with us here today to discuss and execute the best plan of action for you and your family.

 

Masters Law Group Named in ‘Best Law Firms 2022’ by The US News and World Report

Masters Law Group is proud to announce the firm has again been named in Best Law Firms 2022. 

Yesterday, U.S. News & World Report and Best Lawyers in America© issued the 2022 edition of their “Best Law Firms” rankings, and we are pleased to announce that Masters Law Group LLC has been recognized.

The annual rankings are determined after a rigorous evaluation that includes analysis of client and lawyer submissions, peer reviews from leading attorneys, and additional information provided by law firm candidates directly. Data is also collected from Best Lawyers ballots, which can only be completed by attorneys who are currently recognized by Best Lawyers.

On November 4, 2021, all the rankings, in all tiers, were published online at bestlawfirms.usnews.com. The National and Metro Tier 1 rankings were also published in print in their Twelfth Edition of “Best Law Firms”. Achieving a tiered ranking signals a unique combination of quality law practice and breadth of legal expertise. Firms that received a tier designation reflect the highest level of respect a firm can earn among other leading lawyers and clients from the same communities and practice areas.

About Masters Law Group

Located in Chicago, Illinois, the firm handles family law matters in Cook County and surrounding counties. Masters Law Group concentrates in area of domestic relations, which includes divorce, allocation of parental responsibilities, child support and related family matters.

About Erin E. Masters

Erin Masters is the principal of Masters Law Group, located in Chicago, Illinois. Masters Law Group concentrates in the area of domestic relations, which includes divorce, allocation of parental responsibilities, child support and Hague Convention/ international child abduction matters.

Ms. Masters received her Juris Doctorate and Certificate in Child and Family Law from Loyola University of Chicago, School of Law, in May of 2004. She was admitted to the Illinois Bar in November 2004 and to the General Bar for the United States District Court for the Northern District of Illinois in 2005 and the United States District Court for the Eastern District of Wisconsin in 2020. Ms. Masters was admitted to the United States Supreme Court in March 2009.

Throughout her career Ms. Masters has represented a variety of clients, both pre-decree and post-decree. Additionally she has prepared Prenuptial Agreements, drafted Marital Settlement Agreements and Final Allocation of Parental Responsibilities Orders, as well as prosecuted and defended Orders of Protection. Ms. Masters has also successfully litigated matters concerning modification and enforcement of child support, allocation of parental responsibilities and parenting time.

In addition to representing clients, Ms. Masters is also a court-appointed Child Representative and has experience advocating for children in these high-conflict matters. Further, she has also been appointed by the Circuit Court of Cook County to mediate complex family law cases. Since 2016, Ms. Masters has been named “Rising Star” by Illinois Super Lawyers and has been named as an “Emerging Lawyer” by Leading Lawyers. In 2020, Ms. Masters was named “Super Lawyer” by Illinois Super Lawyers, and in 2021 and now for in 2022, she has been recognized by Best Lawyers for her work in Family Law Mediation.

About Anthony G. Joseph

Anthony G. Joseph is an attorney at the firm of Masters Law Group, LLC. Mr. Joseph received his B.A. degree in Global Economic Relations from the University of the Pacific in Stockton, CA.

He obtained both his J.D. degree and Certificate in Trial Advocacy from The John Marshall Law School. He was admitted to the Illinois Bar in November 2010, the Federal General Bar and Trial Bar for the United States District Court for the Northern District of Illinois in 2012 and the United States District Court for the Eastern District of Wisconsin in 2020. Mr. Joseph is an active trial lawyer. Mr. Joseph publishes in the area of civil litigation. Mr. Joseph has also served as an adjunct professor at DePaul University. Mr. Joseph is “AV” Preeminent Rating from Martindale-Hubbell Peer Review, which is the highest peer review rating available and has been named a “Rising Star” by Illinois Super Lawyers in both 2019, 2020 and 2021. He has also been recognized by Best Lawyers for his work in Family Law.

Mr. Joseph concentrates his practice in the area of domestic relations, which includes divorce, allocation of parental responsibilities and child support. Mr. Joseph has also successfully litigated matters concerning modification and enforcement of child support, allocation of parental responsibilities and parenting time as well as prosecuted and defended Orders of Protection. Ms. Joseph has also successfully litigated matters concerning modification and enforcement of child support. Mr. Joseph has also litigated cases in both state court and multiple United States Federal Courts involving The Hague Convention and international child abduction issues.

About Best Lawyers

Best Lawyers is the oldest and most respected peer review publication in the legal profession.

Recognition in Best Lawyers is widely regarded by both clients and legal professionals as a significant honor, conferred on a lawyer by his or her peers. For four decades, their publications have earned the respect of the profession, the media, and the public, as the most reliable, unbiased source of legal referrals anywhere.

Their lists of outstanding lawyers are compiled by conducting exhaustive peer review surveys in which tens of thousands of leading lawyers confidentially evaluate their professional peers. 

Best Lawyers use a voting system to choose their candidates. If the votes for a lawyer are positive enough for recognition in Best Lawyers, that lawyer must maintain those votes in subsequent polls to remain in each edition. 

Work with the Best

With a long history of awarded recognitions in Family Law, Masters Law Group LLC has a unique depth of knowledge, experience and talent in the Family Law and Divorce field. Schedule a consultation here to speak with an attorney regarding your family law matter today.

Top 5 Family Law Issues Over the Holidays

The holidays are often spent with family. For some people, this is an exciting time of the year. For others, it is a source of stress. For divorced couples, how do you share custody during the holidays? Can you change a custody agreement in Illinois? What about grandparent visitation rights? Read on to learn more about the most common family law issues during the holidays and some potential solutions.

The holidays can be a difficult time for a lot of people. Some grapple with the loss of a loved one over holidays. Some couples put off their divorces until after the holiday season. Some people struggle to spend a lot of time with their families.

While the holidays can be a wonderful time, they can also come with a lot of tension. If you are struggling during the holiday season, you are not alone. Here are the top 5 family law issues that occur during the holidays.

  1. Couples Putting off Divorce

Going through a divorce can be a stressful experience in someone’s life. Unfortunately, it’s common for couples who wish to get a divorce to hold off until after the holidays. They tend to do so for the sake of the kids and other family members, but it can be hard to keep a brave face with an impending divorce looming as soon as the holiday magic is gone. It is important to know that this is something many couples struggle with.

  1. Rushed Proposals

Proposals are a common occurrence during the holiday season. In fact, Christmas Day is the most popular day to propose. Because of the excitement of the holidays, many people rush into proposals without considering all the legal issues to take into account. For example, do you know if you want your partner to sign a prenuptial agreement?

Legally, an engagement ring is considered a “conditional gift” based on the marriage taking place and the ring goes back to the purchaser if the engagement is broken, regardless of who ends it. But rings given on Christmas, Valentine’s Day or birthdays are typically classified as more traditional gifts, and the majority of courts have allowed the receiver to keep them. 

  1. Making a Holiday Parenting Plan/Schedule

When it comes down to it, the most difficult aspect of child custody during the holidays is figuring out who will be where and when. The next hardest component is making that schedule happen. Be realistic with the holiday itinerary and consider input from the children, if possible. Be proactive and create a Holiday Parenting Plan. Here are some considerations:

  1. Identify the specific holidays that are important to you and your family.
  2. Be specific about the times that define the holiday.
  3. Consider whether or not the holiday may or will involve travel. It is important to build this into your holiday plan even if you do not plan to travel every year.
  4. Consider whether or not the holiday can be incorporated into the regular parenting time plan.
  5. Consider whether or not it is possible to have the holiday included. For example, some holidays are during the school day (Halloween) and if you decide you want to split the holiday, how will that happen once the children are in school? Dividing this time means that one parent is transporting the children during prime trick or treating time. Is this really what you want for your children?

4. Changes to custody agreements

Often, divorced couples with children wish to change their custody agreements as the holidays roll around. When seeking a modification, a motion to modify custody must be filed. The motion must be filed in the county where the original custody order was signed. If the child no longer lives in that county, it may be possible to have the case transferred. This can be difficult to do at the last minute, so you should contact our firm to discuss your options. If you are facing an issue where your child has been taken overseas by the other parent, you could be entitled to file legal action under the Hague Convention for international parental child abduction. 

  1. Questions about visitation

Many families have questions about custody and visitation rights. What rights do grandparents have to see their grandkids over the holidays? Unfortunately for the state of Illinois, it does not provide for any visitation to grandparents or other non-parents by default. Unless it’s proven to harm the child, parents are given the discretion to choose who their child has a relationship with or not. 

In the event a grandparent is trying to petition for visitation rights, they must show that a relationship existed with the children before a divorce. In other words, a court may help restore an existing relationship but will not help build a new one.

Final Thoughts

Holiday parenting time issues are extremely common.  They often create strong emotional responses from each parent because not only is it their parenting time, but also it frequently includes extended family members visiting or who have traveled to see the children. In the event of battling with an ex over visitation schedules, or any other family law issue such as divorce or even post-divorce disputes: Remember, if you’re facing any of these issues you aren’t alone. We’ve seen and heard it all and are here to serve and guide you through this season.

Get in touch with our award-winning Masters Law Group Attorneys today for help figuring out a solution to your problem. 

 

How to Request a Modification of Child Support in Illinois

Divorces and separations can be emotionally overwhelming. Especially when a child is involved. In Illinois, it is always possible to ask the court to change a custody order, but getting a judge to agree to make a change isn’t always a straightforward process.

There are several ways that a child custody arrangement (also known as Parenting Time) can come about in Illinois. The parents of a child can develop their own agreement and then have it approved by a court. Or, the court can order custody based on the state’s laws.

Either way, there could come a time when one or both parents wish to change the arrangement in place. Here’s a look at what constitutes a “substantial change in circumstances” that would allow an agreement to be modified.

Modifications to Child Support Orders

In Illinois, a temporary child support order that has been entered while a child support proceeding is pending may be modified any time before the entry of a final judgment. Child support that has been established by a final judgment may be modified at any time from the entry of the order until the termination of the obligor parent’s obligation to pay child support under the order.  

Although child support may be modified at any time, a “substantial change in circumstances” must be demonstrated in order for the child support obligation to be modified. If you file a petition to modify a child support order based on “substantial change in circumstances” the child support obligation in question can be modified retroactively to the filing date of the petition, but can not have an earlier effective date.

Illinois child support obligations can only be modified by filing a petition for increase or decrease in child support with the court that has jurisdiction over your case.  The petition should state the basis for the request for modification explaining the change in child support obligation that you are requesting from the court.

Because you are seeking modification of an existing order, you do not need to serve the petition by the sheriff.  You can serve notice of the petition by mail at the responding party’s last known address. Note: if the petition seeks other action by the court other than the modification of child support, such as a change in the allocation of parental time and responsibility, the petition must be served by certified mail 30 days prior to the date of the hearing.

If you are seeking child support modification after a final judgment has been entered in your case, the notice must be delivered to the responding party, as opposed to his or her attorney, because the attorney’s representation is deemed to have ended at the entry of the final order.  

You should note that you cannot use self help to modify child support in Illinois.  If the other party fails to comply with visitation rights, you are not entitled to suspend your child support payments without obtaining an order from the court. 

Child Support Payments & Appeals

If you are appealing the final order in your child support case, you are still required to pay child support according to the terms of that order while the appeal is pending. However, you can request the court that entered the order to modify your child support obligations during the appeal process based on a showing of “substantial change in circumstances.

Reasons for Modification of Child Support in Illinois

The court has discretion to modify child support obligations based on either a substantial change of circumstances, upon a showing that the modification is necessary to provide for the healthcare needs of the child, or upon a showing of a substantial deviation between the child support obligation and the guidelines set forth by the Illinois Marriage and Dissolution of Marriage Act (“the IMDMA”). 

Child support modifications can be modified without a showing of a substantial change in circumstances if the petitioner can show that the obligor’s child support obligations differ from the guidelines set forth in the IMDMA by more than 20%, but no less than $10.00 per month, unless the court that entered the existing order intentionally deviated from the amounts shown in the guidelines.  

However, this option is only available to individuals who are receiving child support enforcement services from the Illinois Department of Health and Human Services and whose child support order was entered more than 36 months prior to seeking modification.

Those who may request a review include: 

  • Non-Custodial Parent: the parent who does not live with the child(ren),
  • Custodial Parent/Caretaker: the parent/caretaker who lives with the child(ren),
  • Healthcare and Family Services, or
  • Another state’s child support agency.

Final Thoughts

It’s important to remember that all existing orders will remain in effect until a court or an administrative agency modifies the order. Your support order may be modified (increased or decreased) based on the income of the non-custodial parent and state law. Hiring an attorney highly experienced in family law will help you understand your legal options and create a plan for what comes next. 

Masters Law Group LLC focuses on helping clients assert their rights to further the best interests of their children. We help clients put aside their grief and educate them about their options in Child Support modifications and  Allocation of Parental Responsibilities. If you need to request modification of parenting time in Illinois, contact us here today to schedule a consultation.

 

Do I Lose Custody If I Miss Too Many Visitations?

Having parental responsibilities means making important decisions for a child, and spending time with them. Illinois law recognizes the importance of the relationship between the non-custodial parent and the child. 

After a legal separation or divorce, the courts may order a child custody or parenting time agreement, in which one parent does not have full or joint custody, but visitation rights. Visitation rights in Illinois grant parents the opportunity to visit children in supervised or unsupervised settings on a predetermined schedule.

Shared parenting time is important after a divorce, as studies show that children do best when they remain in contact with both parents. If something, such as your job, prevents you from fulfilling your visitation hours, learn the possible repercussions of missing too many meetings. In other cases, a judge may decide that giving only one parent custody would better serve a child’s best interests.

Overview of Physical and Legal Custody in Illinois

Illinois’ child custody and visitation laws distinguish between physical and legal custody. A parent or parents with “physical custody” lives with the child. A parent with “legal custody” can make major medical, educational, or religious decisions on the child’s behalf. Depending on the child’s best interests, a judge may award one parent sole legal and physical custody, joint custody to both parents, or some other combination.

The parent who has primary physical custody of the child is designated as the “custodial parent”. The other parent – even if he or she shares physical custody of the child – is called the “noncustodial parent”.

When Will a Court Restrict a Parent’s Visitation Rights in Illinois?

Courts start with the assumption that in most cases, a child’s best interests are fostered by having a healthy and close relationship with both parents. As a result, Illinois law provides that a court may restrict a noncustodial parent’s visitation rights only if the court finds, after a hearing, that visitation would seriously endanger the child’s physical, mental, moral, or emotional health.

A custodial parent can’t unilaterally restrict the other parent’s visitation rights unless it’s an emergency situation and necessary to protect the child. Visitation isn’t for the parents, it’s for the children and the court’s primary concern is their welfare. Even in cases of abuse, a judge is likely to permit some visitation and add supervision or other restrictions to ensure the child’s safety.

If the court decides visitation should be restricted, it will tailor the restriction to the particular problem it has identified. A court can take the following actions:

  • Prohibit overnight visits
  • Require that visits occur in the custodial parent’s home
  • Prohibit a parent from contact with a child while the parent is under the influence of mind-altering substances
  • Require that visits occur outside the home of the noncustodial parent.
  • Require those visits be supervised by a third party.

Can I Change the Custody Order if the Custodial Parent Is Preventing Visits?

One parent’s denial of visits won’t result in an automatic change of custody. A judge won’t adjust a custody award unless there’s been a material change in circumstances. However, if one parent is consistently denying any sort of visitation and preventing the child from having a relationship with the other parent – the court can intervene.

One of the factors a judge assesses in determining a child’s best interests is each parent’s willingness to foster a relationship between the child and the other parent. A custodial mother could lose sole custody if she’s consistently preventing visits and communication between the child and the other parent.

Final Thoughts

Child support and visitation rights are separate things and a parent who won’t or can’t pay child support is still entitled to regular visits with the child. Child support, like custody, is for the child’s benefit – not the other parent. Courts presume, unless there’s evidence to the contrary, that children do better when they see both parents regularly.

Custody modification and elimination of visitation rights rest largely with your co-parent. Sticking to your visitation schedule as best you can will prevent any motions for modifications, and retain your rights to visit your child. 

If you find yourself facing the chance of losing custody rights for missing too many visitations, or your ex spouse has missed too many visitations, contact Masters Law Group today for legal counsel.