What is Paternity Fraud and Should I be Concerned?

Paternity fraud occurs when a man is incorrectly identified as the biological father of a child by the mother. In this blog, we discuss the cause of action for paternity fraud in Illinois. Read more

Getting a Same-Sex Divorce in Illinois.

Divorce is the last thing you think about when you and your spouse are exchanging vows. However, for different reasons, divorce happens. When it comes to divorce and child custody cases involving same-sex couples, there are many factors that can complicate the court’s ruling.

Along with the right to marry in Illinois (and every state in America), marriage equality laws also gave couples the right to divorce, regardless of where they live. But, in some cases, the divorce process can become complex.

Because same-sex marriage hasn’t been legal for too long, courts have broad discretion when making decisions about relationships that were in place long before the Supreme Court’s landmark decision. One of the biggest issues same-sex couples run into when they get divorced is determining how to award spousal and child support if the couple was living together as domestic partners much longer than their legal marriage. Same-sex couples often see one spouse adopt children and then they live as a family, without the benefit of a joint- or cross- or co-adoption.  That could spell disaster for the non-adopting parent.

Parental Responsibilities

Parental responsibilities are different for someone married to a child’s birth mother. The law spells out how the birth mother’s spouse can be the legal parent of the child. For two married men, adoption is often the route to parentage, for married women, the female who did not give birth also usually adopts the child/children.

Since 2016, instead of dividing up “custody” and “visitation,” divorcing parents make an “allocation of parental responsibilities.” Under the revised Marriage and Dissolution of Marriage Act, only non-parents get visitation.

You must be a parent to have any parental responsibilities. Who’s a parent is determined by the Illinois Parentage Act. The Parentage Act spells out 4 ways the spouse of the birth mother can be legally presumed to be the child’s parent. The law below applies to both marriages and civil unions. It also applies to a male or female spouse of the birth mother. The four paths to parenthood are:

  1. The child is born while the spouses are married to each other.
  2. The child is born after the marriage is over. It must be within 300 days after that termination.
  3. The first 2 situations, but where the couple tried to enter into a marriage or civil union “in apparent compliance with the law.” However, that marriage or union is later terminated or declared invalid for some reason.
  4. A person marries the birth mother after the child is born. Plus, that person consents to being added to the child’s birth certificate.

Parenthood for two married men results from one being the child’s biological father, and the other adopting the child,. Or, it results from both spouses adopting a child together.

Same-Sex Divorce Procedure

Generally – asides from the issue of Child Custody (Parenting Time) – the divorce process for same-sex couples is not different compared to a divorce involving a heterosexual couple.

  1. File the Petition for ‘Dissolution of Marriage’. To properly file in Illinois, one or both parties must establish residency within the state for at least 90 days before commencement of the case. The petition must state whether the divorce action is sought on fault or no-fault grounds. (Contested or Uncontested).
  2. Serve the complaint on the other spouse.
  3. The other spouse files an answer to the petition or risks a default judgment from the court.
  4. The investigation and negotiation stage occurs, where the couple’s attorneys gather relevant evidence and prepare for a court appearance. The couple may also work toward a mutually-agreeable settlement through divorce mediation.
  5. A trial commences if no settlement is reached. At this stage, the divorce is granted, and the court determines issues like custody, child support, spousal maintenance and the division of the couple’s property.

Hiring the Right Experienced Same-Sex Divorce Attorney

If you are going through a same-sex divorce, you probably have many questions about the process.

By hiring a knowledgeable and experienced divorce attorney – who understands the unique challenges same-sex couples face – will ensure that your interests are protected during the dissolution of your marriage. How? Since it is possible to encounter judges or other court personnel who may have had limited interactions with same-sex divorces or same-sex individuals in general, it is important to have an attorney who is not only sensitive to the dynamic, but one who is well known by the Court and knowledgeable of the various laws.

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 same-sex 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.

Divorce cases involving substantial assets or complex estates require specialized knowledge.  Masters Law Group is skilled at identifying and valuing assets and wealth, including real estate, securities, business interests, retirement funds, pension plans, tax shelters (domestic and foreign), overseas accounts, stock options, trusts and other actual or potential sources of wealth.

Don’t go it alone. Contact us here today to schedule a consultation.

 

What Circumstances Justify Modifying Divorce Orders?

It’s not unusual for ex-spouses to want to change a prior decree respecting issues of custody and support. When a divorce settlement is no longer relevant for a couple or does not fit the needs of their children, it is possible to alter the terms of it through a post-decree modification.

Generally speaking, a divorce can take weeks, or even months to finalize. Once the legal proceedings are complete, a final divorce decree will be issued, which officially documents the terms of the divorce. But, life goes on and things change eventually no matter what the Divorce Agreement or Allocation of Parental Responsibilities and Parenting Time say.

A party seeking to modify their decree must show a substantial and continuing change of circumstances.

Modifying an Order

Broadly speaking, there are two ways that former spouses can seek to modify the terms of their divorce in Illinois. These are:

  • By agreement, and
  • By court order.

The first option for modifying the terms of your divorce is by agreeing to a modification with your former spouse. In other words, you and your spouse already agree to the modifications proposed, in which case you can file a joint petition – which could present the opportunity to not have to go to court.

The second option is if you and your ex-spouse don’t agree on the modification. If this is the case, you’ll need to file a complaint for modification and have your ex served. The process then goes through the court system until you reach an agreement or have a trial.

Change of Circumstances and Modification

General dissatisfaction with the outcome of the divorce is not a sufficient cause to modify the terms of the divorce decree. Therefore, if later down the line you feel you got a bad deal or the judge ruled unfairly, you might not have cause to petition a change.  However, if you can demonstrate a substantial change of circumstances, a judge may consider your motion to modify.

There are numerous reasons parties may seek modification of a divorce decree. Some of the most common reasons for requesting the court modify the terms of a divorce include:

  • Change in financial situation for the support-paying party, including job loss, reduced pay, or disability;
  • Change in child custody or parenting time due to relocation of child or parent, alleged abuse or unfitness of custodial parent, or refusal of one parent to comply with terms of parenting plan; or
  • Change in the financial status of the non-paying party, such as a significant salary increase, remarriage, or large inheritance.

[Property division orders, however, are almost never modifiable in Illinois.]

A judge is looking for evidence showing that the change is not temporary, minimal, or self-inflicted. For example, if you quit your job because you simply did not like your boss, a judge is not likely to grant a modification of child support. Deciding what constitutes a “substantial” change of circumstances can be difficult. Seeking the advice of an experienced divorce lawyer before filing a motion to modify a divorce decree can save you time and money.

Divorce Modification with Masters Law Group

Regardless of why you are seeking a post-judgment modification, and regardless of whether your former spouse are in agreement, you need to comply with your existing divorce judgment unless and until your requested modification receives court approval. Deviating from the terms of your existing judgment can get you into trouble with the court, and it can potentially make it more difficult to obtain a post-judgment modification as well.

If you’re trying to modify an Illinois family law order or your ex-spouse is attempting to allege a substantial change in circumstances, contact the divorce attorneys at Masters Law Group. We have extensive experience in handling the complete range of post-decree modification cases, including parenting time, allocation of parental responsibilities and child support modifications.

Contact us here today to set up a complimentary consultation.

Can Your Ex-Spouse Just Move Away with The Kids?

Is your ex-spouse trying to move away with your children? One of the most difficult parts of a divorce is seeing your children less, and if your spouse moves away, it could make that even more difficult. Luckily, with the help of a Chicago family and divorce law firm, we can help prevent this from happening. 

Here are some factors that could affect the outcome if your ex-spouse wants to move your children away.

The custody arrangement

Now called Parenting Time, the child custody arrangement will affect whether or not your ex can move with your children. If you have partial custody, it’s unlikely that they can legally move far away. If you don’t have partial custody, and only have regular visits, there’s still a good chance the courts will not allow them to.

What is the distance of the move?

In several states, there is a specified range in which an ex-spouse can move with your children without at least giving notice. Typically, it must be within 50-100 miles.

Did they give formal notice?

Oftentimes, your ex-spouse must give a formal notice prior to moving. It should be in the form of a legal document and should include the destination, why they’re moving and a visitation plan. It should also be given at least 60 days before the move date.

Relocation trial

You have 30 days to object to the move when your ex-spouse proposes it, which will then result in a relocation trial. In most states, the courts treat staying in the same location as the norm, so your ex’s lawyers will have to be the ones arguing for the move. They will have to prove that the relocation is in your childrens’ best interests. There aren’t specific rules for these situations, so judges generally make different decisions case by case. The primary factors looked at by the courts include:

  • Custody arrangements
  • The distance of the move
  • The motivation of both parties
  • What is in the childrens’ best interest

Getting Professional Advice from Masters Law Group

At Masters Law Group, we specialize in all family law related matters and focus on helping clients assert their rights to further the best interest of their children.

We offer a wide range of services tailored to our clients’ unique legal needs and have a depth of knowledge, experience and talent in the Family Law and Divorce field.

If your ex-spouse is proposing to move away with your kids, we can help. Contact us to schedule your consultation here today. 

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PARENTING TIME SERVICES WITH MASTERS LAW-GROUP

Whether to hire a lawyer or navigate child custody solo is one of the first considerations for parents who are petitioning the court for child custody.

Parenting Time of your child is a very emotional law topic. Parenting Time rights may be determined by the agreement of the parties or by a court order.

Masters Law Group represents individuals in both their initial quest to set a parenting time schedule, as well as parents looking to modify a previously determined schedule. Learn more and set up a consultation with us here today.

Grandparent’s Custody Rights in Illinois

The issue of grandparent’s visitation rights has been something of a moving target over the last few decades, and laws differ between states. Here’s what you need to know if you are a grandparent needing help to get visitation with your grandchild.

Do grandparents have visitation rights in Illinois? While the state of Illinois has recognized that extended family members often play a large role in a child’s life, their rights to see their grandchild/grandchildren is far more complicated. The courts almost always favor leaving children in the care of their biological parents. However, in cases where a parent is incapable or doesn’t want to take care of their children, a grandparent can petition for custody.

Overview of Grandparent Visitation Laws

Visitation is when a person who is not the parent of a child spends time with that child. Visitation used to include time spent by a parent with a child, but that is now legally called parenting time. In Illinois, there are no federal laws governing visitation rights for grandparents. However, depending on family dynamics, Illinois grandparents do have a limited legal right to visit their grandchildren, especially if the parents are divorced.

In general, it is up to the parents of a child to decide who can spend time with that child. But sometimes a non-parent can get a court order to force the parents to let them spend time with a child if the child is at least one year old.

Only the following people can get a court order for visitation with a child:

  • Grandparent
  • Great-grandparent
  • Brother or Sister
  • Step-parent

Granting Visitation

To obtain parenting time rights in Illinois, grandparents must meet the following requirements:

  • Show that they have been unreasonably denied parenting time by a parent of the grandchild
  • Show that one of the following statements is true:
    • A parent is incompetent.
    • A parent has been dead or missing for at least three months.
    • A parent has been incarcerated for at least three months.
    • The child’s parents are divorced or legally separated, or there is a pending dissolution or custody proceeding, and at least one parent has no objection.
    • The child is born out of wedlock and the parents are not living together.

The court will then review:

  • The grandchild’s preference
  • The grandparents’ intentions in seeking parenting time
  • Whether the denial of parenting time has been in good faith
  • The closeness of the relationship between the child and the grandparents
  • Whether the time requested might have a damaging effect on the child’s regular activities
  • Whether the child lived with the grandparent or the grandparent was the primary caretaker of the child for at least six consecutive months
  • The frequency of contact for at least one year
  • The mental and physical health of the child
  • The physical and mental well-being of the grandparents

Gaining Custody for Grandparents

It is possible for a grandparent to obtain custody of a grandchild. The first way is through petitioning the court for custody of the grandchildren. Both parents of the child must voluntarily relinquish their parental rights to the child unless there is another issue like abuse. Parents may give up the rights to their children for many deeply personal reasons such as addiction or mental health issues. Other times, very young parents relinquish their parental rights so that a grandparent or grandparents can adopt the child.

The second way grandparents can be awarded custody of their grandchildren if the biological parents have been found to be abusive or neglectful to the child. The Department of Children and Family Services oversees children who are taken from abusive homes. There is also an option for grandparents to become the legal guardian of a child called “Private Subsidized Guardianship.” This permanent measure is usually reserved for situations in which there is no hope of reuniting the child with his or her biological parents.

Adoption and Grandparents’ Rights

In most situations, adoption severs ties between a child and biological family members, including grandparents. Any visitation orders entered before a child’s adoption will automatically terminate when an adoption is finalized.

Even in the case of a stepparent adoption, grandparent visitation isn’t a given; Grandparents can bring a visitation petition in the case of a stepparent adoption, but the grandparent must still demonstrate that the lack of visitation would harm the child. In many cases, it’s difficult for a grandparent to meet that burden.

Getting Help

Grandparents have a unique place in a child’s life, and being refused visitation can bring anguish on both the grandparents and more importantly, the child. If you have been denied the right to see your grandchild, you should speak with the experienced attorneys at Masters Law Group. Based in downtown Chicago, we represent grandparents who are facing the stressful and highly emotional facing matters of child visitation and related issues.

Contact us here today and we will protect your rights as a grandparent and provide you with the representation you need to achieve the best results.

 

5 Prenup Myths You Need to Know

A prenuptial agreement (commonly referred to as a premarital agreement) is a contract people enter into prior to marriage that establishes the essential property and financial rights of each spouse in the unfortunate event of a divorce. While the agreement can protect you down the line if you and your new spouse part ways, there are many misconceptions that should be addressed before rejecting the notion all together.

Wedding venue is booked, dress is fitted, rings are bought and the flowers are ordered. At this stage most couples assume “I Do” is all that’s left. However, many Americans are now adding another step to their wedding plans; a prenuptial agreement. A prenuptial agreement is defined as, “an agreement between prospective spouses that is made in contemplation of marriage and that is effective on marriage” and failing to make a prenuptial agreement will result in the courts having power over your estate. So why the hesitation for so many others tying the knot?

Read on for five common myths and misconceptions about prenups and learn how an attorney can help you craft a prenuptial agreement that will provide peace of mind on your big day.

Myth #1: Prenups are only necessary if one spouse is wealthy.

Prenuptial agreements are extremely beneficial to those with ample assets, but they are also highly valuable for the “average-income” individuals, too. For example, if you married without a prenup in place, the courts may not be aware of personal debt, pets, the sentimental value of inheritance items or the fact you had cash set aside for your children. With a prenup, you can customize and define what will remains yours in the instance of a separation in the future.

Myth #2: My Spouse wants a prenup because he/she doesn’t trust me.

Arguably, the biggest reason for not getting a prenup is the misconception it comes down to trust. Or a lack of it. While this can be the case in some relationships, in far more cases these agreements have nothing to do with trust. Instead one, or both, parties want to be prepared for whatever comes their way. While almost all marriages start off with the best of intentions, around 50% of them end in divorce, regardless of the level of trust present on the day of the wedding. A prenuptial agreement will help ensure trust since both parties will need to reveal their assets, debts, and beliefs about how things should work financially in a marriage. In addition, should the marriage fail, this type of agreement really helps to streamline the divorce process for both parties.

Myth #3: Couples who truly love one another don’t need a prenup.

Worried that a prenuptial agreement will pit you and your future spouse against each other or be an omen for divorce? The opposite is actually true. In fact, 86% of mental health experts polled by relationship site YourTango said that prenups have “no predictable impact” on marriage. Completing a prenuptial agreement requires the ability to discuss financial matters and reach compromises; both skills that are a sign of a strong future marriage. So yes, creating a prenup can strengthen your relationship and prepare you for future financial discussions later down the road.

Myth #4: Prenups aren’t enforceable.

This is a myth that has been getting more and more popular in recent years. Although there are times when prenuptial agreements are not enforced in court, the majority of them are. Illinois, like many states, has adopted the Uniform Premarital Agreement Act (UPAA). The UPAA is a set of guidelines that govern how courts decide whether a prenuptial agreement is enforceable. All prenuptial agreements must be in writing. Both spouses must also sign the agreement for it to be enforceable. In rare cases where prenups are not enforced, it is usually because one spouse was coerced or under duress when signing, or when proper legal procedures are requirements were not met when the agreement was created. If you have a well-written prenuptial agreement that is done properly by an experienced attorney, you have an excellent chance at the courts enforcing it every time.

Myth #5: You shouldn’t hire an attorney to get a prenup.

It’s not a good idea to enter into a prenuptial agreement solo. Every state has separate rules for prenuptial agreements. If you aren’t familiar with your state law, or if you’re not comfortable interpreting the rules, you should hire an attorney. A prenup attorney responsible for drafting a prenuptial agreement will outline a clearly defined assets protection strategy that can reduce the potential for financial disputes during the divorce process.

To Conclude

Couples considering marriage today are three times more likely to enter into a prenuptial agreement than spouses were ten years ago. No longer just a protection for the wealthy, prenuptial agreements are used by couples from all income brackets to decide how to divide their property if they divorce.

A well-crafted premarital agreement can address spouses’ concerns about financial issues or obligations during their marriage, and it can protect certain assets in the case of divorce. At Masters Law Group, we understand that establishing a prenuptial agreement enhances the strength of your relationship and provides the foundation for a strong marriage. If you live in Illinois and need to have your prenup written up, please contact us to go over all your options today.

Hague Convention: 6 Defenses to a Petition for the Return of a Child.

The Hague Convention is a treaty that many countries, including the United States, have joined. Its purpose is to protect children from the harmful effects of international abduction by a parent. Under the Convention, a court may deny return of an abducted child if one of the following six defenses apply.

When a parent is subject to an application either in the State Court or the Federal Court for return of a child who is alleged to be illegally taken from a foreign country and brought to the United States, or wrongfully retained in the United States beyond the agreed upon time frame of temporary absence, there are certain defenses that can be raised by the non-petitioning parent in order to prevent the return.

History of Hague

The Hague Convention on Civil Aspects of International Child Abduction (“The Hague Convention”) 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.

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.

These participating countries are also included in a large treaty that governs the way different legal systems work together. There were two specific goals in mind at the time of The Hague Services Convention’s formation:

  • Create a means to ensure that judicial and extrajudicial documents to be served abroad can be brought to the notice of the addressee in sufficient time.
  • Improve the organization of mutual judicial assistance.

According to the Convention, the removal or retention of a child is “wrongful” whenever it breaches the rights of custody attributed to a person or any other body and if at the time of remove or retention those rights were actually exercised. Even if a parent already has legal custody of a child, the Convention is needed because 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.

Under the Hague Abduction Convention and ICARA, when a child has been wrongfully removed from the child’s home nation-state or “habitual residence,” the court must order the child to be returned to the habitual residence, unless the party removing the child can establish at least one of six narrow affirmative defenses.

Six Defenses

There are a few defenses to a claim of wrongful removal or retention under the Hague Convention, which include:

Defense 1: That the petitioner (parent seeking the return of the child) was not “actually exercising custody rights at the time of the removal or retention” under Article 13.

Defense 2: That the petitioner “had consented to or acquiesced in the removal or retention” under Article 13.

Defense 3: That more than one year passed from the time of the wrongful removal or retention until the date the petitioner commenced a judicial or administrative proceeding for the return of the child, under Article 12.

Defense 4: That the child is old enough and has a sufficient degree of maturity to knowingly object to being returned to the petitioner and that it is appropriate to heed that objection, under Article 13.

Defense 5: That “there is grave risk that the child’s return would expose the child to physical or psychological harm or otherwise place the child in an intolerable situation,” under Article 13(b), and

Defense 6: That return of the child would subject the child to violation of basic human rights and fundamental freedoms, under Article 20.

If your child has been wrongfully removed to a country overseas, you should immediately contact your local family law attorney that is experienced in international custody disputes for help.

Relocating Your Child

Whether due to job requirements (like working in the military) or simply moving back to be with family, many separated or divorced US parents relocate abroad every year. You must realize it will often be a criminal offense for you to take the child away without the other parent’s permission. Illinois Courts require that a parent looking to permanently relocate a child from the State of Illinois have a written agreement and/or Court Order allowing the move.  There are a variety of factors the Court will consider in adjudicating whether the move is within your child’s best interest.

As previously mentioned, under the Hague Convention you will “wrongfully remove” a child if you take the child away from his or her habitual residence. Therefore, the other parent will normally be able to block your removal of the child from that country and if you take the child to the United States a U.S. court will normally compel you to return the child forthwith.

It is imperative you make any International Custody Agreements & Parenting Time schedules before you relocate your child/children.

In deciding whether to authorize a child’s relocation to a foreign country, U.S. courts will try to determine the best interests of the child, considering the same factors they normally consider in domestic move-away cases (these factors depend on the laws of state that has jurisdiction to hear the case). In addition, with international move-away cases, most state courts will also consider several additional factors, including (as per DivorceNet):

  • The cultural conditions and practices in the foreign country
  • Any potential visitation difficulties for the parent that gets left behind
  • Jurisdictional issues that may make the enforceability of the domestic custody and visitation orders problematic (meaning the extent to which the foreign country would enforce the left-behind parent’s visitation or rights to access the child), and
  • Whether or not the proposed foreign country is a signatory to the Hague convention (however, the fact that the proposed country is not a signatory does not automatically mean the request to relocate will be denied).

If you want to move your child out of the United States or your child’s other parent does, you should definitely contact an experienced custody attorney for advice on how to protect your parental rights.

Getting the Help You Need

Left behind parents face enormous obstacles in seeking judicial intervention in the United States to compel return of their children. Proving claims in international child abduction cases under the Hague Abduction Convention requires analysis and careful development of all evidence and testimony that may support or defeat defenses to claims of wrongful abduction or retention.

The attorneys at Masters Law Group 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.

Contact us here today to schedule a consultation.

Helpful Actions for Children While Going Through a Divorce

Each year, thousands of US children face the extreme stress associated with divorce. Parents should provide their children with understanding and support with patience, reassurance, and a listening ear as your children learn to cope with unfamiliar circumstances.

Going through the process of divorce is a challenging life transition for both parents and children. Many times the initial reaction is one of shock, sadness, frustration, anger, or worry. But kids also can come out of it better able to cope with stress, and many become more flexible, tolerant young adults. While you can’t make your child’s hurt go away, you can help them cope with the various disappointments divorce brings. Here are some suggestions to keep in mind.

Breaking the News

When it comes to telling your kids about your divorce, many parents freeze up. Of course how you tell your children is a very personal choice, but try to make the conversation a little easier on both yourself and your children by preparing what you’re going to say before you sit down to talk.

Because children often assume that they are somehow to blame, begin by letting them know what happened is definitely not their fault and they are loved by both parents – and that will never change. If possible, try to break the news together with your ex partner. By demonstrating solidarity and maturity, you will help paint a picture of a drama-free future as their minds race to “what now?”.

The discussion should fit the child’s age, maturity, and temperament; with younger children try to keep things simple, older teens will be more in tune with what you, as parents, have been going through, so more details will be beneficial.

Avoid the Blame Game

It’s vital to be honest with your kids, but without being critical of your spouse. Confining negativity and blame to private therapy sessions or conversations with friends outside the home will help children feel less “torn” between parents, therefore creating less stress on them.

If you and your ex can’t agree on matters like parenting time or allocation of parental responsibilities, save this information for your family law attorney as you navigate these new waters. Your message to the kids should be united, reassuring, and free of bickering and blame.

Expect the Unexpected

While many children will be confused, hurt, saddened and shocked, many also don’t react right away when faced with the news their parents are splitting. Sometimes it’s simply because they are overwhelmed and don’t know how to process the information, while others don’t want to upset their parents by acting as if everything is fine, or try to avoid any difficult feelings by denying that they feel any anger or sadness at the news. Let them know that that is OK, too and that they can talk when they are ready.

Whether your kids express fear, worry, or relief about your separation and divorce, they’ll want to know how their own day-to-day lives might change.

Be prepared to answer these possible questions:

  • Who will I live with?
  • Will I go to the same school?
  • Where will each parent live?
  • Where will we spend holidays?
  • Will I still get to see my friends?
  • Can I still do my favorite activities?

Being honest is not always easy when you don’t have all the answers or when children are feeling scared. But telling them what they need to know at that moment is always the right thing to do.

Helping Children Cope

Like any big life change, many children experience grief when parents are divorcing. Mourning for the family unit they once had is normal, but over time, you and your children need to work through the grieving process and accept and adapt to the new situation.

Here are some ways to help kids cope with the upset of a divorce, according to KidsHealth.org:

  • Encourage honesty. Kids need to know that their feelings are important to their parents and that they’ll be taken seriously.
  • Help them put their feelings into words. Kids’ behavior can often clue you in to their feelings of sadness or anger. You might say: “It seems as if you’re feeling sad right now. Do you know what’s making you feel so sad?” Be a good listener, even if it’s difficult for you to hear what they have to say.
  • Legitimize their feelings. Saying “I know you feel sad now” or “I know it feels lonely without dad here” lets kids know that their feelings are valid. It’s important to encourage kids to get it all out before you start offering ways to make it better. Let kids know it’s also OK to feel happy or relieved or excited about the future.
  • Offer support. Ask, “What do you think will help you feel better?” They might not be able to name something, but you can suggest a few ideas — maybe just to sit together, take a walk, or hold a favorite stuffed animal. Younger kids might especially appreciate an offer to call daddy on the phone or to make a picture to give to mommy when she comes at the end of the day.
  • Keep yourself healthy. For adults, separation and divorce is highly stressful. That pressure may be amplified by custody, property, and financial issues, which can bring out the worst in people. Finding ways to manage your own stress is essential for you and your entire family. Keeping yourself as physically and emotionally healthy as possible can help combat the effects of stress, and by making sure you’re taking care of your own needs, you can ensure that you’ll be in the best possible shape to take care of your kids.
  • Keep the details in check. Take care to ensure privacy when discussing the details of the divorce with friends, family, or your lawyer. Try to keep your interactions with your ex as civil as possible, especially when you’re interacting in front of the kids. Take the high road — don’t resort to blaming or name-calling within earshot of your kids, no matter what the circumstances of the separation. This is especially important in an “at fault” divorce where there have been especially hurtful events, like infidelity. Take care to keep letters, e-mails, and text messages in a secure location as kids will be naturally curious if there is a high-conflict situation going on at home.
  • Get help. This is not the time to go it alone. Find a support group, talk to others who have gone through this, use online resources, or ask your doctor or religious leaders to refer you to other resources. Getting help yourself sets a good example for your kids on how to make a healthy adjustment to this major change.

The process of explaining the issue and giving suggestions to your children will help them see divorce in a better perspective.

Adjusting to a New Life

While it’s good for kids to learn to be flexible, adjusting to many new circumstances at once can be very difficult. Help your kids adjust to change by providing as much stability and structure as possible in their daily lives.

It’s crucial that you and your ex create a schedule that lessens the likelihood that your child will experience divided loyalties because they may feel like they have to choose sides. When both parents work together to determine schools, activities, social calendars and all the other aspects of the child’s life, it fosters a cohesive daily experience for the child, no matter whose house they are at on a given day.

At the end of the day, children are the most important assets a married couple can own. When children are confident of the love of both of their parents, they have an easier time adjusting to co-parenting after divorce.

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Masters Law Group – Experienced Divorce and Family Law Attorneys

Divorce certainly has the potential to change the lives of parents and children, and while it is a difficult process, help and support is available.

Masters Law Group understands that divorce is a stressful situation for everyone involved. 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.

Divorce cases involving children require specialized knowledge.  The attorneys at Masters Law Group are highly experienced in the following legal areas associated with separating parents:

Don’t go it alone. Schedule a Consultation with us here today to speak about your family law case.

What Can Be Done About International Parental Abduction

Every day, children are wrongfully removed from the United States or retained outside of the United States in violation of parental rights. Whether trying identifying risk factors or your child/children have been removed from their habitual residence, knowing your legal options through The Hague Convention could prove detrimental in protecting victims involved. 

The Hague Convention on the Civil Aspects of International Child Abduction provides an expeditious method to return a child internationally abducted by a parent from one member country to another. The powerful international treaty that can yield beneficial results when it is implemented correctly and appropriately.

THE HISTORY OF THE HAGUE CONVENTION

The Hague Convention on Civil Aspects of International Child Abduction (“The Hague Convention”) 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.

“International parental [abduction] can have serious emotional, psychological, and even physical consequences for the abducted child.”

– A Law Enforcement Guide on International Parental Kidnapping, U.S. Department of Justice (July 2018), page 3.

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.

These participating countries are also included in a large treaty that governs the way different legal systems work together. There were two specific goals in mind at the time of The Hague Services Convention’s formation:

  • Create a means to ensure that judicial and extrajudicial documents to be served abroad can be brought to the notice of the addressee in sufficient time.
  • Improve the organization of mutual judicial assistance.

According to the Convention, the removal or retention of a child is “wrongful” whenever it breaches the rights of custody attributed to a person or any other body and if at the time of remove or retention those rights were actually exercised. Even if a parent already has legal custody of a child, the Convention is needed because 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.

PREVENTION TIPS

There are several tips to try and prevent international child abduction from taking place. As per Travel.State.Gov:

  • Take action if you think the other parent has taken your child.
  • Get a court order or custody decree: A clear court order may be the most important preventative measure. For example, court orders may include provisions addressing passports, travel restrictions, or custody.
  • Consult an attorney: We strongly encourage parents to consult with an attorney regarding their particular circumstances, including the possibility of obtaining an order that prohibits the child from traveling outside of the United States.
  • Be aware of warning signs: Be on the alert for sudden changes in the other parent’s life, such as quitting a job or selling a home, that may be made in preparation to relocate. For more information, click on the Travel.State.Gov Resources for Parents page.
  • Notify local law enforcement and give them copies of any court orders, including custody, protection, and restraining orders.
  • Consider contacting a country’s foreign embassy or consulate if your child is or may be a dual national of that country. If one parent is a citizen of another country, for example, your child may have claims to a foreign nationality and therefore be able to obtain a passport from that country. See the Travel.State.Gov FAQs for more information on dual nationality.
  • Be aware the United States does not have exit controls or require two-parent consent for a minor to travel across international borders. Law enforcement may be unable to prevent an abduction without a valid court order clearly prohibiting the child’s travel outside of the United States.

RETURNING OF THE CHILD/CHILDREN

International parental abductions of U.S. children have been reported in countries all over the world, including Australia, Brazil, Canada, Colombia, Germany, India, Japan, Mexico, Philippines, and the United Kingdom. A parent who is left behind when a child is abducted to another country faces daunting obstacles to finding and recovering the child.

The return of internationally abducted children is often settled through negotiation or with the left-behind parent filing a civil petition pursuant through the Hague Convention. Deciding whether to file a Hague application is an important decision and must be considered based on each case’s specific circumstances. Perhaps after separating from their partner, a parent wants to take their child and move to another country. Maybe a parent moved internationally in violation of a custody agreement.

Filing a case under the Convention does not guarantee that your child will be returned. To obtain the return of your child, through a Hague proceeding, you must first be able to demonstrate:

  • That your child was habitually resident in one Convention country, and was wrongfully removed to or retained in another Convention country;
  • The removal or retention of your child is considered wrongful if it was in violation of your custodial rights, and you were exercising those rights at the time of the removal or retention, or you would have been exercising them but for the removal or retention.
  • The Convention must have been in force between the two countries when the wrongful removal or retention occurred (the dates are different for every country); (Note: In many  instances, when a country accedes to the Convention, it is not automatically partners with all of the other countries who have ratified or acceded to the Convention.  Countries must accept another county’s accession to the Convention under the terms described in the Convention before a treaty partnership is created.
  • The child is under the age of 16.

OUTCOMES

If a court decides that a child must be returned to its country of habitual residence, it may make the return contingent upon certain “undertakings” from the petitioning parent. These may include: 

  • A requirement that the petitioner pay for the respondent and child to travel to the country where the child habitually resides.
  • A requirement that the petitioner make appropriate housing arrangements for the respondent and child in the country where the child habitually resides.
  • A requirement that the petitioner pay living expenses for the respondent and child in the country of the child’s habitual residence.
  • An order that the petitioner have no contact with the respondent if the respondent returns to the country of the child’s habitual residence.
  • An order that the petitioner will have no contact or limited (e.g., supervised) contact with the child once the child returns to the country of the habitual residence.

As you can see, international custody disputes are almost always extremely complex and delicate situations, and you should not attempt to navigate them without the assistance of a knowledgeable and experienced attorney.

CHOOSING YOUR ATTORNEY

To make sure you have the best possible chance in your Hague Convention case, you need an attorney who understands both the dire circumstances and the delicate interplay of state, federal, and international laws.

Erin Masters and Anthony Joseph of Masters Law Group have extensive experience in cases involving international child abduction disputes in both courts located in the State of Illinois and the United States federal court system.

Read the details of our most recent successful Hague Convention case here. Furthermore, see what our clients have to say on representing their Hague Convention on Civil Aspects of International Child Abduction case:

Anthony Joseph and Erin litigated my Hague Convention federal court case and, after a terrifying and tiring few months, we won our case!! If I didn’t have the direction and focus of these two we wouldn’t have won. Anthony is a shark, no one will work harder and smarter and know every detail in the court like this man. AND ERIN!!!!! She is dotting all the i’s and crossing the T’s. Not one thing will get by her. She thinks outside the box and will find a solution to every problem. They way they work together, the other side doesn’t have a chance in court. Because of these two my children are safe with me in the USA and we won an extremely difficult to win case. 9/10 times the children have to go back to the country they were taken from, in this case it was Mexico. I had the odds stacked against me hugely. It’s very difficult to get any judge to side with the person who left with the children. Because of their expertise in Hague, they found the important details to keep my kids and myself away from our abuser who tried to get us back into the scary situation we were living in. THANK YOU TO YOU BOTH. Every day I’m grateful for them changing my life. When something this is important is at stake it is imperative you choose great counsel. And Masters Law Group is it.

– Sharon H, Hague Convention Client Testimonial

Instead of trying to figure out international law issues alone, contact the Family Law Attorneys at Masters Law Group. Our experienced team will help you navigate the legal complexities of your case and are committed to vigorously representing you in these frightening, high-stakes proceedings.

Contact us to schedule your consultation here today. 

Illinois Child Custody Basics: Allocation of Parental Responsibilities

Legally speaking, the term “child custody” is now called “parental responsibilities“. This includes parenting time and decision-making power. If you live in Illinois and are engaged in a custody battle for your child, you should know the basic rules and be able identify specific factors that courts consider in making custody decisions.

In a divorce proceeding, determining who will have residential custody of a child can be the most emotionally difficult part of the entire process. If you are a parent who is considering ending your marriage, you probably have concerns about how you and your ex-spouse will share responsibility of your child/children. Some couples are able to come to a custody agreement between themselves, however for many, couples require legal and court intervention.

FACTS ABOUT ALLOCATION OF PARENTAL RESPONSIBILITIES AND GUARDIANSHIP

There are three basic types of child allocation of parental responsibilities in Illinois — joint allocation of parental responsibilities, sole allocation of parental responsibilities and shared allocation of parental responsibilities:

Joint allocation of parental responsibilities requires parents to cooperate in decision-making regarding education, health care and religious instruction. It does not mean that the children live with each parent for an equal amount of time. The parties will agree or the court will assign a residential parent. The non-residential parent will pay child support and exercise parenting time. The amount of time the children spends with the non-residential parent is addressed in a parenting time agreement or order.

Sole allocation of parental responsibilities is the term that describes the arrangement that gives one parent the responsibility for deciding everything related to the child’s welfare. It does not mean that the other parent is out of the picture. Parenting Time and parenting time can be the same in a sole allocation of parental responsibilities case as it is in a joint allocation of parental responsibilities case.

Shared allocation of parental responsibilities is a form of joint allocation of parental responsibilities. It is appropriate when the child spends equal time with each parent, the parents reside in the same school district and are able to joint parent.

ILLINOIS-SPECIFIC LAWS

Illinois law encourages the “maximum involvement and cooperation of both parents regarding the physical, mental, moral, and emotional wellbeing of their child.” However, if the parents appear unable to agree on decisions about the major aspects of a child’s upbringing, the court is must decide how to allocate each of these responsibilities.

Illinois allocation of parental responsibility laws stipulate that children 14 and older may choose which parent to live with, but the judge may overrule this decision if he or she determines the child’s decision is not in his or her best interests. A parenting plan generally recognizes the following:

  • The continuity of the parent-child relationship typically is in the child’s best interest.
  • The needs of children change and grow as they mature.
  • Custodial parents make daily decisions (including emergencies) while child is with that particular parent.
  • Both parents are to have access to a child’s official records

Parenting responsibility plans also identify how children spend birthdays and other holidays (plus iron out details such as transportation arrangements, when supervision is required and other considerations.)

The newest changes made to Illinois child custody law were made back in 2016.  Highlights of those changes include:

  • As mentioned above, “custody” and “visitation” have been replaced with “allocation of parenting time and responsibilities” to describe when each parent is responsible for the child and what those responsibilities entail during that time.
  • The terms “joint decision-making” and “sole decision-making” have been added to describe whether one or both parents must make decisions about education, religion, medical care and extra-curricular activities.
  • A court order is required for the custodial parent to move more than 25 miles from their current location if they live in the Chicago metropolitan area.  If the residence is outside of the metropolitan area, a court order is required for a move greater than 50 miles.

GETTING STARTED

Beginning the allocation of parental responsibilities process can vary from county to county, but in general, this the steps to follow include:

  1. Familiarize yourself with your county’s rules. Consider seeking legal representation.
  2. File a petition. The petition may be submitted independently or as part of a divorce, separation, order of protection or parentage case. You must file all forms electronically, unless you have been granted an exemption.
  3. Notify the other parent you are asking for a certain amount of parental responsibilities. To do this, you must serve them a “summons” along with the filed petition. The server may be a sheriff’s deputy, a private process server, a private investigator or — with permission from the court — an adult with no relation to the case.
  4. Wait to hear from the other parent. The other parent has 30 days to respond.  If the parent does not respond, ask the court for a default judgment.
  5. File a parenting plan. Each parent has 120 days from the initial filing to submit a proposed parenting plan. These plans help the judge make custody decisions.

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 allocation of parental responsibilities.

If you are in the midst of a dispute regarding the allocation of parental responsibilities, contact our experienced attorneys here today.