Tag Archive for: Chicago family law

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.

How to Find the Right Divorce Mediator in Illinois

Choosing a divorce mediator will be one of the most important decisions you reach during your divorce. When looking for a divorce mediation service, be sure to know what qualities to look for, key questions to ask, and how to begin your search.

Going through a divorce can be a stressful experience in someone’s life. Determining who gets what after the marriage ends is often a complicated undertaking. Decisions made through litigation involve the court system and can be time-consuming and costly.

However, there is an alternative resolution method available for divorce that is known as mediation. Mediation is generally less expensive, less stressful, and less time-consuming than going to court and having a long, drawn-out trial. Want to minimize the stress involved by choosing a good divorce mediator? Here’s a couple tips in finding the right divorce mediator.

What is Mediation?

Mediation is a method of alternative dispute resolution (ADR) available to people who are in the middle of the divorce process. Mediation is essentially a negotiation facilitated by a neutral third party. Unlike arbitration, mediation doesn’t involve decision making by the neutral third party. ADR procedures can be initiated by the parties or may be compelled by legislation, the courts, or contractual terms.

The main goal of mediation is to use collaborative methods when determining who gets what after a divorce. If a couple can reach a mutual agreement, it is submitted to the court for approval. Some of the main issues that a mediator can assist you with include:

  • Child custody
  • Parenting time and visitation
  • Property/asset division
  • Alimony
  • Child support

Finding the Right Mediator

Once you and your spouse come to the consensus that mediation is your best option, you then choose a mediator you trust to guide you through the proceedings. This is the most important step in the process, since mediation is an unregulated profession in the United States, and not all divorce mediators are the same.

Below are a few steps you can take when choosing a mediator to help you navigate your divorce:

  • Compile a list of names of potential mediators. 
  • Evaluate materials/information on possible mediators. 
  • Interview the mediation candidates. 
  • Evaluate their credentials and make a decision.

Word-of-mouth referrals from friends or relatives who have used a mediator before can assist you in selecting the right one for you. In addition, there are national mediator membership organizations that maintain lists of practitioners and offer referral services. In the end, it is important to use a mediator with whom you feel comfortable in order to achieve a positive outcome. Overall, mediation allows you to create solutions that work best for you and your children. 

Final Thoughts

A divorce does not mean a couple has to go to court to reach a settlement. Mediation is an alternate option that allows spouses to come to an agreement through compromising with the help of a neutral third party and subject matter experts. If you’re looking for a mediator, Masters Law Group is here to help.

Erin E. Masters has been approved as a Mediator for the Cook County Domestic Relations Division and offers private mediation services. If you are looking to settle your family law matter without court intervention, contact Masters Law Group to schedule a mediation appointment.

Schedule a Consultation today to learn more about how we can assist as your Divorce Mediators.

 

Got Half? Property Division in Illinois

Marital property is any property or money that either spouse got during the marriage. If you cannot come to an agreement, a judge will have to make decisions about dividing your property and debt, and also about spousal support. 

Illinois may boast some of the lowest divorce rates in the nation, but think twice before you dub the state a lover’s paradise. In 2019, there were 1.3 divorces per thousand inhabitants in the state. However, this figure is a decrease from 1990, when the divorce rate was 3.8 divorces per thousand inhabitants.

One of the most controversial parts of the divorce process is often the division of marital property. Divorcing couples have the option of dividing property on their own with the help from a mediator, but couples who can’t reach an agreement will require court intervention. Illinois courts divide marital assets and debts according to “equitable distribution.”

Unlike other states that divide the marital estate exactly in half, Illinois instead considers a variety of factors to determine an asset division arrangement that is fair and reasonable on both ends. Here’s a couple of factors to consider when determining property division in Illinois.

Dividing and Distributing Assets

The first step in dividing property during a divorce is deciding whether property is marital or separate. Marital property includes most assets and debts a couple acquired during marriage. Separate property is if a spouse owned it before getting married or acquired it during marriage as a gift or inheritance. 

There are many factors at hand when you try to split up assets such as, how much each side has contributed (income, debt, as a homemaker etc.), the value of property, property hidden or destroyed in the course of the marriage, the length of a marriage and more:

  • Economic circumstances of each spouse
  • Child upbringing costs
  • Existing court maintenance orders
  • Financial contributions from previous marriages
  • Prenuptial or postnuptial agreements
  • The status of each spouse (i.e. age, health, occupation, employability)
  • Consequences of tax reallocation from a property division

Similar to property, debt is divided in a divorce. “Marital debt” means debts that a couple gets while they are married. Spouses are responsible for each other’s expenses for the family during their marriage. Marital debt can be divided in a divorce case.

One thing to keep in mind is that the court is obligated to ignore marital misconduct when dividing property unless it had an immediate impact on the property or assets of the marriage. The main goal of the property division is to be fair. It won’t always be an even split, it could turn into a 60/40 split or 70/30 as long as the court deems it to be fair.

Once the court has determined what is and isn’t marital and separate property, they will assign a monetary value to each item. Determining an item’s value can help both the couples and the judge determine whether a specific property distribution is fair and equitable. A spouse with more assets and a high earning career can potentially take on most of the debts in a divorce, while the lower-earning spouse could receive a greater share of the assets. An example of this would be if one of the spouses has a high net worth or owns complex assets, the property division process can become especially complicated since they are liquid assets. 

Couples can divide their assets and debts on their own by reaching a divorce settlement agreement. A settlement agreement should resolve all issues in your divorce. A judge will review any proposed settlement agreement and must approve it before your divorce can become final.

Divorce Mediation

As previously mentioned, working together with a mediator to come to an agreement over the dividing of the property will help the divorce move more quickly. This where instead of going to court and leaving the division of your hard-earned property and assets to court, you can opt to settle matters amicably. You can discuss the property division in the presence of a third party – or mediator – who will host the negotiations and help you and your spouse in reaching a fair settlement.

Final Thoughts

Ultimately, trying to determine the division of marital and separate assets can be a lengthy process. One way to speed this process up is to do an audit of all of your household items. Make a detailed list and then go through it line by line with your spouse. If and when couples have trouble communicating, going through a family law attorney may be your best option.

If you are considering filing for divorce, the first step you should take is to contact our Chicago-based law office. When you need the assistance of an experienced family court attorney in the greater Chicagoland Area, we can help. We are dedicated to providing our clients with exceptional service and support, guiding our clients through the entire divorce process.

If you are going through a divorce and want an experienced property division attorney to handle your case, do not hesitate to call. Contact us here today to schedule your complimentary consultation.

What to do if Your Ex Won’t Return Child After Half Term

Half Term, Thanksgiving, Hanukkah, Christmas… the last quarter of the year is packed full of family fun. However, if you are separated or divorced, sharing a child during the holidays is not easy, especially if your ex refuses to obey your parenting or custody agreement.

Half term school break is right around the corner, and for many parents, this is an exciting time to spend some quality time with your child. However, ask many divorced parents about child visitation rights, and you’re likely to hear some discontent about the situation. Especially when a parent ignores an established holiday exchange schedule.

When a parent violates a court-ordered or agreed-upon parenting plan, they run the risk of being held in contempt of court. A parent refusing to bring a child back to the custodial parent after a visit is also known as Parental Child Abduction which requires fast, legal action.

Parenting Plans 101

A parenting plan is a document that says who will make decisions for a child and how those decisions will be made. This often happens in a parental responsibilities case. These plans outline how you and the other parent will continue to care and provide for your children after you separate.

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.

What to include in your plan:

  • Where the child lives
  • Time the child spends with each parent
  • How each parent gets information and records about the child
  • How the child is to be transported for parenting time
  • An airtight Holiday schedule

The final parenting plan will always be aligned with what’s in the best interests of the child.

Important Factors of a Parenting Plan in Illinois

  • Each parent must file a parenting plan within 120 days of asking the court for parental responsibilities;
  • If the parents agree on parental responsibilities, including parenting time, they can file one parenting plan (signed by both parents) within the 120 days. If the parents don’t agree, they must each file their own parenting plans;
  • If neither parent files a parenting plan, the court will hold a hearing to determine the child’s best interests; and
  • The court will look at the parenting plans when it decides who gets parental responsibilities.

Once both plans have been created and shared with the court to examine each parent’s responsibilities, the court can accept the plan and it becomes a Joint Parenting Order. After the Joint Parenting Order is in place, changes cannot be made to it for two years.

Parenting Plans for Holidays, Vacations & School Breaks in Illinois

Splitting up holidays, vacation time, and school breaks can be challenging, but there are ways to make it work for everyone involved.

For many parents, it makes sense to take an odd/even approach to the holiday season. For example, one parent could have the child/children for Thanksgiving on odd years, but Christmas for even years. The other parent would have the children for Thanksgiving on odd years and Christmas on even years. An an alternative choice by parents during the holidays is a fixed holiday schedule. This takes a more simple approach of assigning a certain holiday, every year, to a certain parent. While this could cause some form of conflict for those to want to alternate the holidays, it works well for separated couples with different religions.

At any point, one parent may need to modify a parenting plan. A parenting plan can only be modified by the court. Take caution with any out-of-court arrangements because they are not enforceable.

Parenting Plan Violations

Either your ex isn’t complying with the schedule or maybe there are more serious issues where you’re worried about your child’s safety; If you are concerned about the upcoming holidays and whether your ex will stick to the plan, you can and should probably take legal action.

According to 750 ILCS 5/607.5, if one parent violates the parenting plan, the other parent can bring an action to enforce the parenting plan. If the court finds that a violation has occurred, it can order:

  • additional terms and conditions
  • require participation in a parental education program
  • require family or individual counseling
  • require parent-in-violation to post a Chas bond that can be forfeited for payment of expenses
  • require parenting time to be made up
  • find the non-compliant parent in contempt of court
  • impose civil fines
  • require a non-compliant parent to reimburse reasonable expenses to the compliant parent
  • require any other measure so long as it is in the best interests of the child.

What to do if Your Ex Won’t Return Your Child

If your ex isn’t sticking to the parenting plan, have your attorney send a letter to your ex. This is often the first step towards getting your ex to follow child custody orders. Your attorney can write up a forceful letter that informs the other parent that they must obey the court order or be prepared to face serious legal penalties. Sometimes this is all that it takes to wake up a parent and get them to follow the child custody order.

Illinois’ new parenting time law (750 ILCS 5/607.5(a)) requires the court to handle parenting time abuse cases on an “expedited basis.”  In the old days it could take six months to get parenting time violations addressed.  Now, thanks to the new law, I often can get a remedy in a few days or weeks.

However, keeping a child late on a visitation in Illinois is technically a crime. If you suspect that the other parent has taken your child and doesn’t intend to return (known as a parental child abduction), contact the police. If the other parent takes your child across state lines or out of the country, local police will work alongside federal law enforcement, such as the FBI, to ensure the return of your child.

Experienced Parental Child Abduction Attorneys – Masters Law Group

Above all, your actions should be taken in the best interests of your child.

An experienced attorney can help you navigate the court system in this emotional situation, and make sure that you get in front of a judge as soon as possible. At Masters Law Group, we focus 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. What’s more, our attorneys are also court-appointed Child Representatives and have experience advocating for children in these high-conflict matters.

If you’re dealing with custody or visitation interference, or have related concerns about parental child abduction, contact us here today. We understand that above all, any actions taken should always be in the best interests of your child.

Can I Appeal a Family Court Judge’s Order in Illinois?

The Family Court will make decisions related to divorce, divorce mediation, civil unions, child custody, child support, orders of protection and more. But did you know if you disagree with the judge’s decision from trial, you can file an “appeal”? Here’s everything you need to know about applying for an appeal in the state of Illinois. 

Do you need help seeking an appeal from an unfavorable ruling in a divorce, child support case or other family law related matter? Judges can sometimes make an error that adversely affects the outcome of your case. In that situation, you may have a solid legal base for an appeal. An appeal is a request to have a higher court change or reverse a judgment of a lower court.

When you appeal, the entire case is reviewed by a higher court. Here are some points to note if you’re considering appealing a family court judge’s order.

Appealing a judge’s decision in family court

In some states, family court rulings can be appealed. This type of request is made to a higher court that will involve a judge, or panel of judges, to review the decision made by the lower court. This is not a rehearing, and you will not be able to present new evidence. The court of appeals’ objective is to review the trial record and determine whether or not the judge acted within their discretion. If the appeals court finds the judge acted accordingly, the decision will be upheld regardless of the appellate judges’ opinion on the matter.

In a majority of states, final orders given by the family court are the only cases that can be appealed. For example, in a divorce, a final order may include the final divorce decree, which might address asset distribution, child custody, and more. Temporary orders are pending and can only be appealed when you ask the appellate court to review them. It’s important to note that not all family law cases can be appealed. Grounds for an appeal are solely limited to:

  • Errors in law: A mistake in a court proceeding. For example: when state law requires a parent who has been convicted of domestic violence to complete counseling before being awarded visitation rights, but a judge grants visitation without any proof of counseling.
  • A mistake in fact: When a judge reached a final conclusion that no other person could have reached based upon the evidence. For example: when a parent is awarded sole custody even though they have been convicted of sexual abuse of a minor and the other parent has demonstrated to be a fit parent with no criminal record.

Appeals in Illinois

Because each state differs in law, you need to do your due diligence to ensure you follow the correct steps for the state you live in. In Illinois, a Notice of Appeal needs to be filed within 30 days of a final order, so if you don’t act quickly, you lose your right to an appeal. The appeals process can be lengthy and difficult. Should you decide to appeal your case without an attorney, you will need to follow the Rules just like those parties who have an attorney.

As of July 1, 2017, all documents filed in the Illinois Appellate Court and Illinois Supreme Court must be filed electronically (“e-filed”). If you need assistance, you may take your documents to the appellate court clerk’s office, where you can use a public terminal to e-file your documents. You can bring your documents on a flash drive or on paper. The terminal will have a scanner where you can scan, save, and then use the computer to e-file your documents.

IllinoisCourts.gov released a guide for appeals here which includes a full checklist of items to cover, along with a timeline of events in an appeal and where it is best to consult a family law attorney in this often-complex process.

Process for appealing a case

As mentioned, if you want to appeal a circuit court decision, you have 30 days after the final judgment to file a Notice of Appeal with the appellate court. This notice states what decision you are appealing and what you want to happen. Your Notice of Appeal must contain:

  • The court you are appealing to. 
  • The court you are appealing from. 
  • The name and number assigned to the case by the circuit court.
  • Who is filing the appeal (the appellant) and who will be responding to the appeal (the appellee).
  • What orders of the circuit court you are appealing from and the dates they were entered.
  • What you want the appellate court to do. For example, reverse the decision of the circuit court.

Next Steps

Each year in Illinois, thousands of families seek answers to questions regarding divorce, legal separation, allocation of parental responsibilities, support and other matters of family law. If you are thinking about appealing a decision related to divorce, child custody, child support, or another family law issue, you should really schedule a consultation with Masters Law Group immediately. 

If you or your loved ones are looking to appeal a family court judge’s order, contact the attorneys at Masters Law Group for guidance on these matters.

Learn more about the U.S. Courts of Appeals here. 

 

Preparation for a Family Court Trial

Your divorce and/or custody has been set for trial. With so much at stake, being well-prepared can help you feel more confident and calm. Here are some useful steps that can help you to prepare your case effectively in family court.

When parents divorce in the state of Illinois, their divorce settlement must outline a plan for different issues regarding their children. This plan should include child support, custody and visitation. Some parents are able to utilize mediation or work together to determine where their children will live and how much time will be spent with each parent.

There are some cases in which parents are unable to resolve custody disputes without legal intervention. In that situation, it is best to get a family lawyer to advise parents to prepare themselves for a potential child custody evaluation. Here’s some ways to prepare for a family court trial.

Preparing For Trial

Attorneys will guide you through the preparation process and help you gather evidence. Your job is to provide everything your attorney asks for and be 100% honest so they can prepare for arguments the other party may be compiling. 

If you plan on representing yourself, most legal experts would recommend consulting with an attorney to ensure you’re ready for court. This is different from hiring a lawyer to represent you since they will provide you with advice during meetings.

You’ll need to present evidence to support your case, which includes exhibits and witnesses. It’s always important to review the Illinois Rules of Evidence, and remember that witnesses cannot testify to hearsay.

Examples of Evidence You Can Provide

  • Bills and medical reports 
  • Photos/Videos of you and your child
  • Phone logs and visits with your child
  • A calendar showing when you care for your child
  • Anything that proves you to be fit as a parent and meets evidence requirements

It’s important to be prepared and have the judge know your stance on what is best for your child. You can do this by providing a parenting plan and parenting time schedule to trial. Along with all documents, bring a copy for the court, one for the other parent and one for yourself.

Witnesses can be anyone with knowledge relevant to the case. Parents almost always testify as witnesses. A child is more likely to do an interview with the judge outside of the courtroom, since the probability of them testifying is low. Expert witnesses provide professional opinions and are appointed by the court or hired by a party. Examples of expert witnesses are child custody evaluators or psychologists. Lay witnesses do not offer expert opinions, but they testify about their personal knowledge of a situation. These witnesses include family members, friends, and teachers.

Trial Scheduling

Trials usually take place several months after the initial filing. If the case is not progressing 18 months after filing, the judge may decide to issue a ruling at that time. Trials typically tend to be a few hours and will often be done in one sitting. 

Longer trials may be broken up into sessions spread out over days, weeks or, in some complicated cases, months. Be aware that the court may delay your trial date due to requests for more time from the other parent.

Trial Procedures

The parent who requested parental responsibilities, also known as the petitioner, may give an opening statement to explain how they see the case. The other parent, also known as the respondent, can then follow. 

If you are represented by an attorney, they will speak on your behalf. The petitioner calls witnesses and presents exhibits first. Any number of witnesses can be called to testify, as long as they were on the list that was filed with the court and provided to the other parent. 

Following Procedures:

  • Next, the respondent calls their witnesses and presents their exhibits.
  • Later, each side can submit additional evidence (called rebuttal evidence) to disprove the other side’s claims.

Finally, both parties give closing arguments to summarize their points. Judges announce rulings immediately following closing arguments, but they can take several days or weeks to decide. The final judgment replaces temporary orders previously put in place. Your options for changing a final judgment include appealing to a higher court or applying for a modification.

Final Thoughts

Masters Law Group understands that preparation for a family court trial can be a stressful situation. Our firm makes sure they are with you every step of the way. We currently handle family law matters in Cook County and surrounding counties and concentrate in the area of domestic relations, which includes divorce, allocation of parental responsibilities, child support and related family matters.

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