Tag Archive for: Family law Chicago

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.

————————————————————————————————————————————–————————————————————————————————————————————–

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.

5 Reasons to Hire a Family Law Attorney

While Illinois has no law requiring you hire a family law attorney in a family law case, there are good reasons why working with an experienced professional is in your best interest. 

Divorce, divorce mediation, child custody, parental responsibilities, domestic abuse. These (and more) are all daunting cases for any individual having to face them, especially because these sensitive subjects of law involves loved ones. To manage emotions and avoid a complicated legal process, hiring an experienced family law attorney could be extremely advantageous.

Here are five reasons to work with a legal professional in your Illinois family law case.

Objectivity

As an “outsider”, a family law attorney can be much more objective about your case than yourself, and/or family and friends. Especially when experiencing a highly complex issue and emotions are running high. Having a family law attorney in your corner means that you have a professional who can offer objective, fact- and experience-based advice regarding your divorce. A family law attorney can help you avoid going for a quick resolution that leaves you at a long-term financial or parenting disadvantage.

Legal Protection

From bullying-tactics, “I’m taking everything from you.” to unlawful threats “You’ll never see the kids again.” – It’s hard for anyone to know the legalities behind battling a family law case when they’re experiencing it for the first time. An experienced attorney however, is well aware of the law and experienced in outcomes of similar cases.

In addition, for cases involving domestic abuse, you can have an attorney help you observe the precautions you need to follow to keep you and your children safe, such as orders of protection.

Family Law and Legal Proceedings Knowledge

There’s a lot of red tape and substantial paperwork when it comes to family law proceedings. And that’s before it goes to trial. This alone can be especially overwhelming if you’re trying to go it alone. If you haven’t prepared the correct paperwork, the judge could exclude any – or all – of the paper work presented to him/her. By hiring a family law attorney, you can rest assured the correct paperwork is submitted at the correct time. Consequently, you will not have to sweat about your case being thrown out as early as possible.

Court Experience

If a trial becomes necessary, a family law attorney can avidly represent you in court and work toward achieving the best possible jury verdict in your favor. Experienced attorneys can make sure that their client is prepared for everything that is going to happen when they enter the room, and will know exactly how to handle any particular situation that arises during the pendency of a family law case. This will keep the judge happy and the proceedings running smoothly and efficiently.

Peace of Mind

Ultimately, one of the best benefits of hiring a family law attorney to represent your interests in a case is the fact that you will be able to trust your legal issues are being duly dealt with. Whenever you have an issue or a family matter that requires legal representation, it’s essential to seek the assistance of a knowledgeable and experienced professional.

Legal issues around family law are incredibly emotional and time consuming, and your attorney will take a great deal of stress off your plate. Your attorney will also provide peace of mind by reassuring you that your case is in experienced, capable hands.

Family Law with Masters Law Group

If you are facing a family law issue, contact the family law attorneys at 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.

We offer a wide range of services tailored to our clients’ unique legal needs. Masters Law Group LLC has a unique depth of knowledge, experience and talent in the Family Law and Divorce field. Click here to view our practice areas. And click here to set up a consultation today.

Illinois Super Lawyers Recognize Masters Law Group Attorneys

Masters Law Group is proud to announce the firm’s Attorneys named by Super Lawyers in  both ‘Rising Stars’ and ‘Super Lawyer’ categories. 

Masters Law Group attorneys Erin Masters was named Super Lawyer list by Illinois Super Lawyers Magazine in 2020 and now 2021. Additionally, the firm’s Illinois-based attorney, Anthony Joseph was also granted the 2020 Illinois Rising Stars list as well.

The Super Lawyers designation, conferred upon the most respected legal practitioners in the state, is based upon peer recognition and professional achievement. No more than five percent of the lawyers in each state are selected by the research team to receive this honor. Rising Stars are those up-and-coming attorneys who are 40 years of age or younger and have practiced law for 10 years or less. No more than 2.5 percent of the lawyers in the state are selected by the research team to receive this honor.

About Erin Masters

Erin E. Masters is the principal of 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 Hague Convention/ international child abduction matters.

Ms. Masters earned her Bachelors of Arts degree in Psychology from the University of California, San Diego, where she attended on a merit based scholarship, was a member of the Athlete Honor Roll, a participant of the NCAA Division II Track and Field Team and graduated in three (3) years with Provost’s Honors.

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.

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.

About Anthony 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.

Mr. Joseph concentrates his practice in 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 Super Lawyers

Super Lawyers is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high-degree of peer recognition and professional achievement. The patented selection process includes independent research, peer nominations and peer evaluations.

According to Super Lawyers, the “Rising Stars” and “Super Lawyers” selection process is a comprehensive, good-faith, and detailed attempt to produce a list of lawyers who have attained high peer recognition, meet ethical standards, and have demonstrated some degree of achievement in their field.

Selection Process

Super Lawyers selects attorneys using a patented multiphase selection process. Peer nominations and evaluations are combined with independent research. Each candidate is evaluated on 12 indicators of peer recognition and professional achievement. Selections are made on an annual, state-by-state basis. The objective is to create a credible, comprehensive and diverse listing of outstanding attorneys that can be used as a resource for attorneys and consumers searching for legal counsel.

For more information about Super Lawyers, visit SuperLawyers.com.

Contact Masters Law Group

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.

U.S. Hague Convention Treaty Partners

If you are facing the frightening situation of International Child Abduction, you need to determine whether the Hague Convention treaty is “in force” between the U.S. and the other country involved. 

The Hague Convention on Civil Aspects of International Child Abduction, also known as the Hague Abduction Convention, is a treaty that ensures that a child internationally abducted by a parent is returned to their habitual country as quickly as possible.

The convention’s primary goal is to preserve a status quo child custody arrangement that existed immediately before an alleged wrongful removal or retention. This is to deter a parent from crossing international borders to find a more sympathetic court to rule a custody battle in his/her favor. Additionally, the child must be 15 or younger for the treaty to apply.

The Convention focuses on the child, providing a shared civil remedy among partner countries. Depending of where your child was taken to determines on whether the Convention is “in force” between nations. It is therefore important to determine whether the Convention is in force with the particular country in question and when the Convention went into force between the U.S. and the other country.

Hague Convention Treaties

The Hague Convention is a treaty that many countries, including the United States, have joined. So how do you determine whether the treaty is “in force” between the U.S. and the other country involved? The Federal Judicial Center explains:

‘The issue whether the Convention is “in force” between states can be complex. There are differences between the processes by which a state can be bound by the treaty, specifically between those who are “member states” and those who become “party states.” Member states are those states that were members of The Hague Conference on Private International Law at the time of adoption of the Child Abduction Convention at the 14th Session in 1980.

  • Actions by member states include ratifications, approvals, or acceptances.
  • Party states are all other countries that agree to be bound by the Convention and “accede” to the Convention.

The legal significance of ratification versus accession is important.

For member states, the ratification by one member state causes the convention to automatically come into force between that ratifying member state and all other previously ratifying member states. However, when a member state ratifies the Convention, the Convention does not automatically enter into force between that state and a party state that has acceded to the convention.

The treaty “enters into force” between two countries when they are both bound by the Convention. In order for the Convention to enter into force between a member state and a party state, the member state must expressly accept the accession by the party state. The same applies to the accession of one party state vis-á-vis another acceding party state; that is, the accession must be specifically accepted by the previously acceding party state.’

As of July 2019, 101 states are a party to the convention. Like other multilateral treaties, such as extradition treaties, some countries that have signed a Hague Convention treaty with the United States are noncompliant or refuse to hold up the terms of the treaty.

List of U.S Hague Convention Treaty Partners

Listed below are the countries that are participants of the Hague Convention in force with the United States of America. The official list and dates the treaties signed can be found here.

Andorra Lithuania
Argentina Luxembourg
Armenia Macedonia, Republic of
Australia Malta
Austria Mauritius
Bahamas, The Mexico
Belgium Monaco
Belize Montenegro
Bosnia and Herzegovina Morocco
Brazil Netherlands
Bulgaria New Zealand
Burkina Faso Norway
Canada Pakistan
Chile Panama
China (Hong Kong and Macau only) Paraguay
Colombia Peru
Costa Rica Poland
Croatia Portugal
Cyprus Korea, Republic of
Czech Republic Romania
Denmark Saint Kitts and Nevis
Dominican Republic San Marino
Ecuador Serbia
El Salvador Singapore
Estonia Slovakia
Fiji Slovenia
Finland South Africa
France Spain
Germany Sri Lanka
Greece Sweden
Guatemala Switzerland
Honduras Thailand
Hungary Trinidad and Tobago
Iceland Turkey
Ireland Ukraine
Israel United Kingdom (Anguilla, Bermuda, Cayman Islands, Falkland Islands, Isle of Man, Montserrat)
Italy Uruguay
Jamaica Venezuela
Japan Zimbabwe
Latvia

Final Thoughts

As you can see, most of the world, including the United States, belongs to the Hague Convention, and periodically they will negotiate treaties to streamline international justice.

When family law disputes cross not just state but national boundaries, it is essential to have a knowledgeable Illinois-based family law attorney who understands all of the laws that go along with child custody cases, including international custody cases.

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. Contact us here today to set up a complimentary consultation.

Q&A: Child Support During COVID-19.

The current global pandemic has caused devastating blows to both public health and the financial security of millions of Americans. For parents who have court orders to pay child support, the financial outlook may be especially bleak.  Read more

Protecting Your Business During a Divorce.

Under Illinois law, all marital property is subject to an equitable division between spouses. That includes all assets and debts acquired during the marriages, including income earned by efforts of either spouse. Meaning if you started a business during the marriage, it’s likely marital property.

The last thing you want to happen during a divorce is lose half of the business you’ve worked so hard to build. It’s important to put a protection plan in place that may help prevent a contentious situation between you and your spouse.

In Illinois, there are three main ways to protect your business during a divorce.

Prenuptial or Postnuptial Agreement

A formal agreement can help facilitate a resolution and ease anxiety for both parties at a time when emotions are likely running high. It’s best to consult an attorney to ensure appropriate disclosures are made because in Illinois, prenuptial or postnuptial agreements are not enforceable if either party did not provide a reasonable disclosure of their debts and assets.

If it’s found that you significantly undervalued the business, you could be accused of fraud and the agreement will be invalidated. For that reason, it’s also a good idea to get the business valued by a qualified business appraiser.

Providing Documentation

Even without a pre or postnuptial agreement, there are several steps to protect your business during a divorce.

  • First, you can establish yourself as the sole owner of your business by making sure the organizing documents for the firm clearly specify that the business cannot be transferred in the event of a divorce. In this case a cash award may be made to the non titled spouse.
  • Second, keep your business and personal expenses clearly separated. Untangling commingled funds adds unnecessary complexity for advisors and could be detrimental to the settlement.
    It’s important to keep clear records of both capital sources for the business, as well all cash transactions.
  • Lastly, if your spouse works at your business, even in a minor capacity, it’s essential they were paid market rates for their services. Otherwise, they may seek a higher percentage of the company’s value.

Seek Advice from an Experienced Divorce Attorney

One of the best things you can do is contact a divorce attorney early in the predicament who is experienced in handling divorces for business owners.

At Masters Law Group, we understand how stressful a divorce can be. That’s why we move through settlement negotiations, meditations or litigations with our clients assurance and well being at top of mind. We’re skilled at identifying and valuing assets and wealth, including real estate, securities, business interests, retirement funds, pension plans, tax shelters, overseas accounts, stock options, trust and other actual or potential sources of wealth.

If you are looking to explore your options on divorce or legal separation with professional and experienced advisors, contact Masters Law Group to schedule an appointment here.

USA Accepts Pakistan’s Accession to the Hague Convention: International Child Abduction.

The United States has now accepted Pakistan’s accession to the 1980 Hague Abduction Convention. The Convention was entered into force between the two countries on October 1, 2020.

What is the Hague Convention?

According to the US National Centre for Missing and Exploited Children (NCMEC), nearly 800,000 children are reported missing each year. That is more than 2,000 a day. The NCMEC says that 203,000 children are kidnapped each year by family members.

The convention is a multilateral treaty that establishes proceedings for the prompt return of children who have been wrongfully removed or kept away from their home country.

Currently, there are 98 contracting states to the Hague Convention.

Previous Issues with Pakistan

Pakistan has been consistently non-compliant with international norms concerning the return of children who are abducted to Pakistan. In prior years, the U.S. State Department reported frequently to Congress that that was the case.

It is also essential to understand that the Convention contains no provisions that will require recognition and enforcement of foreign custody orders. However, the compliance has been welcomed by the United States with hopes of a brighter future.

United States Accept Pakistan’s Accession

On October 1 2020, The United States accepted Pakistan’s accession to the 1980 Hague Abduction Convention.

The department said on its website, the US accepted Pakistan’s accession to the convention on July 1. It said that the convention would put in place an internationally recognized legal framework to resolve cases of parental child abduction between the two countries.

As partners, we will enhance our shared commitment to protecting children and open a new chapter in the vibrant US-Pakistan relationship…Preventing and resolving cases of international parental child abduction is one of the Department’s highest priorities.

The Department will continue to engage with Pakistani government officials regarding the partnership:

We look forward to welcoming Pakistan as a new partner in this global effort to address international parental child abduction.

If you need assistance with issues regarding International Child Abduction. You don’t have to go it alone.

Schedule a Consultation with Masters Law Group

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.

Masters Law Group has comprehensive 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.

Divorce or Legal Separation: What’s best for you?

During the inevitably stressful time of going through a break up, it’s important to go through your options. To best determine what type of separation is best for you and your family, let’s first understand the difference between divorce and legal separation.

Divorce vs. Legal Separation

Your first thought may immediately go to divorce, and that is understandable due to it being the most common approach to seemingly irreconcilable differences. However, you have another option that is less permanent that is worth considering. There is a large difference between deciding to be physically separated from your spouse and legally separated from them.

A divorce means your marriage is 100% legally over, the court can assist in determining the allocation of parental responsibilities, parenting time, and child support. The court can also determine spousal support and divide property. Couples that have decided they can’t reconcile may be ready for an immediate divorce. However, even if you believe you will ultimately file for a divorce, a legal separation is worth to consider.

A legal separation is a less permanent option, meaning you’re living apart but still legally married. If you don’t think you can live with your spouse, you can file for legal separation. Obtaining a legal separation does not prevent you or your spouse from obtaining a divorce later. Legal separation is less emotionally taxing than divorce because the permanence of a divorce isn’t there which still allows for the legal relationship to exist between the married couple. The court can order a separation between you and your spouse, and it would include similar aspects to a divorce such as allocation of child support and custody arrangements.

When is a legal separation the better option?

Divorce may be the best option for you, it often is for many couples. However, there are some situations where a legal separation rather than divorcing straight away would make the most sense.

  • You’re not sure if your partnership is ready for a divorce, you just need some separation
  • Your religion doesn’t permit divorce
  • Certain benefits are at risk such as health insurance, social security, and others

As much as you may feel differently now, most couples are capable of making a compromise or would agree to a specified time to attempt to reconcile their differences. For troubled marriages, a legal separation is a solution that is often overlooked, but proven very effective for many couples that give it a go. The separation may ultimately lead to a divorce, but at least you can rest assured that you did everything that you could to try to repair your marriage.

Additional common questions about legal separation in Illinois

– Can I still get a Legal separation if my spouse does not live in Illinois?

Yes, you can still get a legal separation granted by the court when your spouse doesn’t live in Illinois, or never has lived there. Something the court may potentially not be able to decide upon in this scenario is custody of children.

– Can custody be decided in a legal separation?

Yes, custody can be decided between the partners if the child has lived in Illinois for over 6 months.

– How long do you have to live in Illinois to file for a legal separation?

You have to be living in Illinois for at least 90 days.

– Where should you begin with this overwhelming decision?

Hiring an experienced legal advocate that is well-versed in family law will be the best option for you moving forward. They can help explain this process to you and is the greatest way to ensure the best possible outcome that is custom and unique to your family’s situation.

At Masters Law Group, we provide divorce and legal separation services and also represent clients involved in these matters. If you are looking to explore your options on divorce or legal separation with professional and experienced advisors, contact Masters Law Group to schedule an appointment here.

 

 

Child Custody During COVID-19 and The Holidays

Dealing with child custody issues is stressful enough. Dealing with child custody issues during the COVID holidays poses an entirely complicated dilemma. Here’s how keep the magic alive for your children and ensure that the 2020 holidays are your best yet.

Shared custody is raising COVID-19 concerns as kids travel between households for the holidays this year. Millions of children split their time between parents every week and even more so during the holidays, but concerns over pandemic safety can make that time even more stressful.

Parents are facing unforeseen issues this year such as:

  • The child having to travel to another part of the state, or another state altogether, to visit their parent
  • One parent living in a COVID-19 hotspot
  • One parent had COVID-19 or is currently experiencing symptoms
  • One parent is not being careful about COVID-19 and could be putting the child in danger
  • One parent does not feel the virus is a true health threat
  • One parent is immunocompromised and in isolation
  • There may be a second wave and more shelter-in-place orders

These new and complex issues may be even more difficult if the courts backed up with cases because of the nationwide lockdowns this past year.

If you’re concerned about COVID-19 and your child’s holiday visitation schedule, then there are steps you can take to work it out with your co-parent, and then go directly to the court to ensure it is legally binding.

Parenting Time COVID Rules

Unless your specific court order prevents out-of-state travel or has other restrictions, then generally speaking, each parent may choose to travel during the holidays even during the pandemic, whether or not the other parent agrees. However, violating state travel laws, CDC and state quarantine guidelines and court-ordered visitation arrangements can potentially affect a custody case. Furthermore, personal issues may also arise when one parent feels safe with airline travel or interstate travel and the other parent prefers to stay at home and self-isolate.

First and foremost, if you chose to travel with your children during the holidays, check in advance for any quarantine restrictions. Following state-imposed guidelines while traveling and attending events during the holidays will help minimize or reduce any potential impact to your custody arrangement.

In Illinois, the Department of Public Health (IDPH) is offering recommendations on how to celebrate safer during the COVID-19 pandemic.  During a time when social distancing and limiting the number of people at gatherings is important, special considerations should be taken.

“COVID-19 has changed the way we work, live, and play, and will now change how we plan to celebrate the holidays,” said IDPH Director Dr. Ngozi Ezike.  “While the safest way to celebrate is with members of your household and connecting with others virtually, we know, for many, the holidays are all about family and friends, so we want to provide some tips on how to celebrate safer.”

The guidelines also say if you are hosting a holiday gathering, limit the number of guests and try to have as many activities outside as weather permits.

What this Means for Separated Parents

This is going to be a long winter for our country, businesses, schools, and families — no doubt. It will take a child-focused, selfless perspective by countless co-parents this holiday season in how to best approach visitation and traditions with families and children.

First and foremost, you must remember that child custody agreements in Illinois, and in every other state, are legally binding. As long as a parent is following these state guidelines for COVID-19 restrictions, most judges will not alter custody orders to prevent one parent from traveling with the children.

While it’s tempting to want to ask that you have your children for the entire holiday season, you should not be angry or upset with your ex-partner if you are denied this due to the schedule set by the court. This year, it is highly suggested that people who live together celebrate together, rather than mixing households. Consider hosting a virtual holiday get together or check in with your kids and mailing your gifts instead. We know it hurts to not be able to visit your children for the holidays, but if it means risking your own life to do so, it’s worthwhile to heavily consider the alternatives.

If you believe a holiday visitation or celebration could place your child and your family at a heightened risk for COVID-19, you should communicate this fact to the other parent and/or your attorney. Offer some safer options and attempt to be as flexible and compassionate as possible. Always try to set emotion aside and as parents, choose what is best for your children and your family as a whole.

Final Thoughts

This is going to be a long winter for our country, businesses, schools, and families — no doubt. It will take a child-focused, selfless perspective by countless co-parents this holiday season in how to best approach visitation and traditions with families and children. Most of all, keep in mind who the holidays are the most special for: your children.

If you need legal assistance to modify a child custody or parenting time agreement to reflect new choices that better keep your family safe, contact the experienced attorneys at Masters Law Group. We represents individuals in both their initial quest to set a parenting time schedule, as well as parents looking to modify a previously determined schedule.

 

Navigating The Hague Convention – International Child Abduction

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.

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.

As of July 2019, there are 101 states are a party to the convention.

Initiating the Process

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.

Defenses/Objections

If the conditions for the return of a child to the country of habitual residence are established, there are at least six possible defenses, or exceptions to the mandatory return of a child. The burden of proof rests firmly upon the parent who opposes the return.

Under the Convention, a court may deny return of an abducted child if one of the following defenses apply:

  • There is a 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;
  • The child objects to being returned and has attained an age and degree of maturity at which the court can take account of the child’s views; or
  • More than one year has passed since the wrongful removal or retention occurred and the child has become settled in his or her new environment.
  • The party seeking return consented to or subsequently acquiesced to the child’s removal or retention.
  • The return would violate the fundamental principles of human rights and fundamental freedoms in the country where the child is being held.
  • The party seeking return was not actually exercising rights of custody at the time of the wrongful removal or retention;

Note: Interpretation of these exceptions varies from country to country.

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.

Why Choose Masters Law Group?

International custody issues can be incredibly difficult to deal with as a parent because of the concern you have for the safety and security of your child, and should be handled properly by a knowledgeable attorney.

Erin Masters and Anthony Joseph have extensive experience in cases involving international child custody disputes and kidnapping 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:

 

I had a very difficult case in the United States Federal Court. My ex husband filed a Petition against me under the Hague Convention on Civil Aspects of International Child abduction asking to return our two sons to Lithuania. Seeking for the legal representation, I was advised by the U.S. Department of State to contact lawyer Erin E. Masters. I was so lucky to have the team of the best lawyers Erin E. Masters and Anthony G. Joseph representing me in this difficult trial.

They represented with the highest standards of law, but also provided support and empathy through the process. The communication was fantastic, always answered every question, explained every situation and possible outcome. As it was a very fast track case, Erin and Anthony worked hard including weekends to prepare everything for the hearing. There was only one hearing and the Decision was totally in my favor. All my family, especially the kids, are very grateful! It is also fair to mention that the legal expenses for the amount of services provided was very very reasonable. Taking in mind my difficult financial situation, Erin even agreed to provide the service for the reduced fee.

I will gladly recommend Erin Masters and Anthony Joseph to represent any of my friends and family in need of an excellent and highly professional family attorney.

— Aistė Šulcaitė

Final Thoughts

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.