Tag Archive for: Family law

Navigating the Holiday Season During Divorce: A Co-Parenting Guide

When we think of the holidays, we think of happiness and being surrounded by our loved ones. However, it can present a unique set of challenges for divorced – or divorcing – parents.

Whether this is your first holiday season post-divorce, amid a divorce, or you’re a seasoned co-parent, effective preparation and clear communication are crucial for a fulfilling holiday experience for your children.

Given that a divorce occurs approximately every 36 seconds somewhere in the United States, the importance of finding peaceful ways to co-parent cannot be more important. In this blog, we aim to provide practical tips and insights to help provide a peaceful holiday for you and your children. Here’s what you need to know.

Understanding Parental Responsibilities

It’s important to know that “custody” is no longer used. It is now called “parental responsibilities.” This includes two main things: parenting time (formerly “visitation”) and the power to make decisions for children. Parenting time is a schedule that shows when each parent spends time with the children. This schedule is created and approved by a judge in family court. If the parents can’t agree on the schedule, the judge will decide what’s best for the child and assign a schedule for the parents.

Parental responsibilities refer to the decision-making responsibilities that each parent will have on behalf of the child. Parents can agree to make these decisions together or divide them into categories, which should cover the following:

  • Education
  • Health
  • Religion
  • Extracurricular Activities

If the parents can’t agree on who gets what responsibility, the Illinois family court judge will allocate those responsibilities among them. Let’s dive into some tips that will help you make co-parenting easier this holiday season.

1. Review and Update Your Co-Parenting Plan

During the emotional and often stressful period of divorce, having a clear co-parenting plan can provide stability and predictability for both you and your children. This plan should outline how you and your ex-spouse will share responsibilities and make decisions regarding your children. If you’re unsure about how to create or modify your co-parenting plan, seeking the assistance of a family law attorney can be incredibly valuable.

A family law attorney can offer guidance and legal advice to help you develop a plan that provides clarity and structure throughout the holiday season. With a clear plan, you can aim for holiday celebrations filled with warmth, understanding, and the season’s magic.

2. Prioritize Communication and Planning

Children flourish when they have stability. To create a harmonious holiday season, it’s vital to present a united front and communicate holiday plans clearly and calmly. Share your holiday plans, including travel details, accommodations, and emergency contacts. Stay updated on any changes or delays affecting the agreed schedule. Keeping the lines of communication open promotes transparency. By communicating effectively, co-parents can build trust between one another. This partnership can help reassure children that the holidays can still be joyful and celebratory despite changes in the family dynamic.

3. Be Flexible and Willing to Compromise

The holiday season is often unpredictable, and flexibility can be your greatest asset. While it’s important to stick to your parenting plan as much as possible, be prepared to make minor adjustments as needed. This could mean being flexible with pick-up and drop-off times or accommodating last-minute changes. The goal is to prioritize your children’s happiness and well-being, even if it means making concessions.

4. Establish and Maintain Traditions

Maintaining holiday traditions can provide a sense of continuity and comfort for children post-divorce. Work with your ex-spouse to determine which traditions to maintain and explore opportunities to establish new ones. Involving your children in this decision-making process can enhance their sense of inclusion and security. Here are some creative approaches to traditional celebrations:

  • Go out to eat instead of cooking.
  • Have a holiday picnic in a new part of the house.
  • Eat dinner while watching holiday movies.
  • Buy new holiday decorations.
  • Spend time with extended family.
  • Change your gift-giving routine.

5. Prioritize Your Children’s Needs

Parents, caregivers, and educators play a crucial role in helping children cope emotionally during and after a divorce. Studies show that children often encounter significant difficulties in these times, especially in the first year or two after the divorce. It’s essential to understand that each child is different, and what’s a big deal for one child might not be as important to another.

Pay attention to their feelings and needs, and be supportive if they struggle with the changes. Involve your child in the decision-making process where appropriate, giving them a sense of ownership and excitement about the holidays. Remember, the goal is to create lasting memories and positive experiences for your child. Lastly, try to keep negative feelings about your ex-spouse to yourself and maintain a positive attitude when discussing holiday plans.

How Masters Law Group Can Help

The holidays can be emotionally taxing, especially after a recent divorce or separation, which can intensify these emotions. It’s important to prioritize self-care to be the best parent you can be. Your family’s well-being is paramount, so don’t let the emotional strain of a custody case weigh you down.

At Masters Law Group, our family law attorneys focus on helping clients assert their rights to further the best interests of their children. Attorney Erin E. Masters is a court-appointed Child Representative with experience advocating for children in these high-conflict matters. Attorney Anthony G. Joseph is an approved Guardian Ad Litem/Child Representatives list for the Domestic Relations Division of the Circuit Court of Cook County.

With a strong focus on assisting clients in Chicago and Chicago’s Western Suburbs (Elmhurst, Hinsdale, DuPage, Oakbrook), we offer various services to help parents, children, and families through difficult times like Divorce, Parenting Time, and Allocation of Parental Responsibilities.

If you require legal assistance, contact a member of our legal team today. Our attorneys will work with you to develop an appropriate action plan for your unique needs and goals. We will work diligently on your behalf and provide regular updates.

Contact us today to set up a complimentary consultation.

Alimony and Asset Division in Divorce

As couples navigate the challenging path of divorce, alimony and asset division are critical aspects that demand attention. But divorce laws differ by state. Here’s what you need to know about divorce proceedings and asset division in the state of Illinois. 

Asset division plays a significant role in determining the financial future of both parties involved. In this blog, we will explore the concepts of alimony and asset division in divorce, shedding light on how they work and what factors influence their outcomes. Here’s what you should know.

Alimony: Providing Financial Support

Alimony is a financial arrangement where one spouse provides financial support to the other after a divorce or separation. Its primary goal is to help financially disadvantaged spouses maintain a standard of living to what they enjoyed during the marriage. Alimony can be temporary or permanent, depending on various factors. Here’s a look at some of the factors that are considered:

  • Income Disparity: The most critical factor in determining alimony is the income disparity. If one spouse earns significantly more than the other, they may be required to provide financial support.
  • Duration of Marriage: Longer marriages often result in higher alimony awards. The courts typically consider the marriage’s impact on the dependent spouse’s career and financial prospects.
  • Contributions to the Marriage: Courts also consider the contributions of each spouse to the marriage, both financial and non-financial. This includes homemaking, childcare, and support for the other spouse’s career.
  • Parental Agreements: Parental responsibilities are arrangements that can affect alimony, as the custodial parent may receive more support due to increased expenses related to raising children.

Asset Division: Splitting the Marital Pie

Asset division involves dividing the marital property and debts between spouses fairly and equitably. It’s essential to understand that the goal is not necessarily to divide everything equally but rather fairly, considering the unique circumstances of the marriage. Determining a fair and equitable division of assets can be intricate and contentious, especially when significant assets are involved. Here are some factors that influence asset division:

  • Property Ownership: Marital property typically includes assets acquired during the marriage, such as homes, cars, bank accounts, and investments. These are subject to division. Separate property, acquired before the marriage or through inheritance, is generally exempt.
  • Duration of Marriage: The length of the marriage can impact asset division. Longer marriages often result in a more equitable division of assets.
  • Custodial Arrangements: Parental responsibilities can influence asset division as they affect the financial responsibilities of each spouse towards their children.
  • Future Needs: The court also considers the future financial needs of each spouse. For example, if one spouse is financially dependent and unable to support themselves, they may receive a more significant share of assets.

Marital Vs. Separate Property

In the context of divorce, understanding the distinction between marital and separate property is key. The marital property encompasses assets acquired during the marriage, regardless of which spouse’s name is on the title. This includes income earned, real estate purchased, and investments made during the marriage. Marital property is generally subject to division between the spouses during divorce proceedings.

In contrast, the separate property comprises assets acquired before the marriage or received as gifts or inheritances during the marriage but designated as separate. These assets typically remain with the individual who owns them and are not subject to division. Recognizing and understanding the differences between the two is crucial for a fair and equitable distribution of assets during the divorce process. Working alongside a seasoned family law attorney can help you protect your rights and interests.

Illinois Asset Division

When couples get a divorce in Illinois, the courts don’t split everything down the middle like in certain other states. Instead, Illinois follows a more intricate approach called “equitable distribution.” Here’s how it works:

  1. Contribution to the Marriage: The court looks at what each spouse brought to the marriage, both in terms of money and non-money contributions like taking care of the home or children.
  2. Duration of the Marriage: How long the marriage lasted matters, as it can affect how assets are divided.
  3. Economic Circumstances: Each spouse’s financial situation, including income and needs, is considered.
  4. Non-Marital Property: Things owned before marriage or received as gifts or inheritance during marriage may not be split.
  5. Custodial Arrangements: If there are kids, the court looks at custody and how it impacts finances.
  6. Spousal Support (Alimony): Whether one spouse needs support payments is factored in.
  7. Tax Consequences: Taxes resulting from asset division are also considered to make things fair.
  8. Wasteful Dissipation: If one spouse recklessly spends or wastes money, it can affect the division.
  9. Future Needs: The court thinks about what each person will need down the road, especially if one is in a tougher spot after the divorce.
  10. Agreements: Any agreements made before or during the marriage, like prenups, are taken into account if they meet legal standards.

Remember, “equitable distribution” doesn’t always mean a perfect 50/50 split. It’s about creating a fair and just arrangement based on each family’s unique situation. This process can be tricky, so it’s a good idea to work with a skilled family law attorney to help ensure your rights are protected during asset division in Illinois.

How a Divorce Attorney Can Help

Divorce is a complex and emotionally charged journey that often requires the guidance of seasoned family law professionals. At Masters Law Group, our experienced family law attorneys are here to provide valuable assistance, helping to ensure that your rights and the best interests of your children remain at the forefront of every decision. Here are some crucial areas where we can help guide you:

  • Parenting Time: If you have children, it’s essential to work closely with your attorney to determine the most suitable arrangements for child custody and visitation. We aim to help create arrangements prioritizing your children’s well-being and best interests.
  • Mediation and Alternative Dispute Resolution: We encourage exploring options like mediation and collaborative divorce, which can facilitate mutually beneficial agreements outside the courtroom. Our family law attorneys will skillfully guide you through these processes, representing your interests, and helping to secure a smoother negotiation experience.
  • Post-Divorce Modifications: Life can bring unexpected changes even after the divorce is finalized. Circumstances may arise that require modifications to parental responsibilities, visitation, or support arrangements. Our attorneys are here to assist you in addressing these changes promptly and effectively, safeguarding your rights and the interests of your children.

Remember, family law professionals are your allies during this challenging time. By collaborating with a trusted family law attorney, you can confidently navigate the complexities of divorce and reduce the stress associated with the process. Your rights and the well-being of your family are our top priorities.

Last Thoughts

Understanding what alimony and asset division entails can help you in the long run regarding divorce proceedings. At Masters Law Group, you can rest assured knowing you are consulting with trusted and experienced legal professionals. Our family law attorneys can help protect your rights and interests during this challenging time. 

With a focus on helping clients residing in the Cook, Will, Lake, and Dupage counties, our practice is committed to providing a comprehensive suite of services to support parents, children, and families during challenging periods like divorce.

Get in touch with us today and schedule your complimentary consultation.

Family Child Abduction

The National Center for Missing and Exploited Children estimates that approximately 200,000 of the 260,000 children abducted each year are taken by a parent or other family member. Family Child Abduction is a very serious criminal offense that can have devastating effects on children and parents.

Family child abduction is illegal in every state, and it is often treated as a felony-level offense that can result in prison upon conviction. In many cases, family abductions occur in the midst of bitter divorce or child custody battles. The child may be kept beyond a court allotted visitation period or the parent may pick up the child from school or daycare without permission and not return the child. In other cases, a child may be abducted by a family member and may face physical or sexual abuse.

The Frightening Family Abduction Statistics

David Finkelhor, director of the Crimes against Children Research Center at the University of New Hampshire, led a team of researchers who sought a better estimate of the prevalence of family abduction. They used data from three waves of the National Surveys of Children’s Exposure to Violence (NatSCEV), sponsored by the U.S. Department of Justice and Centers for Disease Control and Prevention. In 2008, 2011 and 2014, the surveys asked children aged 10 to 17 years about their life experiences. Information about children aged 9 and younger was gathered from caregivers.

Some key findings:

  • 4 percent of children in the sample had experienced family abduction and 1.2 percent had experienced it within the past year. Based on this information, the researchers estimate that 875,000 children a year – 12 per 1,000 — are either abducted by a relative.
  • Parents were the perpetrators in more than 90 percent of abductions. Mothers and female family members were responsible for the majority – 60 percent. However, fathers and male relatives were responsible for 64 percent of all abductions.
  • Children who have been abducted are more likely to be from low-income households and have separated, estranged or divorced parents. In two-parent families, an estimated nine children per 1,000 experience an abduction compared to 84 per 1,000 in single-parent households.
  • 43 percent of abductions were reported to the police, including 86 percent of family abductions.

If you are facing a family abduction matter, call the police immediately. These cases are treated very seriously and many AMBER alerts that are issued stem from family abductions. Even where the child may not face an imminent threat of physical harm, law enforcement will treat these types of abductions as high priorities and will work to return the child to his or her parent.

International Family Abductions

International child abduction is a distressing problem that impacts numerous families worldwide. This issue has profound emotional, psychological, and legal implications for those involved. Due to the increasing ease of international travel, these cases are sadly on the rise.

But what classifies as International Parental Child Abduction? As per Travel.State.Gov, international parental child abduction is the removal or retention of a child outside their country of habitual residence in breach of another parent or guardian’s custody rights.  The Office of Children’s Issues within the U.S. Department of State is a leader in U.S. government efforts to prevent international parental child abduction (both from the United States and to the United States), help children and families involved in abduction cases, and promote the objectives of the Hague Abduction Convention.

Causes and Factors of International Child Abduction

A variety of factors drive international child abduction. Child abduction often occurs after separations, divorces, or custody disputes. Let’s take a look at some additional factors that contribute to international child abduction:

  • Cultural and Economic Reasons: Globalization and increased international mobility have prompted some parents to return to their native countries, often taking their children. These reasons are often influenced by a desire to maintain cultural connections, be closer to extended family, or seek better economic opportunities in their home nation.
  • Fear of Child’s Well-being: Concerns about the child’s safety in the other parent’s environment can drive some parents to abduct their child when they believe it offers better conditions.
  • Parental Alienation: In some cases, one parent might feel alienated from the child due to actual or perceived biases in the custody proceedings. Parental Alienation can foster desperation, prompting the alienated parent to resort to drastic measures like abduction to regain control over the situation.
  • Lack of Robust Legal Framework: Different legal systems and international treaties across countries are challenging. Not all countries are part of the Hague Convention of Civil Aspects. The lack of a legal framework in certain countries creates loopholes that abducting parents might exploit. The absence of streamlined procedures for cross-border child custody disputes can complicate efforts to prevent international abduction.

To effectively tackle the underlying issues of international child abduction, it’s essential to take a thorough approach. An effective process might involve enhancing parents’ communication and establishing robust support systems. We can work together to prevent the detrimental effects of international child abduction families by addressing these factors across borders.

Preventing  Child Abduction

When parents can’t agree on where a child should live, working with an attorney experienced in child abductions can help. If you think the other parent has taken your child, here’s what you can do:

  1. Get a Court Order or Custody Decree: It’s essential to have a clear court order that outlines custody arrangements and travel restrictions. This order can help prevent unwanted travel with the child. Court orders can also address matters like passports and custody details.
  2. Consult a Child Abduction Attorney: Talk to an attorney who knows about these situations. They can help you understand your options and might suggest getting an order that stops the child from leaving the country.
  3. Look for Warning Signs: Watch for sudden changes in the other parent’s life, like quitting a job or selling a home. These changes could indicate plans to move. You can find more information on our Resources for Parents page.
  4. Tell the Police and Share Court Orders: Inform the local police about the situation and give them copies of your court orders, including any custody, protection, or restraining orders you have.
  5. Contact a Foreign Embassy or Consulate: If your child is a dual national of another country, consider contacting that country’s embassy or consulate.
  6. Know About Travel Rules: The United States doesn’t have strict rules for children leaving the country. Even without both parents’ agreement, a child can cross borders. Without a clear court order saying otherwise, it can be challenging for law enforcement to stop an abduction.

If you believe your child has been abducted, always start by calling the police.

Work With a Child Abduction Attorney 

Dealing with international child abduction situations presents significant challenges for parents and children. Seeking the assistance of a child abduction attorney is a crucial step in ensuring the safe recovery of your child.

Taking swift action is necessary if you ever face a child abduction case. In such situations, partnering with an experienced child abduction attorney is needed. Their experience becomes crucial for initiating a Hague Convention application for scaling a defense against any Hague Convention-related legal actions. 

Erin Masters and Anthony Joseph are highly experienced in handling disputes related to international child abduction, particularly within the jurisdiction of the State of Illinois and the United States federal court system. Voted 2023’s Best Lawyers® in America 2023, Masters Law Group is focused on solving problems and achieving the best possible result for our clients, and more importantly, any children involved. 

Contact us to set up a complimentary consultation today to discuss your situation.

The Hague Convention and Family Law: FAQs

Parental child abduction is a living nightmare for parents and families across the globe. But what happens when your child is taken overseas? Continue reading here to find out.

Living in an interconnected world makes it easier for families to extend across international borders. However, this can lead to legal challenges that require cross-country cooperation and understanding.  The Hague Convention on Civil Aspects of International Child Abduction (“The Hague Convention”) is a treaty that many countries, including the United States, have joined. Its purpose is to protect children and their parents from the harmful effects of this growing crime.

If you have urgent questions or suspect you may face the scenario of International Parental Child Abduction in the future, here are some key questions and answers that could help.

FAQ 1: What Is The Hague Convention?

The Hague Convention on Civil Aspects of International Child Abduction 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 their custody may petition for the child’s return to their country of habitual residence. This treaty was developed by the Hague Conference on Private International Law (HCCH) and entered into force in December 1983.

There are over 93 countries that participate in the treaty. This treaty governs the way other countries’ 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.

FAQ 2: How Important is Habitual Residence?

Habitual residence is a crucial concept within the Hague Convention. It refers to where a child has established a regular, integrated, and stable life. Determining habitual residence is essential in deciding which country’s legal system should govern issues like custody and visitation. This prevents parents from moving their children to another country to gain a legal advantage in custody disputes.

A left-behind parent pursuing their child’s return must demonstrate that the child was subjected to wrongful removal or retention per the Convention’s definition. It involves proving that the child’s habitual residence was in a foreign country immediately before the alleged illegal action occurred. The left-behind parent must also confirm their custody rights during the purported wrongful removal or retention.

FAQ 3: What issues arise in cross-border disputes under the Hague Convention?

There an infinite issues that could arise when dealing with international disputes. Often, many challenges intertwine legal, cultural, and jurisdictional complexities. While the Hague Convention emphasizes the prompt return of abducted children, certain exceptions exist, known as Hague Convention Defenses:

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

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

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

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

Defense 5: That “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,” under Article 13(b), and

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

Furthermore, when a child has dual nationality, conflicts might arise regarding which country’s laws should be applied. Effective communication between the legal systems of different countries can also be hindered by language barriers, slowing down the resolution process. As these cases touch upon the sensitive matters of a child’s welfare and custodial rights, working with an established Hague Convention Attorney can help guide you through these challenging scenarios.

FAQ 4: How Does the Hague Convention Interact with Family Law Matters?

Central authorities are vital in facilitating communication and cooperation between the countries involved in a case. They work together to locate the child, gather necessary information, and resolve the situation quickly. The Hague Convention highlights the importance of minimizing a child’s time separated from their custodial parent. This allows them to maintain stability in their lives.

Mediation methods can also offer a more amicable solution to family disputes. Integrating mediation into the Hague Convention proceedings could allow families to address their concerns outside the courtroom, reducing emotional distress and fostering cooperative outcomes prioritizing the children’s well-being.

Furthermore, the U.S. Department of State and an experienced Family Law Firm dedicated to International Parental Child Abduction cases can also help to enforce the safe return of your child or children.

How Can I Find a Hague Convention Attorney?

To help ensure you have the best possible outcome in your Hague Convention case, you should seek an attorney who understands the intricacy of dealing with state, federal, and international laws.

Family law attorneys Erin Masters and Anthony Joseph of Masters Law Group have extensive experience in cases involving international child abduction disputes in the State of Illinois and the United States federal court system. Our unique depth of knowledge, experience, and talent in the Hague Convention field highlights our competence in providing legal counsel for these fast-paced and stressful scenarios. 

For more information on our experience, here are a few of our highlighted Hague Convention cases:

Contact our office today to schedule your consultation.

The Role of a Child Abduction Attorney

It’s every parent’s worst nightmare; your child has been taken by your ex. Let’s explore the warning signs, risks, and impact of this troubling phenomenon and learn how a Family Law Attorney can help.

Imagine the heart-wrenching reality that unfolds every 40 seconds—a child goes missing. The world of child abduction is a global crisis that demands urgent attention. In this blog, we delve into the intricate legal processes that govern child abduction cases both here in the U.S. and across international borders, shedding light on the vital role of child abduction attorneys.

Understanding Child Abduction

Child abduction is a distressing problem that impacts numerous families worldwide. The gravity of this situation necessitates the assistance of attorneys experienced in child abduction who can provide the necessary legal help.

Child abduction is when someone (a stranger or family member) takes a child without legal permission, causing great distress and separation from the family. These frightening situations also occur worldwide, impacting families across the globe. In such complex cases, seeking the assistance of a child abduction attorney becomes vital. Child abduction can occur in various contexts and for different reasons. It is important to differentiate between two types of child abduction:

  • Domestic Child Abduction:
    • Parent or family member taking a child without permission or against a court order.
    • Arises from custody disputes, parental alienation, or perceived harm.
    • Usually occurs within the same country.
  • International Child Abduction:
    • Children are taken across international borders without consent or violating a court order.
    • Motives include custody disputes, parental child abduction, or escaping danger.
    • Requires coordination between different countries’ legal systems via The Hague Convention.

When a child is abducted, the consequences can be severe for both the child and the left-behind parent. The child may experience emotional distress, confusion, and trauma. It is crucial to act swiftly and decisively to ensure the child’s safe return. This is where your family law attorney experienced in child abduction plays a vital role as advocates, working towards the child’s safe return.

The Crucial Role of Child Abduction Attorneys

Family Law Attorneys who are highly versed in child abduction cases provide legal representation and advocacy for families during these high-stakes situations. These dedicated legal professionals possess comprehensive knowledge of child custody, child abduction, and the Hague Convention on the Civil Aspects of International Child Abduction. Attorneys understand the intricate legal landscape surrounding these domestic and international cases. They are well-versed in the specific laws and procedures governing child custody disputes and the unlawful removal or retention of children.

One of the primary roles of child abduction attorneys is championing the child’s best interests in the abduction case. They recognize that children are often the most vulnerable parties in such situations and strive to protect their rights throughout the legal process. These cases involve intricate legal procedures and the application of domestic and international laws. A skilled child abduction attorney from a reputable law firm with a nationwide and global reach is equipped to handle the complexities of these cases.

Navigating the Legal Complexities: The Hague Convention

The Hague Convention provides a framework for cooperation between signatory countries in resolving international child abduction cases. This law establishes guidelines for promptly returning wrongfully removed or retained children. Child abduction attorneys with experience in The Hague Convention guide families through the legal process to maximize the chances of a successful outcome.

Under the Hague Convention, attorneys can initiate legal actions to secure the child’s return to their home country. They assist families in filing applications for the child’s recovery. They also work with central authorities to facilitate communication, gather evidence, and coordinate efforts for the child’s safe return.

At Masters Law Group, our skilled attorneys work with local authorities in the destination country to monitor compliance with court orders and take necessary actions to facilitate the child’s return if there are any obstacles or delays. Through tireless efforts, we aim to reunite families, advocating for the child’s safe return and contributing to the overall well-being of all parties involved.

Trust in Masters Law Group

It is important to work with experienced professionals who understand the safety and well-being of your child. Masters Law Group, led by Erin Masters and Anthony Joseph, is ideal for handling such delicate, time-sensitive matters.

Ms. Masters and Mr. 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.

Featured Hague Decisions:

Final Thoughts

Are you facing or at risk of the daunting scenario of child abduction? Don’t navigate this complex journey alone. Take the first step toward securing your child’s safety and well-being by scheduling a consultation with our dedicated team at Masters Law Group. Together, we’ll fight for your family’s rights and ensure a brighter future for your child.

Contact us today to set up your complimentary consultation.

The Role of Mediation in Resolving Family Law Disputes

Family law disputes can be emotionally and financially taxing for all involved parties. Fortunately, mediation can help.

Divorce Mediation is a peace-making practice dedicated entirely to couples committed to approaching the end of a marriage with honesty, integrity, and reason.

The aim is for divorcing spouses to reach constructive divorce settlements by avoiding litigation’s emotional and financial toll and without court intervention.

In this blog, we will explore the role of mediation in resolving family law disputes. Here’s what you need to know.

What is Mediation?

Mediation is a form of alternative dispute resolution (ADR) that involves a neutral third party who facilitates communication between the parties to help them reach a mutually beneficial solution. Unlike a judge, the mediator does not make decisions for the parties; instead, they help the parties reach their agreement.

Mediation typically begins with both parties meeting with their mediator to discuss the issues at hand. The mediator then facilitates communication between the parties, helping them to identify and address their concerns. Once an agreement is reached, the mediator will draft a written contract that both parties can sign.

In some cases, mediation may not be successful. However, even in these situations, the parties may better understand each other’s positions and concerns, making future negotiations more straightforward. Let’s take a look at some of the benefits of mediation.

1. Cost Savings

The rising costs of divorce have made it increasingly difficult for couples to pursue traditional litigation. However, mediation offers a more cost-effective alternative to conventional litigation, allowing parties to save on legal fees and avoid the costs of lengthy court battles.

According to data from the Bureau of Labor Statistics, the cost of legal services increased by 4.9% in March 2023 compared to the same period last year. With inflation rates remaining high, the cost of divorce will likely continue to rise, making mediation an attractive option for those seeking a more affordable way to resolve family law disputes.

2. Flexibility

When parties opt for traditional litigation in family law disputes, they are at the mercy of the court’s calendar. A judge has multiple cases on their docket and will determine the day and time of an appearance. Because of this, it could result in a delay of weeks or even months. Mediation, on the other hand, allows the parties and counsel to weigh in on scheduling and how the case is to be heard.

In some situations, the proceeding might be a hybrid, in that some individuals appear in person and others participate remotely. This flexibility allows parties to choose a date and time that works for them and participate in the mediation process most conveniently.

Additionally, parties can work with a mediator outside the court’s calendar since mediation is voluntary. This can result in a faster resolution and a more positive experience.

3. Time Savings and Continuity 

Family law cases that go to trial involve major disputes over finances and children and can take time to resolve, prolonging one of the most painful events in a person’s life. The impact of such a trial can be significant, affecting finances, job performance, mental health, and overall well-being.

In contrast, mediation offers a streamlined and efficient process for resolving family law disputes. Mediation minimizes time away from work, children, and other essential aspects of life. Parties can work together to schedule mediation sessions at times that suit their work and family obligations.

Once the mediator establishes rapport with the parties, it is essential to maintain a productive conversation. Agreement on more minor issues can lead to the resolution of larger ones. This incremental approach helps to build trust between the parties and encourages them to find common ground.

4. Privacy

Divorce is one of the most stressful life events, and finding ways to lessen the impact of this stress on the family is crucial. Divorce proceedings can bring additional scrutiny and enhance the anxiety associated with the experience. Courtrooms are open, as they should be, but this can add to the stress of the situation.

Mediation offers a more private, confidential, and intimate setting, which can help to alleviate some of the stress associated with divorce. Parties can work together to resolve their issues in a safe and comfortable environment without the added pressure of a public courtroom setting.

The confidentiality of the mediation process can also be beneficial for families. Mediation agreements are typically confidential, meaning the dispute and resolution details are kept private. It can help protect the parties’ privacy and avoid potential negative publicity from a public trial.

5. Long-Term Results

Mediation can provide long-term benefits for parties involved in family law disputes. One of the key advantages of mediation is that it allows parties to reach a resolution tailored to their unique needs and circumstances.

Choosing mediation can result in a more sustainable agreement that is less likely to result in future conflicts. In addition, mediation encourages parties to communicate openly and work together to find common ground, which can improve their relationship and pave the way for better co-parenting and co-existence in the future.

Finally, mediation is less adversarial than traditional litigation. It can help minimize the adverse emotional and psychological effects of divorce and other family law disputes, which can have long-term benefits for all involved.

Final Thoughts

Serving clients in Cook County and DuPage County Illinois, at Masters Law Group, our experienced attorneys understand that divorce is a stressful situation for everyone involved. As such, we prioritize our clients’ assurance and well-being throughout the mediation process.

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

No one should go through a family law case alone. Contact us here today to schedule a consultation.

Does Divorce Affect Adoptions in Illinois?

Parents who adopt aim to give the child/children a stable, loving environment to grow up in. Couples rarely adopt children with plans to divorce. But as we know, it doesn’t always pan out that way. 

After any adoption, with respect to minor children, if the parties divorce, the adoptive parent may have the same duties and parental responsibilities in regard to child support and other issues as though the minor child was his or her natural child. Here’s what you need to know.

Different Types of Adoption in Illinois

There are four main types of minor adoption that are commonly used in Illinois:

  • Related Adoption: Also called a “kinship” adoption, occurs in a situation where the child is adopted by family members, i.e, stepparent, grandparent, sibling, or aunt and uncle. This form of adoption is often the easiest to navigate, because some procedures and requirements may be waived. 
  • Agency Adoption:  In an agency adoption, the parents receive the child from the Department of Children and Family Services (DCFS) or a licensed private adoption agency. The biological parents have already surrendered the child to the state or had their parental rights terminated.
  • Private Adoption: A private adoption occurs when the adoptive parents receive the child directly from the biological family. 
  • Standby Adoption: A standby adoption is a legal arrangement that becomes effective after a specific event occurs, such as the death of a biological parent.

It’s important to note that Illinois also allows for adult adoptions. Adult adoption happens when a person over 18 is adopted by loved ones they have lived with for a substantial amount of time. The adult being adopted must give consent. However, biological parents do not need to give their approval.

Impact of Divorce on Adoption

When a married couple decides to adopt a child, they typically do so together, as joint petitioners. This means that both parents are legally responsible for the child, and both must consent to any decisions regarding the child’s upbringing, education, and medical care. However, if the couple divorces before the adoption is finalized, the situation becomes more complicated.

In Illinois, the adoption process is generally governed by the Illinois Adoption Act. According to this act, if a married couple begins the adoption process and then decides to divorce before the adoption is finalized, the court must determine whether the adoption is in the best interests of the child.

The court will consider various factors when making this determination, including the child’s age, health, and well-being, as well as the ability of each parent to provide a stable and loving home for the child. If the court determines that the adoption is still in the child’s best interests, the adoption can proceed, but the non-adopting spouse will no longer be considered a legal parent of the child.

On the other hand, if the court determines that the adoption is no longer in the child’s best interests, the adoption will be terminated, and the child will remain in the care of their birth parents or legal guardians.

Impact of Divorce on Stepparent Adoption

In some cases, a stepparent may wish to adopt their spouse’s child after a divorce. This process is known as stepparent adoption, and it is subject to different rules than traditional adoption.

Under Illinois law, a stepparent may adopt their spouse’s child if the following conditions are met:

  • The stepparent is married to the child’s legal parent.
  • The child’s other legal parent has consented to the adoption or had their parental rights terminated by a court.
  • The adoption is in the best interests of the child.

If the stepparent meets these requirements, they may petition the court to adopt the child. However, if the legal parent of the child objects to the adoption, the court will have to determine whether the adoption is in the best interests of the child.

If the legal parent does not object, the adoption can proceed without the need for a court hearing, and the stepparent will become the child’s legal parent.

Conclusion

Divorce can have a significant impact on adoption proceedings in Illinois, and it is important to understand the laws and regulations that govern these situations. If you are considering adoption or are going through a divorce while in the process of adopting, it is highly recommended that you consult with an experienced family law attorney who can help guide you through the legal process and protect your rights and the best interests of the child.

At Masters Law Group, our team of skilled attorneys can help guide you through the divorce process and explain the legal implications of how adopted children could be affected.

Schedule a consultation today to begin the conversation.

4 Common Misconceptions About Family Law

Family law matters can be emotionally and mentally draining. Misconceptions about family law can further complicate the process and cause unnecessary misery for all parties involved.

Getting (and giving) bad advice is an unfortunate part of life. While the giver of the advice most probably only means well, they could be sabotaging a case legally without even knowing it.

Gain clarity and confidence in approaching family law matters, including divorce, by debunking the four most common misconceptions below. Here’s what you need to know.

MISCONCEPTION #1: IF MY SPOUSE CHEATED ON ME, THEY WILL AUTOMATICALLY GET LESS PARENTING TIME.

Illinois courts take into account various factors when making custody and parenting time decisions. All of these factors include the best interests of the child. While it can be easy to assume that infidelity will sway the court’s decision, it is important to understand that this is not necessarily the case.

The court is more likely to focus on issues like communication and the child’s relationship with each parent. Working with a professional family law attorney will help you in the long run. The court’s ultimate decision is in the best interests of your child.

MISCONCEPTION #2: THE MOTHER ALWAYS GETS PRIMARY CUSTODY OF THE CHILDREN

In Illinois, the court will consider various factors to determine what is in the child’s best interests. Some of the factors that the court may consider include:

  • The child’s age and physical and emotional needs
  • The living situation of each parent, including the child’s relationship with each parent and the home environment
  • Each parent’s ability to provide for the child’s needs, including financial and emotional support
  • The child’s adjustment to their school, community, and home life
  • The mental and physical health of the parents and the child
  • Any history of domestic violence or substance abuse in the household

In addition, the court may consider the child’s wishes if they are mature enough to express them. This generally applies to older children or teenagers, who may have a better understanding of their preferences and needs. It’s important to note that parents can create their custody agreement, which the court will review to ensure that it is fair and in the child’s best interests. This can be a less adversarial approach and can give parents more control over the outcome of their custody arrangement.

Custody decisions are complex and require careful consideration of various factors. Consulting with an experienced family law attorney can help you understand your options and make informed decisions about your child’s custody arrangement.

MISCONCEPTION #3: I WILL BE DIVORCED SOON AFTER I FILE.

In Illinois, an uncontested divorce can be granted without a waiting period as long as residency requirements are met. However, a contested divorce typically requires a six-month waiting period before it can be finalized. The duration of the divorce process in Illinois varies. Here are some of the potential factors:

  • The complexity of the case
  • The willingness of the parties to cooperate
  • The court’s caseload.

It’s important to note that the process can take longer than six months. Especially if there are significant disagreements between the parties involved. However, working with a family law attorney can help expedite the process and ensure your rights and interests are protected. An attorney can also guide options such as mediation or collaborative divorce to help resolve disputes more efficiently.

MISCONCEPTION #4: I HAVE TO GO TO COURT TO GET DIVORCED.

While some divorces may be litigated in court, alternative methods of dispute resolution are also available. These methods are used to reach a divorce settlement without the need for a court trial. Divorce Mediation is one of the most commonly used methods.

Mediation involves working with a neutral third-party mediator who can help facilitate negotiations between you and your spouse to settle. This approach includes working with your attorney, financial experts, or a mental health professional, to reach a mutually beneficial settlement. Overall, mediation can potentially be a less expensive and less time-consuming approach than going to court. 

FINAL THOUGHTS

Dealing with family law matters like divorce, child custody and parenting time can be emotionally and mentally challenging. However, having a clear understanding of the facts can make the process less daunting. If you are going through a family law issue, it’s important to consult with an experienced family law attorney. They can help guide you through the process and protect your rights.

At Masters Law Group, our award-winning attorneys and law firm have a long history of helping clients successfully navigate through various family law issues.  Our firm’s attorneys are ready to skillfully advocate for your position and provide your voice when you need it most.. 

Contact us here today.

MASTERS LAW GROUP CASE REVIEW: HAGUE CONVENTION ON CIVIL ASPECTS OF INTERNATIONAL CHILD ABDUCTION: Cyprus and California, USA

In one of our most recent Hague Convention cases, a child was wrongly removed from his residing home in Cyprus and taken to the United States. The attorneys at Masters Law Group succeeded in this landmark ruling in favor of our client.

The Hague Convention on the Civil Aspects of International Child Abduction is a crucial treaty that provides a legal framework for resolving cases of international child abduction. This convention aims to ensure the prompt return of children who have been wrongfully removed or retained from their country of habitual residence.

However, navigating these complex cases can be challenging, especially without the proper legal representation. At Masters Law Group, our team of Hague-experienced attorneys understands the intricacies of this International law treaty and can provide comprehensive support to families facing international child abduction matters.

In this recent case, the husband – represented by Masters Law Group –  filed a petition for the return of his child who was taken from his residence in Cyprus to the United States by his wife – the mother of the child.  The Hague Convention provides that a parent whose child has been wrongfully removed or retained in the United States may petition for the child’s return to his or her country of habitual residence.

CASE OVERVIEW

The ex-husband filed a petition for the return of his child, a 12 year-old who was visiting his mother in the state of California. This case arises under the International Child Abduction Remedies Act. 22 U.S.C. § 9001 et seq., which implements the Hague Convention on Civil Aspects of International Child Abduction. The Act entitles a person whose child has been wrongfully removed from his custody in another country and taken to the United States to petition in federal or state court for the return of the child.

In December 2022, the court held a five-day bench trial. The parties had stipulated that the 12-year old had been wrongfully retained under the convention. The trial focused on two affirmative defenses which were ‘grave risk’ and ‘mature child’ defenses.

CASE DETAILS

In this case, the child had lived most of his life in Cyprus. His father had full custody of him since his parents’ separation in 2014. Last summer of 2022, the minor came to the United States for a six-week visit with his mother in California. At the end of the visit, his father came to collect his son but was unsuccessful. The 12-year old has autism and had become determined not to return to Cyprus. Furthermore, his mother refused to turn him over when she was legally obliged to.

Nearly one week after the scheduled meet up went awry, the father filed a Hague Convention petition. The Court observed the 12-year old in chambers, where he answered questions from the Court and counsel for both sides without his parents present. The 12-year old was understandably subdued, but he was composed and calm through several hours of questions from strangers. That time observing the child, (after having had the benefit of testimony and reports from the experts) confirmed that he is on the Autism spectrum.

CASE RESULTS

Both the United States and Cyprus are signatories to the Hague Convention. It is implemented in the United States by the International Child Abduction Remedies Act. 22 U.S.C. §§ 9001 et seq. District courts have concurrent original jurisdiction over actions brought under ICARA. § 9003(a)–(b).

In adjudicating a petition under the Hague Convention, a court may only decide whether the child should be returned to their country of habitual residence. Both the treaty and the statute explicitly preclude courts from making a final custody determination.

The question at hand was where any further custody dispute over the child should play out, not whether living in one country or the other, or with one parent or the other, would be in his best interests.

Both parties agreed that Cyprus was his country of habitual residence at that time; and that the ex-husband was exercising his custody rights as entered by a Cypriot court. Dkt. No. 42. 

The final part of the Convention’s grave-risk exception states that a Court may decline to return a child if it would place the child in an “intolerable situation.” Convention art. 13(b). Exactly what beyond physical or psychological harm would constitute an “intolerable situation” is unclear. It was concluded the child’s life in Cyprus with his father was not intolerable.

CONCLUSION

In summary, the court granted the petition and ordered the child to return to Cyprus in the custody of his father. In addition, the Court will not impose a longer stay without agreement from both sides. As the Court is ordering the return of a child pursuant to an action under 22 U.S.C. § 9003, it is required to order the respondent to pay necessary expenses incurred by the petitioner—including legal fees and transportation costs related to the return of the child—unless the respondent establishes that such order would be clearly inappropriate. § 9007(b)(3).

READ THE FULL CASE REVIEW HERE

HAGUE CONVENTION – INTERNATIONAL CHILD ABDUCTION LAW 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.

Erin Masters and Anthony Joseph 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.

SCHEDULE A CONSULTATION

If you are faced with instituting or defending child abduction proceedings under the Hague Convention on the Civil Aspects of International Child Abduction involving the United States, work with the experienced lawyers at Masters Law Group. Contact us here today to schedule a consultation.

Co-Parenting and The Impact on Child Support

As family dynamics diversify, co-parenting is becoming increasingly popular. But this child-centered approach to parental separation has its own set of opportunities (such as consistency) and challenges (such as who is responsible for child support). Here’s what you should know. 

Co-parenting is a form of parenting relationship in which the two parents are not involved romantically with each other, but assume the joint responsibility of the child. It can be described as any two people jointly raising a minor, irrespective of whether or not they are biological parents. But, in the majority of cases, co-parenting comes after a divorce, separation or a breakup involving a child.

After divorcing (or legally separating), working with your child’s other parent may be uncomfortable to say the least. But making the effort to cooperate with your co-parent  makes things easier for everyone involved. Especially the child/children.

Navigating co-parenting is no easy feat and it can raise questions about the financial obligations of each parent. Let’s dive into the complex world of co-parenting and child support to learn more.

Co-Parenting in Illinois

In Illinois, co-parenting is commonly referred to as joint parenting. Joint parenting refers to an arrangement in which both parents share parental responsibilities and decision-making for the child. The purpose of joint parenting is to ensure that both parents remain involved in the child’s life and that the child’s best interests are always prioritized.

In order to establish joint parenting in Illinois, both parents must submit a parenting plan to the court. The parenting plan should include details about how parental responsibilities will be divided. It should also include decision-making authority, parenting time, and child support.

Child Support Orders

A child support order is determined by what is reasonable and necessary for the support of the child or children. It is presumed that the guideline support amounts represent the amount of support that is reasonable and necessary, unless it can be demonstrated to the court that circumstances exist that would make the guideline amount inappropriate.

Child support is utilized for the child or children’s expenses and looking at the best interests of the child or children to provide a stable home for the child or children. Some common expenses that are associated with child support are:

  • The child’s residence expenses such as mortgage or rent.
  • Utilities such as electricity, gas, and water.
  • The child’s educational expenses such as notebooks, pens, paper, books, sports fees, band fees, etc.
  • The child’s food expenses.
  • The child’s medical expenses. (Illinois Child Support Laws that went into effect on January 1st, 2022 requires that during child support proceedings parents must obtain or maintain health insurance coverage for their child or children.)

If you are concerned about how the court will calculate the child support amount and/or if you are concerned whether your child or children will receive the financial support they need, you should contact your trusted family law attorney.

Impact on Child Support

In Illinois, child support is calculated based on several factors. This includes each parent’s income, the number of children, and the amount of parenting time each parent has. When parents share custody in a co-parenting arrangement, child support is typically calculated differently than in cases where one parent has primary custody.

Under the Illinois Marriage and Dissolution of Marriage Act, when parents share custody, child support is calculated based on the “income shares” model. The amount of child support is calculated by determining the total cost of raising the child, and then dividing that cost between the parents based on their incomes. The amended income shares child support guidelines model became effective on January 1, 2019, signed into law as Public Act 100-0923 on August 17, 2018.

It’s important to note that in Illinois, child support obligations are not just financial. Parents who share custody in a co-parenting arrangement are also responsible for making sure their children’s emotional and physical needs are met. This includes the following:

  • Providing a stable and supportive home environment
  • Making decisions about education and healthcare
  • Facilitating communication between the child and both parents.

Co-parenting can be a rewarding and fulfilling way to raise children after a separation or divorce. However, it’s important for parents to work together to ensure that their children’s needs are being met, both financially and emotionally. If you feel your current situation and contract is unjust or incorrect, contact your family law attorney to discuss whether you are eligible for a modification of the order.

Modification of Child Support

In some cases, a parent may experience substantial changes to their financial situation that makes it challenging (or impossible) for them to pay the court-ordered amount of child support. In such cases, the parent can request a modification of the child support order.

To modify a child support obligation in Illinois, you must file a petition with the court that has jurisdiction over your case. The petition should explain the basis for the requested modification and the change in child support obligation you are seeking from the court.

Since the petition is for modifying an existing order, there is no need to have it served by a sheriff. Instead, you can serve notice of the petition through mail at the responding party’s last known address. Note that if the petition seeks additional court action besides the modification of child support, such as a change in parental time and responsibility, it must be served through certified mail at least 30 days prior to the hearing date.

It’s essential to remember that you cannot modify child support through self-help in Illinois. Even if the other party fails to comply with visitation rights, you cannot suspend child support payments without obtaining a court order.

If you find yourself in a situation where you need to modify a child support order, it’s always best to consult with a family lawyer.

How We Can Help

The options that come with parenting children after divorce or separation have drastically changed in recent decades. While it can be a blessing to many families who have separated on civil terms, it can be hard to navigate when animosity is present.

At Masters Law Group, we understand the laws and the court process inside and out, giving us the necessary knowledge and experience to ensure that your child is properly provided for.

For experienced legal help with your child support orders, parenting time, and more, contact us today to set up a complimentary consultation.