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What Does a Family Law Attorney Cover?

Most people will use the terms “Family Law” and “Divorce Lawyer” interchangeably with each other.  The truth, however, is that Divorce Law is only one aspect of Family Law. 

What is family law and what do family lawyers do? Family law is a legal practice area that focuses on issues involving family relationships, such as adoption, divorce, and child custody, among others. Therefore, family law attorneys are legal professionals that specialize in these specific matters. Family lawyers can also act as mediators when family disagreements develop and represent litigants in family conflicts that end up in courts.

Below are some of the things that an experienced and reputable family law attorney can do for you.

Child Custody/Child Support agreements

In the hardest of times when a couple separates, one of the most challenging problems to solve is children.

Court orders and settlement agreements involving both custody and support usually are included in the larger divorce case, but may be revisited as conditions change. For instance, child support may be altered after the non-custodial parent’s financial situation changes.

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.

Divorce and Divorce Mediation

Undergoing a divorce is probably one of the most draining experiences that a family can face, and divorce cases involving substantial assets or complex estates require specialized knowledge. A good divorce attorney is skilled at dividing marital property, calculating spousal support, and proposing a plan for child custody, visitation, and support (if applicable).

Attorneys can also cover divorce mediation. Divorce Mediators work with a couples involved in family break-ups to make arrangements, either to plan for a separation or divorce, or after the split has taken place, without the need for court intervention.

Domestic Violence Protection

Domestic violence is described as abusive behavior when a family or household member uses physical or mental maltreatment toward another family or household member. The IDVA uses the following terms as abuse:

1. Physical abuse
2. Harassment
3. Intimidation of a dependent
4. Interference with personal liberty
5. Willful deprivation
6. Exploitation
7. Stalking

An Order of Protection is a court order made in writing which prohibits, by law, further abusive behavior.

Who are persons considered to be family or household members?
The IDVA defines members to include:

1. A spouse
2. Ex-spouse
3. Girlfriend/boyfriend who have or have had a dating or engagement relationship
4. Parents
5. Children
6. Stepchildren
7. Significant other/partner
8. Persons who share or allege to have a blood relationship through a child
9. Persons who live together or formerly lived together
10. Persons with disabilities and their personal assistants

International Child Abduction (Hague Convention)

Although not a common practice for most family lawyers, some specific attorneys have the knowledge, experience and skills in Hague Convention cases to take on international parental child abduction cases. 

The Hague Convention is a treaty that many countries, including the United States, have joined. Its purpose is to protect children from the harmful effects of international abduction by a parent. Proving claims in international child abduction cases under the Hague Abduction Convention requires analysis and careful development of all evidence and testimony that may support or defeat defenses to claims of wrongful abduction or retention. Therefore, choosing an attorney who has extensive experience in cases involving international child custody disputes is vital.

Reasons to Hire a Family Law Attorney

Now that you know what a family law attorney is, you’re probably wondering how hiring legal representation in your family law case would benefit you. Here are the major benefits that come with hiring a family lawyer.

Legal Protection

How realistic are the claims coming from the other party? Can the other party actually receive what they’re stating they’ll receive? A family law attorney knows the law, as well as the outcomes of past verdicts, and can use that knowledge to help you receive the best possible outcome.

Legal 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. By hiring a family law attorney, you can rest assured the t’s crossed and i’s dotted. Consequently, you will not have to sweat about your case being thrown out as early as possible.

Court Experience

If a case goes to court, experienced attorneys can make sure that their client is prepared for everything that is going to happen when they enter the courtroom 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.

Last Words

There are areas of Family Law that involve people who are involved in Civil Unions, Domestic Partnerships, and same-sex relationships.  As a Chicago-based Family Law practice, we can ensure that the appropriate contracts and agreements are in place to help to avoid any issues in the future.

If you are facing a family law issue, contact the family law attorneys at Masters Law Group. Our 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.

What Should You Include in Your Illinois Parenting Plan?

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

It’s a good idea for a parenting plan to have a system in place for how disputes should be handled if the situation arises, and a way in which parents can periodically review and make necessary changes to the plan. The plan may also include other provisions or information intended to help both parents understand and abide by the shared responsibilities in raising the child or children.

What to include in your plan:

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

When filing one plan, both parents must sign the plan indicating they agree on all the terms of the document. If parents do not agree, they must file separate plans. The court will look at each detail of both plans to determine what’s in the best interest of the child or children. 

Important things to know about Parenting Plans:

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

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

If either parent does not follow the order, they are breaking the law and can be taken to court. The purpose of a court order for parental responsibilities is to protect both parents’ rights when it comes to the care and decision-making responsibilities of the child.

Allocation of Parental Responsibilities

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

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

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

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

Parenting planning of your child can be a very emotional law topic. It can become complicated and require much interaction between the parents and the court. It’s in your best interests to hire an experienced attorney if you need assistance with parental planning issues.

Hiring Legal Help

Hiring an attorney highly experienced in family law will help you understand your legal options and create a plan for what comes next. Masters Law Group LLC focuses on helping clients assert their rights to further the best interests of their children. We help clients put aside their grief and educate them about their options in child allocation of parental responsibilities.

We represent individuals in both their initial quest to set a parenting time schedule, as well as parents looking to modify a previously determined schedule. If you require a review of your current parenting time schedule or parenting plan, contact us here today to schedule a consultation.

 

Helpful Actions for Children While Going Through a Divorce

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

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

Breaking the News

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

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

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

Avoid the Blame Game

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

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

Expect the Unexpected

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

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

Be prepared to answer these possible questions:

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

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

Helping Children Cope

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

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

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

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

Adjusting to a New Life

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

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

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

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Masters Law Group – Experienced Divorce and Family Law Attorneys

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

Masters Law Group understands that divorce is a stressful situation for everyone involved. As such, we move through settlement negotiations, mediation or litigation with our clients assurance and well being in mind. Whether you are facing a contested divorce, uncontested divorce, or civil union divorce, our firm’s attorneys are ready to skillfully advocate for your position and provide your voice when you need it most.

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

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

Making a Parenting Plan for Thanksgiving

If this is your first Thanksgiving as a divorced or separated parent, there could be a lot of confusion wondering how to create a fair parenting plan. If the holiday periods haven’t been defined in the custodial arrangements yet, make sure that you are creating a plan that is fair and takes the best interest of the children into consideration.

This year, Thanksgiving falls on Thursday November 26th. A time designed for family gatherings, it’s a tough spot for many recently-divorced or separated parents.

Because Thanksgiving and Thanksgiving weekend are times when both parents want to be with the child or children, you want to make solid arrangements for this holiday in your holiday schedule. The obvious answer is to divide up the holidays, but it’s often hard to imagine how the holidays could be split in a way that feels fair to everyone. Let’s take a look at some of the options for splitting custody for Thanksgiving and other important holidays.

Alternating Holidays

For many parents, it makes sense to take an odd/even approach to the holiday season. For example, one parent could have the child/children for Thanksgiving on odd years, but Christmas for even years. The other parent would have the children for Thanksgiving on odd years and Christmas on even years. This way, each parent has their children for some of the big holidays every year, and they never go more than one year without their child for any given holiday.

Fixed Holidays

An an alternative choice by parents during the holidays is a fixed holiday schedule. This takes a more simple approach of assigning a certain holiday, every year, to a certain parent. While this could cause some form of conflict for those to want to alternate the holidays, it works well for separated couples with different religions. For example, if one parent is Jewish, they will have the child(ren) over Hanukkah, and if the other parent Christian, they will have the child(ren) over the Christmas holidays. However, this does leave holidays like Thanksgiving up for debate where individuals of almost every religion celebrate throughout the United States.

Split Holidays

Split holidays are a great idea if both parents live close together as the child(ren) can spend Thanksgiving (or any holiday) with BOTH parents at different locations. The only thing to decide upon is the time. For example, one parent can have custody the day prior and the first half of Thanksgiving day, then the other parent has custody the second half of the Thanksgiving and the following day. For obvious reasons, if the parents’ homes or holiday celebrations are too far apart, it can get more complicated.

Double Holidays

Finally, some parents may choose to run “double holidays” where they both have a day of celebrations, just on different days. Parents can simply let the custody schedule play out as is, letting whichever parent would normally have the child on the official holiday date celebrate that day, and the other parent can celebrate with the child on their next scheduled visit. Alternatively, parents can designate a date for the second holiday – one parent celebrates Thanksgiving on the 26th and the other celebrates on the 30th. In this scenario, parents could alternate years so that they each get the official holiday every other year.

Final Thoughts

The prospect of formulating a custody calendar is a daunting task for many recently divorced or separated parents.  Working directly with your co-parent to create your joint custody schedule and holiday custody plan is a great way to keep the peace. Your schedule will be unique to your family dynamic and must be sensitive to each of your personal schedules, but most importantly, putting the welfare of the children should always come first and foremost.

Parenting Time Rights with Masters Law Group

From allocation of parental responsibilities to legal separation matters and parenting time rights, Masters Law Group focuses on helping clients assert their rights to further the best interests of their children.

We understand parenting time of your child is a very emotional law topic, especially during the holidays. Masters Law Group represents individuals in both their initial quest to set a parenting time schedule, as well as parents looking to modify a previously determined schedule. Are you facing a family law issue involving the children? Contact us here today to schedule a consultation.