Illinois law presumes that both parties in a divorce are fit parents, allowing them an equal right to the allocation of parental responsibilities. The parenting time and decision-making may not be evenly split between the parents, but the divorce settlement will give reasonable responsibilities to each side. However, a court can limit or deny a parent’s responsibilities if it determines the parent is a threat to the child. Unfit parents may be required to use supervised visits to see their children.
At Calabrese Associates, P.C., our Naperville, IL child custody lawyer can provide you with clear legal advice. Attorney
Continue Reading Unfit Parent Claim Can Restrict Visits
Calabrese Associates Blogs
Latest from Calabrese Associates
What It Costs to Keep Your Marital Home During Divorce
Many divorcees prioritize owning their marital home as part of their divorce agreement. There are advantages beyond an emotional attachment to your house. You may have invested money into making the home that you want. Finding a new home will take time and be costly. There is stability in continuing to live in the same home for yourself and your children. However, it can be expensive to keep your house in your divorce agreement. Your spouse is a co-owner of the house, and you will need to buy them out in order to be the sole owner.
At Calabrese Associates,
Continue Reading What It Costs to Keep Your Marital Home During Divorce
Paternity When the Husband Is Not the Biological Father
When a child is conceived or born while a woman is married, Illinois law presumes that the husband is the legal father of the child. In some cases, the husband is not the biological father, possibly because of adultery or a relationship prior to the marriage. If you are the presumed father of a child that is not yours, you may want to free yourself of any financial obligation to the child. Getting divorced will not change presumed paternity, but there are legal processes to establish the biological father as the parent.
At Calabrese Associates, P.C., we understand how
Continue Reading Paternity When the Husband Is Not the Biological Father
Parenting Plans Should Be Specific, Yet Flexible
When it comes to a document as important as a parenting plan, you want to avoid vague language and unanswered questions. A weak parenting plan can create conflict between the co-parents, which may also harm the children.
Your parenting plan can be as specific as you need to prevent your co-parent from interpreting it differently. However, the plan should also be flexible so that you can respond to unusual circumstances with practical solutions. A good parenting plan thoroughly addresses all of the known issues that are involved in co-parenting while allowing flexibility to adjust to unforeseen issues.
At Calabrese
Continue Reading Parenting Plans Should Be Specific, Yet Flexible
How to Shield Your Business From a Potential Divorce
There can be a fine line between financial success and failure when running a business. A young business may not be able to survive an unexpected loss of revenue, and even an established business may suffer a setback. Most business owners do not consider divorce when guarding their business against risks, but your business will get caught up in your divorce if the business is marital property. You may be forced to choose between giving up part of your business to your spouse or paying them off with other assets.
By planning ahead, you may be able to protect your
Continue Reading How to Shield Your Business From a Potential Divorce
What Are the Legal Rights of Unmarried Parents?
If you and your co-parent never married, you may have some questions about your rights and responsibilities. Depending on your situation, you may have to take extra steps to make sure that you have a say in child custody and child support matters. A Naperville, IL family law attorney can advise you in these matters, making sure you have a voice regardless of your marital status.
At Calabrese Associates, P.C., we know just how complicated family law can be for unmarried parents. When you work with our firm, you will receive individual attention and legal advice from our solo
Continue Reading What Are the Legal Rights of Unmarried Parents?
What If My Spouse Refuses to Sign Divorce Papers?
Filing for divorce often comes with strong emotions from both sides. These feelings are natural and expected. However, if your spouse refuses to sign divorce papers, you may feel as if you’ve reached a dead end. In cases like these, seeking out a lawyer is highly advisable.
At Calabrese Associates, P.C., our DuPage County, IL family law attorney can help you determine your next move. We have experience handling divorces with uncooperative spouses, and we can take action to keep the legal proceedings moving. Attorney Michael Calabrese has over 30 years of legal experience, giving him a rich perspective
Continue Reading What If My Spouse Refuses to Sign Divorce Papers?
What Happens if My Ex Stops Paying Child Support in Illinois?
Court-ordered child support is not optional in Illinois. It is a legal obligation designed to make sure both parents help meet a child’s needs. If your ex has fallen behind on payments, there are ways to enforce the child support order and collect what is owed. Our knowledgeable DuPage County, IL child support lawyer can guide you through your options and help you navigate the process.
What Should I Do First if My Ex Stops Paying Child Support?
If your ex has stopped paying child support, start by reviewing your court order to confirm the payment amount and schedule. Check
Continue Reading What Happens if My Ex Stops Paying Child Support in Illinois?
Can You Really Write Your Own Child Custody Agreement?
In Illinois, you can write your own child custody agreement, called a parenting plan. However, you have to follow state law if you want a judge to approve it. Writing your own plan means that you have more control over the process and your family’s future. It can also help you avoid long, stressful court battles. If you do not understand what the law requires, it is easy to make mistakes that can delay or block approval. Our Naperville, IL child custody lawyer can help you create an agreement that serves your child’s best interests and meets all the
Continue Reading Can You Really Write Your Own Child Custody Agreement?
Can My Kids and I Keep My Married Name After Divorce?
In Illinois, you can keep your married name after divorce, and your children’s last names will stay the same unless a court orders otherwise. Some parents choose to return to a maiden name, while others keep their married name so they share a last name with their children. If you have questions about this or any other aspect of ending your marriage, a Naperville, IL divorce lawyer can offer advice and service rooted in experience.
Why Do Some Parents Choose To Keep Their Married Name After Divorce?
The most common reason parents keep a married name after divorce is
Continue Reading Can My Kids and I Keep My Married Name After Divorce?
Can We Both Stay in the House Until the Divorce is Final?
When divorce begins, one of the first concerns many couples face is where they will live. Sharing the marital home until the court finalizes the divorce is a common consideration. Many couples remain in the same household until there is a final judgment, either by choice or financial necessity. However, questions often arise about legal rights, financial obligations, and how living together might affect property division or parenting.
Every case is different, and these issues can be confusing and stressful to navigate. Speaking with an experienced Naperville, IL divorce attorney can provide clarity and help you make informed decisions about
Continue Reading Can We Both Stay in the House Until the Divorce is Final?
Will I Lose My Inheritance During an Illinois Divorce?
Going through a divorce in Illinois raises serious concerns about how property will be divided. If you received an inheritance before or during your marriage, you might be wondering whether your spouse is entitled to it. There is not always a simple answer. The way you handle inherited money or assets during the marriage can change how the court views it, but a DuPage County, IL divorce lawyer can help you protect what is rightfully yours.
Is Inheritance Considered Separate Property in Illinois?
Under Illinois law, property received by inheritance is usually treated as non-marital property, even if it
Continue Reading Will I Lose My Inheritance During an Illinois Divorce?
What if My Ex Is Not Following Our Illinois Custody Order?
When one parent does not follow the terms of a court-approved parenting plan, it can create serious problems for both the child and the other parent. Whether your ex is refusing visitation, not returning your child on time, or making decisions without your input, this behavior can violate the parental responsibilities order, commonly known as a custody order, and affect your parental rights. A Naperville, IL parental responsibilities lawyer can help you understand your legal options for righting this wrong.
Legal Options for Custody Enforcement in Illinois
Illinois courts expect both parents to follow parenting plans as ordered. When one
Continue Reading What if My Ex Is Not Following Our Illinois Custody Order?
What Are the Penalties for Withholding Visitation in Illinois?
Parents who defy a court-ordered parenting time agreement and refuse to let the other parent see their child can face serious consequences under Illinois law. Withholding visitation, known as parenting time in Illinois, does not just strain family relationships. It can result in legal penalties that affect a parent’s rights. Understanding these penalties is important for any parent navigating custody disputes. A Naperville, IL child custody attorney can help you protect your parenting time and explain your rights.
Is It a Crime To Deny Parenting Time in Illinois?
Section 607.5 of the Illinois Marriage and Dissolution of Marriage Act addresses
Continue Reading What Are the Penalties for Withholding Visitation in Illinois?
How Do Postnuptial Agreements Work in Illinois?
Handling financial matters during marriage can be complex. Couples often seek ways to protect their assets and plan for the future. A Naperville, IL postnuptial agreement lawyer can help you understand how a postnuptial agreement, also known as a postnup, works under Illinois law. Signing a postnup does not indicate that you think your marriage will fail. It is just a contract between two financially responsible adults.
What Conditions Can Be Included in a Postnuptial Agreement in Illinois?
Like a prenuptial agreement, a postnuptial agreement defines how property and maintenance are handled during divorce. The primary difference is that
Continue Reading How Do Postnuptial Agreements Work in Illinois?
What Is the Difference Between Custody and Guardianship in Illinois?
Custody and guardianship are two distinct paths to caring for a minor child. However, someone can have guardianship over an adult as well. These terms are sometimes confused, but they serve different purposes and follow different legal procedures in Illinois. If you are seeking clarity, a Naperville, IL guardianship attorney can guide you through which legal option best serves the child’s needs and your role in their life.
How Does Illinois Law Define “Parental Responsibilities”?
In Illinois, the term “custody” has been replaced with “parental responsibilities” under statute 750 ILCS 5/600. The law focuses on two areas: decision-making authority
Continue Reading What Is the Difference Between Custody and Guardianship in Illinois?