Adopting a child can be a complex process, but when the adoptive parents and the child reside in different states, a layer of complexity is added. These adoptions are known as interstate adoptions and are controlled by the Interstate Compact on the Placement of Children (ICPC) federal statute.
Understanding the ICPC
The ICPC was established to ensure the protection and well-being of children who are placed in foster homes, adoptive homes and other childcare facilities across state lines. This law has been enacted by all 50 states, the District of Columbia and the United States Virgin Islands with a primary objective…
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During a divorce or parentage proceeding in Illinois, a child support order is often established to ensure the well-being of the child. As financial situations may evolve over the years, many individuals find themselves seeking modifications to Court Ordered child support  to ensure that the child’s needs continue to be adequately met. Kogut & Wilson explores the various circumstances under which modifications may be considered.
Substantial Change in Circumstances                                 
In many proceedings, child support orders may be modified if a requesting parent can demonstrate a significant change in circumstances since the previous support order. The court will evaluate various factors…
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Maintenance, formally known as alimony or spousal support, is a common element of a divorce settlement.  While maintenance could take several forms, the most common form is a monthly financial award paid by a higher income spouse to a lower income spouse. The maintenance award is based on the circumstances of both spouses at the time of the divorce, most importantly, the income of both parties.  However, it is common for the circumstances of one or both people to change after an order or judgment has been reached. As such, maintenance modification can be allowed by a judge if a…
Continue Reading Process of Maintenance Modification in Illinois

Special Immigrant Juvenile Status (SIJS) is an immigration classification that can provide a path to lawful permanent residence or even citizenship in the United States. While life-changing, there are many uncertainties and misconceptions surrounding the process, making the method seem out of reach for those in need.

Popularity of SIJS in the US

The SIJS application process has been increasing in popularity over the last few years as changes to various statutes have expanded availability. These expansions include:

• Codification of SIJS specific language within the
  • Illinois Marriage and Dissolution of Marriage Act
  • Probate Act
  • Adoption Act
• Expansion of jurisdiction for

…
Continue Reading Special Immigrant Juvenile Status Qualifications for Young Adults

Kogut & Wilson partner Bryan J. Wilson has been appointed to serve another term as a member on the Illinois State Bar Association (ISBA) Standing Committee on Legislation for 2023-2024.
The Legislation Committee serves members by monitoring legislation introduced in the Illinois General Assembly. Legislation affecting the profession and the administration of justice is referred to interested sections and committees for their comments. Based on this review, the ISBA may support, oppose or suggest amendatory language to legislation. The ISBA also proposes legislation for introduction that has been suggested by its sections or committees and monitors federal legislation.
Founded in…
Continue Reading Bryan J. Wilson Reappointed to ISBA Standing Committee on Legislation in 2023

When the time comes to decide where their children will attend school, many parents may question the quality of public education and turn to private schools. It is no secret that private schools can be costly, so it is important for divorced parents to know who can decide if their children will attend a private school, and in the event a decision is made, who will be financially responsible.
Which Parent Decides if Children Can Enroll?
If a divorce has been finalized, the Allocation of Parental Responsibilities outlines who has the authority to make decisions on education or if this…
Continue Reading Enrolling Children in Private School When Divorced

Second parent adoption allows a non-biological parent to gain the same rights as a biological parent. Following the United States Supreme Court decision in Dobbs in  June 2022, discussions surrounding second parent adoption have increased, as many same sex couples are concerned additional landmark Supreme Court cases affecting their parental rights may be overturned.
What is Second Parent Adoption?
In a second parent adoption, a second adult establishes themselves as a legal parent of a child.  In the case of a LGBTQ+ couple, this often takes the form of a spouse adopting:

• The child born biologically to their partner during

…
Continue Reading Second Parent Adoption Following the Reversal of Roe v. Wade

Unique circumstances and needs make each adoption different. In some cases, adult adoption might be the most viable option to bring a family together. This process has slightly different requirements and results than other adoption cases. The state of Illinois allows adult adoption for a variety of reasons, including extra care provisions, the formal establishment of existing relationships and more.
What is Adult Adoption?
Adult adoption establishes a new legal relationship between the adult in question and the adoptive parent or parents. This process also officially terminates the legal parental relationship between the adult and their previous legal parent or…
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Effective December 1, 2022, the Circuit Court of Cook County has once again appointed Cailee J. Alderman as a Guardian ad Litem (GAL) for adoption cases for a two-year term, demonstrating the firm’s commitment to the family law field.
Cailee continues to utilize her extensive background in adoption matters to represent the best interests of children throughout their cases. Her responsibilities as a GAL include:

• Investigating aspects of the case
• Interviewing children and additional parties
• Providing recommendations to produce the best possible outcome for the children involved

To become a GAL, the Circuit Court of Cook County requires individuals to…
Continue Reading Cailee J. Alderman Reinstalled as Guardian ad Litem for Adoption Cases by Circuit Court of Cook County

There are many circumstances in which a guardianship may be necessary. This may occur when the biological parents are not able to care for their child or are absent for a long period of time. Opting to become a guardian for a child is a major life decision that deserves careful consideration, but help may be available. It is important to understand the process and legalities surrounding this choice.
Adoption vs. Guardianship
There are a few key differences between adoption and guardianship. When adopting a child, the biological parents’ parental rights are permanently terminated. In a guardianship, however, the child’s…
Continue Reading How to Become a Guardian for a Minor Child in Illinois