Blog Authors

Latest from Foray Law Blog

In Illinois, the presumption is that it is in the child’s best interest to have some type of relationship with both parents. In general, courts want to keep both parents involved in their children’s lives. In the vast majority of child custody cases, both parents will be granted some parenting time and some share of the parental responsibilities. However, there are outlier cases where one parent is so harmful or dangerous to their children that allowing them to spend any time at all together is simply not in the children’s best interests. In these cases, it may be possible for
Continue Reading Could I Get Sole Custody of My Children?

It is often said that around 50 percent of all marriages end in divorce. The actual statistics are unknown, but even if the divorce rate is not that high, the fact remains that a significant percentage of marriages do not last. For those who are planning to get married or who are in a happy relationship, divorce may not seem to be likely. However, it can be a good idea to consider the possibility that a relationship will end, and by making decisions ahead of time through a prenuptial or postnuptial agreement, a couple can help avoid conflict
Continue Reading What Are the Benefits of a Prenuptial or Postnuptial Agreement?

There is a mass incarceration crisis in America. Our country has a higher percentage of people in jail or prison than any other country in the world. Fully one out of five incarcerated individuals in the world is in an American correctional facility. Many of these inmates are parents. Having legal problems does not make someone a bad or harmful parent. Often, it remains in the best interests of the child to have the incarcerated parent be part of their life as much as possible. However, there is a limit to how much parenting time one can have while they
Continue Reading How Incarceration Affects Child Custody

Being a single parent can be extremely difficult. Your child’s needs do not decrease just because they only have one parent to care for them and provide for them. In Illinois, children have the right to be supported financially by both of their parents. This typically takes the form of child support payments. One problem that many single mothers face is that the father of their child refuses to acknowledge that he is indeed the child’s other parent. This can create a roadblock, but with the help of a skilled attorney, it is often a very surmountable roadblock.

Even if
Continue Reading Can I Get Child Support When the Father Denies Paternity?

Illinois law presumes that both a child’s parents are safe and capable of caring for their children. However, there are situations in which a parent’s rights may be limited or even eliminated. If there are concerns about a child’s safety with a parent, the court has the authority to impose certain restrictions on parenting time. If you are an unmarried or divorced parent, it is important to understand how and when parenting time restrictions are implemented.
Illinois Courts Impose Parenting Time Restrictions on a Case-by-Case Basis
Illinois law describes parenting duties in terms of “parental responsibilities,” meaning decision-making authority
Continue Reading What Illinois Parents Need to Know About Parenting Time Restrictions

Domestic violence can happen to anyone. Domestic abuse reflects negatively only on the abuser, never the victim. You might feel trapped in your marriage or relationship because you share children with the abuser, or you are married to them, or even because they have taken steps to unlawfully restrict your liberty. Others feel they have to stay because they are financially dependent on the abuser. Whatever is keeping you trapped in your dangerous relationship, there is a way out. If you are one of the millions of people who will experience violence at home this year, there are steps a
Continue Reading Family Law Information for Domestic Violence Victims

There are a variety of financial issues that will need to be addressed during a divorce, including determining how to divide the property a couple owns between the two spouses. However, during the property division process, a couple will also need to consider the debts they owe. Just like the assets a couple owns, the amounts that are owed to creditors will need to be allocated between the spouses. However, it is important to understand how different types of debts may be handled, as well as the factors that may complicate things during or after a divorce.
Division of
Continue Reading How Are Different Types of Debt Divided in a Couple’s Divorce?

Getting a divorce can lead to significant financial difficulties for both parties. In addition to addressing the costs of the divorce process itself, each spouse will need to make adjustments as they shift away from combining their incomes and expenses and establish new living arrangements where they will each use their separate incomes to cover their ongoing costs. In some cases, spousal support (which is known as spousal maintenance in Illinois) may be needed to ensure that a spouse will be able to support themselves. While this form of support is not a factor in every divorce, it may be
Continue Reading When Can Spousal Support Be Modified After a Divorce?

When addressing issues related to child custody, parents will need to consider multiple different factors. While matters related to children will be a key consideration for parents who are going through a divorce, unmarried couples may also need to determine how they will handle child-related issues in the event of a breakup or any other situation where a child’s parents are not living together as partners. Decisions involving child custody will be set down in a legally-binding document known as a parenting plan or parenting agreement. While much of the focus of a parenting plan will be on
Continue Reading Is the Right of First Refusal Required in an Illinois Parenting Plan?

Issues related to children can be difficult to resolve in family law cases, including situations where married couples choose to get a divorce or where unmarried parents will be ending their relationship. Child custody cases will typically address two separate issues. While the allocation of parental responsibilities (sometimes referred to as “legal custody”) covers parents’ rights to make decisions about how their children will be raised, parenting time (also known as “physical custody”) will address where children will live and whether they will spend most of their time with one parent while having visitation time with the other parent. When
Continue Reading 4 Things to Consider When Addressing Parenting Time in a Family Law Case

Getting a divorce will involve a variety of complex financial issues. During the property division process, a couple will need to evaluate all of their assets and debts and determine how they will be allocated between the spouses. While the physical items a couple owns will be a big part of this process, ownership of financial assets will also need to be addressed. In recent years, cryptocurrencies such as Bitcoin have become an issue that is more and more common in divorce cases, and spouses who own these types of assets will need to understand the role that they may
Continue Reading When Can Cryptocurrency Be a Factor in Divorce Proceedings?

As American and global culture has changed in recent years, more and more people are recognizing that families come in many different forms. In many cases, same-sex, transgender, and non-binary parents play the same role as those in “traditional” opposite-sex couples, including working together to raise children. Because the U.S. Supreme Court has recognized marriage equality, LGBTQ couples have the right to be legally married, and they also have the right to terminate a marriage through divorce. However, if a couple has children, they may encounter some unique concerns as they address issues related to child custody, and
Continue Reading How Can LGBTQ Parents Protect Their Rights to Child Custody?

In cases where married parents get divorced or an unmarried couple with children is no longer together, child support is often necessary to ensure that the couple’s children will have the necessary financial resources. Determining how to calculate child support can sometimes be a complex process, and if either parent has children from another relationship, the parents may be unsure about how this will factor into the calculations. By understanding how Illinois law addresses these situations, parents can make sure child support orders will provide for their children’s needs while ensuring that they will be able to support themselves.
Child
Continue Reading How Is Child Support Calculated if a Parent Has Multiple Families?

In a perfect world, all divorcing spouses would be financially stable and able to exit their marriages with comfort and ease. In real life, unfortunately, this is not always possible. Challenges finding suitable employment, disabilities, and transportation issues can all make finding and keeping a good job difficult. Individuals who are unemployed can still get divorced in Illinois, but it helps to be aware of how unemployment may affect the divorce process.
Are You Voluntarily or Involuntarily Unemployed?
If you have been laid off, furloughed, or fired but are trying to find a job, you will probably be considered involuntarily
Continue Reading How Does a Divorce in Illinois Change If I Am Unemployed?

As research about mental health and effective treatment options continue to develop, mental illness has become much better understood and far less stigmatized. However, an important part of living well with mental illness is managing it properly. When a parent has a mental illness that is not addressed, he or she may be unable to care for their children. In serious situations, a parent with mental illness can even pose a risk to a child’s health and well-being. If you share parental responsibilities in Illinois and have seen your child’s other parent act in ways that are cause for concern,
Continue Reading Are You Afraid Your Child’s Other Parent’s Mental Health Is Endangering Your Children?

An important part of any divorce involving children is a parenting plan. Parenting plans are part of the final divorce decree and, as such, are legally binding. They cannot be modified without court approval and parents who fail to abide by the terms of their parenting plan can find themselves facing court sanctions and loss of parental privileges. Sometimes, however, life changes, and under certain circumstances, parents can successfully petition an Illinois court to change the parenting plan to an arrangement that makes more sense for their family. If you want to petition for a modification of your parenting plan,
Continue Reading Can I Petition to Modify My Illinois Parenting Plan if It Is Unfair?