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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…
Continue Reading Adult Adoption in Illinois

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

Kogut & Wilson proudly announces Sara Riddick has joined the firm as an associate, focusing her practice in family and matrimonial law and expanding our team of compassionate, experienced attorneys.
Sara provides clients with honest, empathetic and thoughtful advice to best fit their needs. She first served Kogut & Wilson as a law clerk, gaining a substantial understanding of the field by working closely with the firm’s attorneys and clients. Through this experience, Sara familiarized herself with the firm, learning how to develop individualized plans that benefit each individual and family.
Prior to her law clerk experience with the firm,…
Continue Reading Kogut & Wilson Expands Roster with the Addition of Sara Riddick

When a family or individual decides it’s time to have children, an increasing amount of people have opted to utilize third-party reproduction methods including surrogacy and egg donations.
With these methods comes a unique set of challenges, with separate legal regulations and requirements, that individuals considering these options need to assess.
Surrogacy
Surrogacy is the term for an arrangement between a surrogate — an individual who agrees to carry the child — and the intended parent(s). In these arrangements, the surrogate agrees to give birth to a child for another individual or couple and agrees to surrender the child at…
Continue Reading Considering Surrogacy or Genetical Material Donation? Laws and Regulations to Know When Opting for Third-Party Reproduction

It takes a village a raise a child, but sometimes even a village doesn’t feel like enough support. For parents already struggling to communicate effectively, making decisions regarding their child or children can become even more overwhelming.
Parenting coordinators are individuals appointed by a court or by agreement of the parents to support successful communication, resolve conflicts between parents and assist in decision-making for the child’s best interests.
What is a Parenting Coordinator’s Role?
The parenting coordinator can be a mental health professional, attorney or an individual that has met the qualifications of a mediator with Family Mediation Services
They…
Continue Reading Solving Conflict Through Parenting Coordinators

In a courtroom, the judge plays a vital role in ensuring all actions follow procedures established by law and is responsible for determining the outcome of a case, especially in family matters where a jury is not present.

Given the important nature of a judge, clients have the right to ask for a change of judge if certain conditions are met, including:

  • A conflict of interest
  • As a matter of right, or
  • For cause

Conflict of Interest
The court may grant a substitution of judge if a conflict of interest exists. This situation may arise if the party feels there…
Continue Reading Can Families Request a Different Judge in Illinois Divorce and Family Law Cases?

As the holidays quickly approach, now is a great time to address and solidify holiday travel plans and parenting time schedules to minimize potential conflict before it’s too late.
What is a Holiday Visitation Schedule?
When both co-parents want to spend time with their children over the holidays, it is important to create a holiday visitation schedule. This schedule, usually agreed upon by both parents, allocates parenting time with each parent during the holidays. There are various forms that these visitation schedules can take, such as alternating major holidays year to year or allowing for out-of-state travel during certain holidays. Courts…
Continue Reading It’s Never Too Early: Addressing Holiday Plans with Your Co-Parent

Adoption is an opportunity for individuals to create a permanent family without a biological connection. Though every adoption is different, some biological families may wish to maintain contact with their adopted child, grandchild or relative even after an adoption has finalized.
What is an Open Adoption?
Open adoption are ones in which the biological and adoptive families agree to continuing contact post-adoption. The type of contact varies depending on each adoption but can include:

  • Yearly updates and/or photos provided to the biological parents
  • Limited video or in-person visits, like yearly or during holidays
  • Video or in-person visits on a consistent

…
Continue Reading Can Biological Families Maintain Contact with an Adopted Relative Post-Adoption?

With the divorce rate near 50%, more couples are choosing to cohabitate before marriage or in place thereof for various reasons. Some opt to live together to “test drive” what marriage would be like while others cohabitate because they believe that such an arrangement would allow them to avoid certain responsibilities or financial burdens that may come with marriage.
Whatever the case may be, those who cohabitate should consider forming a cohabitation agreement to protect themselves and their possessions.
What is a Cohabitation Agreement?
A cohabitation agreement is a contract between two unmarried parties who live in the same household…
Continue Reading Living Together Without Being Married? How Cohabitation Agreements Can Protect Assets

Children deserve to grow up in a nurturing environment, but a safe and stable home is not always a possibility with their legal parents. Foster care offers individuals and families looking to adopt the opportunity to provide a temporary solution for children and young adults in need that may lead to a permanent adoption.
Illinois Foster Care System
Foster care involves individuals and families providing a home to children who are unable to find safety, security and love in their current environment. Although beginning as a temporary solution with the goal of familial reunification, foster care can also serve as…
Continue Reading Fostering Environments of Love through Foster Care Adoption

Summer vacation – a time for fun in the sun, relaxation and trips with the family but potential disagreements may arise among co-parents with regards to travel. What should parents do when they disagree in this situation?
Review the Parenting Agreement
Many parents incorporate a vacation and travel provision in their parenting agreement if one is already in place. Before a divorced parent decides to travel with their child, they should check their parenting agreement to see what it says about travel and vacation time with their child.
If the travel plans contradict the parenting agreement, it is important to…
Continue Reading Addressing Summer Travel Plans and Disagreements Between Co-Parents

Many parents relocate their families over the summer – often from the city to the suburbs – as to not disrupt their children’s school year. Co-parents may not realize their parenting agreement has specific provisions about where and when they move.
Illinois Marriage and Dissolution of Marriage Act
The Illinois Marriage and Dissolution of Marriage Act mandates that if the parent with the majority parenting time or equal parenting time wishes to relocate with the children, he or she must give the other parent at least 60 days written notice if the move is more than 25 miles from their…
Continue Reading Co-Parents Should Consider These Aspects Before Their Summer Move

Adoption can seem daunting but the comfort of adopting a family member can make the process more reassuring. While not applicable to all adopting individuals, relative adoption offers the opportunity to establish a permanent family without breaking familial ties.

What is Relative Adoption?

Relative adoption involves the adoption of a minor child by an immediate relative, including:

  • Grandparents
  • Aunts, uncles or cousins
  • Step-family members

As adoption is permanent, moving forward requires the voluntary or court-ordered termination of the legal parents’ parental rights, even if the child remains in the family. Legal guardianship presents an alternative to relative adoption for families…
Continue Reading Maintaining Family Ties with Relative Adoption