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If you receive a notification involving child abuse allegations from the Illinois Department of Children and Family Services (DCFS), it is important to understand your options if you want to contest the claims. The DCFS is entrusted with the protection of children and the agency takes investigations seriously, but you do have rights under the law. A DuPage County DCFS defense lawyer can provide more detail about your specific situation; however, answers to the more common questions may be useful.
What is a Notice of Indicated Finding?
Any person who comes into contact with your child may file a report with DCFS if he or she believes there has been abuse or neglect. The DCFS immediately begins an investigation into the allegations and will enter an “indicated finding” if there is credible evidence of abuse. You will receive a notification of an indicated finding and the information will also be reported to the State Central Register, where it will remain for anywhere from five to 50 years depending on the circumstances.
Your circumstances can change considerably in the months and years after your divorce, especially your financial situation. The spousal maintenance arrangement ordered by the court as part of the dissolution of marriage process may not be appropriate anymore, but you do have options for amending the terms. While you should discuss the specifics for modifying spousal support with an Illinois divorce lawyer, an understanding of certain general information may prove helpful.
State Law on Spousal Maintenance Modification
The Illinois Marriage and Dissolution of Marriage Act provides that an order for spousal maintenance can be modified by showing a “substantial change in circumstances.” Both the ex-spouse receiving support and the one paying it can request a change to increase, decrease, or terminate maintenance payments. The law lists a number of factors indicating a substantial change in circumstances, including:
Child support is not just an issue that is between parents, but also a matter of concern for the state of Illinois. The state has an interest in making sure that all of the children in it are provided for. Therefore, the state has child support services that both parents can use to help make sure that child support is paid on time and in full.
The child support services department is part of The Illinois Department Healthcare and Family Services. While the state offers many different kinds of child support services, there are several things that can only be done with the assistance of a knowledgeable child support attorney.
Paternity
There are several services related to child support that the state provides. One provided service is related to paternity. It is important to establish paternity so the child will have a legal right to child support, inheritance, and certain government benefits. Paternity can be established by being married to the mother, signing a voluntary acknowledgement of paternity, or by a judicial or administrative determination. The child support enforcement agency can help you with the paternity process if necessary and may even pay for genetic testing.
If you are currently going through divorce proceedings, you are probably aware that the court will address the needs of minor children. There are many considerations that will factor into a judge’s decision on parental rights and obligations, all of which focus on an arrangement that accounts for the best interests of the child. You should consult with a DuPage County parental responsibilities lawyer about your situation; however, some general information is a good start.
Parental Rights and Responsibilities
There are two primary considerations involved with a parent’s legal obligations and rights in Illinois:
Decision-Making
This area covers a parent’s duty to make the choices involved with raising the child, and it includes decisions on:
A prenuptial agreement is probably the last thing you want to think about when you are planning a romantic wedding, but it is a smart approach for many couples starting a life together. A prenup is a way for couples to decide certain issues for themselves, rather than relying on divorce laws that may result in an unbalanced situation.
The common presumption is that prenuptial agreements are intended to protect the “richer” spouse, but there are a number of reasons why these agreements benefit both parties. Consult with a DuPage County prenuptial lawyer about how a prenup would work for you and your partner.
Bring Everything to the Table
Both spouses will bring income, assets, and liabilities to the marriage. The process of arranging a prenuptial agreement requires each person to put everything on the table, and there are penalties under Illinois law on prenuptial agreements if someone intentionally omits critical financial details. With full disclosure, there are no surprises months or years into the union. Plus, the exercise of providing financial data is an important step for couples because it ensures the spouses are planning their financial future together.
While typically a minor is under his or her parent's’ care and control until the age of 18, there may be some circumstances where it makes sense for a minor to be legally emancipated before this age. If you need to know more about emancipation, you should contact a knowledgeable family law attorney to answer any of your questions.
Emancipation
In Illinois, emancipation is governed by the Emancipation of Minors Act. Most children are under the control of their parents until they are 18. However, some 16 or 17-year-olds can get a special judicial order that legally emancipates them from their parents.
Emancipation is for “mature minors” ages 16 and 17. It allows them to legally live away from their parents and, for the most part, be treated like an adult. Emancipated minors are legally allowed to enter into contracts, rent apartments, apply for certain government programs, and make their own decisions about where they live and go to school.
If you are considering or are in the process of divorce, you may be overwhelmed with the actions you must perform. However, you do not need to do it all alone; there are professionals and experts who can help you throughout each step of the process. Moreover, a skilled divorce attorney can help you to identify the types of professionals that will be beneficial for your circumstances.
Valuation Experts
Valuation experts can be some of the most important experts hired during a divorce. A large part of the divorce process is dividing assets between spouses. However, before you can divide assets you need to know how much they are worth.
For many assets, their worth is relatively clear—items such as stocks or bank accounts have an easily discernible value. Yet with other assets, especially if one or both spouses own a business, a valuation expert is needed to make sure that the value of the business is accurately understood.
While it may be difficult, it is important for both parents of a child to support the child’s relationship with his or her other parent. Not only is it important for the child’s emotional well-being, but the court will insist on it as a part of allowing the child to live with one of the parents.
Both the Illinois Marriage and Dissolution of Marriage Act and recent case law underscore the importance of the residential parent maintaining this relationship. Of course, if abuse or other unsafe conditions existed, the situation may be different. However, if both parents are fit, facilitating a relationship between the other parent and your child may be an explicit or implicit requirement of the court ordered parenting plan.
If you are worried that the other parent may be interfering with your relationship with your child, you should contact a skilled parenting time attorney to help you exercise your rights to a positive relationship.
When a woman gives birth, she may or may not know who is the father of the child. Even if the mother knows who the father of the child is, the father may dispute this. Further, the law makes assumptions about the paternity of the child in some cases and if this is not correct, then legal action may need to be taken to set the record straight.
No matter what the situation is, it is extremely beneficial to the child to make sure that paternity is established at some point. If you have questions about the paternity process, or need help establishing paternity, you should contact a knowledgeable paternity lawyer to help you with the process.
Benefits of Establishing Paternity
There are several benefits to establishing paternity, especially for a child. Establishing paternity allows a child, and his or her other parent, to have the right to child support. Establishing paternity may also allow the child to be covered under any health insurance plan that the father has. Moreover, paternity gives a child the right to inheritance from the father, the right to Social Security benefits, the right to life insurance benefits, and the right to veterans benefits if applicable.
Dividing property can be a very stressful part of a divorce. There may be some items of sentimental value to you that you want to keep, and there are certain steps you can take to make sure that you hold on to property that is important to you in case of a divorce. If you are considering divorce and want to protect certain property, you should contact a skilled property division attorney to find out the best way to make sure your assets are protected in a divorce.
Prenuptial Agreement
One of the best ways to make sure that property with sentimental value is protected in the event of a divorce is to include it in a prenuptial agreement. If you are already married, you can draw up a postnuptial agreement that addresses the property for which you are concerned. However, even if you do not have a prenuptial or postnuptial agreement, there are other ways to protect the property.
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