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Have you ever wondered how family court judges make decisions on behalf of children? Illinois, and most other states, uses a standard of the “best interest of a child.” Though the specifics differ between states, the best interest of the child, or BIOC for short, is usually a statutory list that is part of the state’s code that governs family law. Judges must refer to this list as guidance when considering the factors of the situation to decide the BIOC.
Changes to Illinois Family Law
January 1, 2016 brought several changes to Illinois family law, including changes to the list of factors considered for BIOC. One change was that Illinois now has separate—though very similar—BIOC factors depending on whether parenting time or decision-making responsibility for the child is being allocated. Illinois also added some factors that were not previously included.
Generally, if a parent is incarcerated after being found guilty, they do not cease to be a parent. Illinois courts tend to abide by the axiom that a child benefits most from having both parents in their life, and will try to practice this whenever possible. As such, unless a parent has committed a violent crime, it is likely that a court will at least consider their position in terms of being a factor in their children’s lives.
Parenting Time
When a parent is incarcerated, he or she will lose his or her ability to visit or take care of their children for the period of the sentence. However, this does not mean that his or her parental rights will be abrogated, or even that they should, depending on the nature of the case and the crime committed.
If the parents stay married while the mother or father is in jail, parenting time distribution may change; however, the allocation of parental responsibilities (what used to be referred to as physical custody) likely will not. If a mother elects to divorce an incarcerated father, she will retain physical custody unless clear and convincing evidence is put forward for the child to be surrendered either to the state or to another guardian. A father divorcing an incarcerated mother will have a different path to follow depending on whether he can establish paternity or not. If he can establish paternity, he will be granted custody in most circumstances.
Reasons Supervision May be Ordered
There are several circumstances in which a judge may order supervised parenting time. Sometimes a judge will order supervised parenting time based on the facts of a case. Other times one parent may feel that a child is at risk when in the care of the other parent and will ask the judge for visits to be supervised. Or, there may be certain situations that require supervision or no contact, such as when one parent drops off the child to the other parent. However, the reason is always the same: the best interests of the child.
The Illinois Marriage and Dissolution of Marriage Act lays out the factors that a judge will consider in order to find what is in the best interests of the child. Some factors that are taken into account are the wishes of the child, the mental and physical health of the parties involved, the child’s health, and a history of abuse.
If you are considering divorce, changing custody agreements, negotiating a prenuptial agreement, or any other family law conflict, you may want to consider mediation. However, it is important to understand the process and whether it may work for you.
What is the Mediation Process Like?
Mediation is a process where the two parties who are looking to make an agreement try to come to a consensus about all the aspects of the agreement. This keeps all outcomes in the hands of the parties. With traditional litigation the judge ultimately gets to decide the parameters of the agreement.
Everyone will not likely get everything they want, but mediation tries to help couples get to a place where they can live with the agreement that is made. Additionally, it is important to understand that the mediator is not a judge and it is up to the parties to make decisions. However, different mediators can offer different levels of direction and you will want to find someone with whom you are comfortable.
A study has found that high levels of Facebook use are associated with poorer relationship outcomes. Hence, it is not surprising that social media has become part of many family law cases. Therefore, it is important that you are mindful about what you post on social media, especially if you are in the middle of or preparing for a divorce or custody case.
Even if you do not have a family law case on the horizon, however, you should always be aware of what you are posting and the ways it may be used in litigation—it is impossible to truly delete content after it has been on the Internet.
There are common ways that social media is used to influence cases. Yet, as new precedents are being set all the time related to technology and applications, caution when posting is always warranted.
Evidence of Conduct
Think twice before you post pictures of parties or vacations, as those pictures can tell the other side information that you do not want them to know. Even benign pictures in the hands of a skilled attorney can convince a judge of things that you may not want him or her to believe. For example, a picture of you at a party with a drink in your hand can be used as evidence that you have a drinking problem.
Illinois family law introduced many changes in the beginning of 2016. One of these is a move away from the terminology of “custody” and “visitation” towards the concept of “parenting time.” This is a change in terminology; however, it also asserts the fact that both parents are important parts of the parenting process, though the time that each is allocated may be different. No matter what it is called, going from the care of one parent to another can be stressful for children. However, there are some ways to make parenting time transitions easier for everyone.
Dedicated Transition Time
One psychotherapist recommends that parents spend some fun and distracting “transition time” with younger kids when they are going from one parent to the other. This time can be spent playing, having snacks, singing, or performing other fun activities to help both the child and the parent move towards getting comfortable with the current parenting time situation. Right after picking up a child from the other parent’s house is not the time to engage in a high stress activity.
Before the Affordable Care Act, also known as “Obamacare”, came into effect, many couples would put off divorce because employer provided health insurance would no longer cover one of the spouses. One study found that before the Affordable Care Act was enacted, about 65,000 women would lose health insurance coverage after a divorce each year.
Now, many people are able to access health care even after a divorce when their spouse’s employer provided coverage during the marriage. In Illinois, like many other states, a state marketplace provides Affordable Care Act coverage.
Preexisting Conditions
One of the biggest changes that the Affordable Care Act made to health care even affects those who have employer provided coverage, and that is mandating insurance companies to cover preexisting conditions. In the past couples may have been worried about getting new coverage after divorce when one part of the couple developed a health condition during the marriage. Now that people can access new coverage for long standing conditions, couples can make the decisions that work for them without having to worry about illnesses going untreated due to lack of coverage.
If you are planning on getting married, you will need to obtain a marriage license in order for it to be legally recognized. Different states have different laws and rules regarding who, how, and when marriage licenses can be obtained and signed. It is important to fully understand some of the rules in DuPage County, Illinois regarding getting married. Before you get married you may also want to talk to an attorney about how marriage will impact your rights and obligations.
Where?
To get a marriage license in DuPage County, both of the future spouses must appear at the County Clerk’s office. The DuPage County Clerk’s office is located at 421 North County Farm Road, in Wheaton. The clerk’s office is open from 8-4:30 Monday through Friday. If you get your license in DuPage County then you must be married there. You cannot use this license to get married in other locations. If you do plan to get married somewhere else you will need to find out the marriage license laws of that locale.
The relationship between grandparents and grandchildren can be mutually beneficial and rewarding. However, sometimes family relationships can be complicated and grandparents can be left out in the cold and are unable to visit their grandchildren. Conversely, there may also be times where a parent does not want their child to be around a grandparent who is seeking visitation.
What Rights Do Parents Have?
Parents have extensive rights when it comes to decisions made for or on behalf of their kids. It is up to each parent to decide the parameters of the relationship between his or her parents and the child, and generally the courts do not want to interfere with that relationship.
The courts assume that a parent will protect the rights of their own parents to see the child. Grandparent’s rights cases come up when one of the parents is deceased, disabled, incarcerated, or otherwise unable to assert his or her rights. For example, if there are two parents and the father dies, grandparents’ rights become relevant if the mother denies visitation to the grandparent/set of grandparents who are parents of the deceased father.
Most people have heard of prenuptial agreements—legal documents that a couple draws up before the wedding regarding division of assets in the case of divorce. What many people do not know is that there are also postnuptial agreements. These are similar to prenuptial agreements except they are drafted and signed after the couple is married. Postnuptial agreements are governed by the Illinois Marriage and Dissolution of Marriage Act.
Why Would I Want a Postnuptial Agreement?
Couples have several different reasons for deciding to enter into a postnup. Some couples decide to draft a post-nup when they are going through a rocky time in their marriage and want to figure out property division beforehand to get a sense of what divorce might look like. Other couples may agree that a postnup is the way to go if one of them wants to try a new business venture. Finally, some may regret not signing a prenup and therefore choose a postnup as plan B. Whatever the reason, it is important to make sure you go into the postnup with your eyes open so that you understand the legal consequences of signing one.
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