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If a child is involved in a divorce, one of the most important aspects of the proceeding is to establish a child custody agreement. This agreement determines whether the parents have joint or sole custody, visitation rights, time sharing, decision making responsibilities and more. Once a child custody agreement has been set, there are only specific circumstances where it can be modified after the fact.
Modifying a Child Custody Order
There are three ways under Illinois law that a child custody agreement can be modified by the courts. First, both parents can agree to the changes in the child custody order. Second, the order can be modified if one parent can show the court that the child’s present environment may seriously endanger his or her physical, mental, or emotional well-being. Finally, a modification can be made to the child custody agreement if more than two years have passed since the original agreement was created and a change in circumstances is shown to be in the best interests of the child.
Illinois has become the next state to take part in a program that works to facilitate the process for families that are adopting children from out of state. Called the National Electronic Interstate Compact Enterprise project (NEICE), this program is designed to minimize the period of time that children are in foster care and assist them to seek out families that want them in other states. Illinois’ Department of Children and Family Services (DCFS) was the latest organization across the country to join the project.
The NEICE program works by using an online system to build on the existing processes of another adoption project, the Interstate Compact on the Placement of Children (ICPC). The ICPC is a state by state compact that regulates adoption and foster care placements when a minor is put in the care of a family in a different state. For any family that is interested in utilizing the new project to adopt a child out-of-state, you can contact your local DCFS office.
Domestic violence against family members or a loved one is one of the most difficult issues to handle in family law. However, if you are a victim of this type of abuse the law provides protection from your offender in the form of an “Order of Protection.” This court order prohibits an attacker from coming near or making any type of contact with you for as long as the order stands.
Illinois Domestic Violence
Under Illinois law, 750 ILCS 60/103 describes domestic violence as abuse of a family or household member. To fall under this category, a family or household member includes:
Spouses;
Parents;
Children;
Stepchildren;
Those who live in the same home;
The need for a guardian typically arises when the parents of a child have died or are no longer able to provide proper care. Guardianship appointments for minors are handled by the state probate court, and the rules regarding guardianship are defined within the Illinois Probate Act. The law provides for different types of guardianship appointments, each with its own set of guidelines, restrictions and terms.
Types of Guardianship
Found in Illinois law under 755 ILCS 5/11, the Probate Act recognizes that there are situations where another person besides a parent should be appointed to make decisions that are in the best interest of a child. The Probate Act of Illinois separates guardianship appointments into three different types: permanent guardians, standby guardians, and short-term guardians. Each type of guardian is appointed in their own way, with their own set of responsibilities, and all are appointed for different reasons.
When a couple divorces and children are involved, there is a lot of discussion that goes into the tax implications of custody and support. However, the tax consequences of every aspect of divorce should be considered, especially when it comes to businesses and real estate. The division of income producing property, businesses, and real estate can have significant impacts on the final division of assets and liabilities in a divorce.
Tax Implications for Businesses
Income producing property, such as rental property or commercial buildings, can add a whole new level of complexity to a divorce case. Depreciation of income producing property decreases the value of the property over time, yet any improvements made to the property increase the underlying basis. It is important that you have a professional evaluate the adjusted basis of the property before determining how it should be divided in a divorce.
Despite court and family efforts, there are times when it is in the best interests of a child to terminate a parent’s rights. This means that a parent will no longer be legally responsible for a child, does not have to pay child support, and cannot make any decisions regarding a child’s welfare. However, Illinois has a fairly unique and strict set of rules regarding when one parent is allowed to petition for the termination of the other parent’s rights.
Parental Right Termination Law
In Illinois, one parent is not allowed to simply petition for the termination of another parent’s rights. Under Illinois law 750 ILCS 50/1, a parent’s rights can only be terminated in conjunction with the Adoption Act or in a juvenile case. State legislators determined that it is in the best interests of a child that both parents retain their rights, except in extreme circumstances —a negligent parent still has an obligation to pay child support, even if he or she is absentee.
Children of divorce cannot freely travel between states like the children of married parents. Custodial parents who wish to move their child outside of the state, or even remove them temporarily, must get permission from the court first. In addition, the parent must demonstrate to the court that the removal is in the best interests of the child or provide some type of guarantee that the child will return.
Illinois Removal Law
Under 750 ILCS 5/609 of Illinois law, the court may allow any custodial party to remove their child or children from the state of Illinois if it is in the best interests of the child or children. In order to be granted approval, the party seeking removal must show that this is, in fact, in the best interests of the child or children.
Very few divorce cases are uncontested, where the divorcing couple agrees on all aspects of the split. In a contested divorce, the spouses have a couple of options when deciding how to resolve their issues. One option is to litigate the matters, but another viable option for divorcing spouses is through mediation.
What is Mediation?
Mediation is a process where a neutral third party handles all of the issues in your divorce. You and your divorcing spouse sit down with a mediator and discuss the contentious issues in a private forum. Then, the mediator helps to craft a solution in which both parties are satisfied.
The spouses then take the mediated agreement to court, where it can be approved by the family law judge. Mediation can cover all contested issues in a divorce, including child custody, visitation, spousal support, tax considerations, disposition of the residence, division of property, and the division of debt.
The Illinois Department of Child and Family Services (DCFS) handles all cases involving allegations of child abuse or neglect in the home. Any person can report suspected abuse or neglect to the DCFS, and they have the right to investigate the case in addition to removing a child from a home. Every child protection case in the state follows the same timeline, so you can know what to expect as the case moves forward.
Within 48 Hours of Removal
On the first day of a child protection case, emergency removal is used to take the child from the home by DCFS for his or her safety. Excluding weekends and holidays, within 48 hours of the removal a temporary custody hearing is held. The court decides whether there is probable cause, urgent and immediate necessity, and in the best interests of the child to place him or her in the custody of DCFS.
Along with the division of assets and spousal support, if children are involved, a final divorce decree also includes a child custody agreement and an order for child support. The purpose of child support is to protect the best interests of a child and provide support to the parent with primary custody.
However, sometimes a parent will fail to pay their child support obligation, and it can have negative consequences for everyone involved.
Consequences of Failing to Pay Child Support
If a parent fails to pay child support, the other parent can petition the court to impose penalties. A family law judge can sanction civil and criminal punishments against the parent in arrears, dependent on a number of factors involved in the case. Penalties associated with failure to pay child support can include the following:
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