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Tag Archives: Kane County child custody attorneys

Kane County divorce lawyer pregnancy paternityCountless issues can complicate the already complex legal process of ending a marriage. One of these complicating factors is pregnancy. If you or your soon-to-be ex-spouse is pregnant, and you plan to divorce, you probably have many questions and concerns. You may wonder how parental responsibilities and parenting time will be determined, or you may have worries about child support. Getting a divorce while a spouse is pregnant is possible under Illinois law, but it can be challenging both personally and legally.

Establishing Paternity of Your New Child

Paternity refers to the legal relationship between a father and a child. Illinois law presumes that when a married woman has a child, her husband is the child’s biological and legal father. The father does not need to take any additional steps to establish paternity. This is also true if the baby was conceived while the couple was married but is born after their marriage is dissolved. A father who has established paternity has the right to parenting time and may also have certain obligations, such as child support payments. 

If a woman conceives a child during her marriage, but her husband is not the child’s biological father, the situation becomes more complicated. The presumed father may need to terminate his parental rights so that the biological father can establish his own parental rights. In some cases, a DNA paternity test may be needed to verify the biological relationship between the child and the father.

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Kane County family law attorneyFollowing a divorce or breakup between two people who have children together, it is common for one parent to be granted a majority of the parenting time. Equal parenting time, in many cases, is impossible or impractical due to scheduling or geographic complications. In other cases, it may be in the child’s best interest to spend significantly more time with one parent than the other.

If you are a divorced, separated, or unmarried parent who has been given less parenting time than your child’s other parent, it can be difficult to maintain the relationship you desire with your child. Fortunately, Illinois law provides a way for you to possibly get additional parenting time by including the right of first refusal in your parenting agreement.

What Is the Right of First Refusal?

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Kane County family law attorneyThe lazy days of summer are coming to an end, and many families are preparing for a new school year. Getting back into the swing of school after summer break can be especially chaotic for families who have experienced a major change like a divorce or separation. Who will buy the backpacks? Who will pick up the kids after school? How will parent-teacher communication work? Every situation is different but there are some steps parents can take to help ease the transition from summer to the school year.

  1. Let your child’s teacher know about the family circumstances. If you and your ex have recently separated, you may be unsure how to make sure both parents stay in the loop regarding homework, projects, and special events. Letting the teacher know that your child splits his time between two households helps the teacher accommodate the situation. Make sure the school has both parents’ contact information. Also let the school know if any other adults like step-parents will be picking up the kids after school;
  2. Cooperate with your ex. After a separation, your ex is probably the last person you want to talk to or be around. However, if you share children you will have to communicate about transportation, school vacations, and purchasing school supplies. If there is a lot of tension between you and your ex-spouse, texting or email may be better than face-to-face conversations or phone calls;
  3. Be willing to split costs. Many divorced parents decide to split the costs of school supplies or fees. Decide who will buy what in advance so that your child will be prepared and ready to learn on the first day. Keep in mind that having duplicates of certain items is not a bad thing, especially if your child will be working on school projects and homework in two homes;
  4. Attend parent-teacher conferences and meetings together. Even though you and your ex are no longer together, you are still your child’s parents. Attending meetings together ensures that you are both on the same page about your child’s performance in school. Going together also sets an example of teamwork for your child; and
  5. Use a shared calendar to organize transportation. There are many apps and programs that parents can use to assign drop-off and pick-ups. Apple Calendar and Google Calendar both have a sharing function. Other family-planning apps include Cozi, Two Houses, and OurFamilyWizard are available for mobile devices.

An Attorney Can Provide Guidance

Your family’s transition from summer to school probably will not go perfectly—but that is understandable. Hopefully, with a little flexibility and teamwork you and your child will have a fun and successful school year.

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Wheaton, IL 60189
630-549-0960
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We serve clients throughout Kane County, Illinois including St. Charles, Geneva, Batavia, North Aurora, Elgin, Algonquin, Aurora, Barrington Hills, Bartlett, Big Rock, Burlington, Campton Hills, Carpentersville, East Dundee, Elburn, Hampshire, Huntley, Kaneville, Maple Park, Sleepy Hollow, Wayne, West Dundee as well as throughout DuPage County.

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In honor of the passing of our founder, Joseph F. Mirabella, Jr., our offices are closed Friday, January 31, 2020.I Agree