Office Operations during COVID-19/Coronavirus Pandemic. To effectively do our part to stop the spread, MKFM's offices are not generally open to the public; however, our attorneys continue to remain hard at work and available to provide legal services to new and existing clients.
Blog

Tag Archives: Kane County family law attorney

Kane County family law attorneysFollowing a divorce or break-up, parents go their separate ways, often creating vastly different lifestyles from one another. In most cases, however, each parent still has the right to at least some parenting time with the child, if not significant parenting time through a shared parenting arrangement. For some parents, however, the difference in lifestyles can be particularly troubling, especially if there are concerns that the child is being negatively affected. If you have been questioning the appropriateness of the other parent’s behavior, it is important to know what you can and cannot do about it, and a family lawyer can help.

Your Opinion Might Not Really Matter

Unless otherwise stated in your parental allocation judgment or parenting agreement, how you feel about the other parent’s actions has little bearing on the situation. There are some exceptions, but those will be addressed in a moment. Even if you have been granted full authority for important decision-making in regard to your child, as long as the other parent has not been deemed unfit, he or she is permitted to parent as he or she desires. His or her time with the child is not under your control, and you do not have the authority to tell them what to do or how to do it.

But…

The safety of your child must always remain the top priority for both you and the other parent. By law, parenting time may be restricted if the child’s physical, mental, moral, or emotional health is seriously endangered. However, that is not a determination you are permitted to make entirely on your own. Instead, you must take your concerns to the court and request that restrictions be placed on other parent’s time with your child. Only in the most extreme cases will his or her rights to the child be completely terminated.

...
Continue reading

Kane County family law attorneysParenting after a divorce, separation, or break-up is challenging, to say the lease. If you have been allocated significantly less parenting time than your former partner, maintaining a meaningful relationship with your child can be even more difficult. What happens, though if the other parent convinces the court to restrict or limit your parenting time even further? A skilled parenting time lawyer can help you understand what recourse you may have, and work with you in taking the steps to restore your parental rights.

How Parenting Time Can Be Restricted

The driving principle of Illinois family law statutes that address children and parenting responsibilities is to serve the child’s best interests. In virtually every case, the court begins with the presumption that active participation by both parents is in the child’s best interest, and, therefore, will allocate parenting time to each parent based on the family’s circumstances. Your parenting time cannot be restricted unless the other parent can show that your lifestyle or behavior seriously endangers your child. These dangers can be to the child’s mental, moral, or physical health, as well as to his or her emotional development.

Examples of Restrictions

In an extreme situation, your right to parenting time may be suspended completely, but the court will usually try to avoid cutting you off altogether. Instead, your time with your child may be reduced or limited to certain physical locations. The court could also determine that you may only have your parenting time under the supervision of the other parent or a neutral third party. Additional restrictions could include keeping certain people away from your child, requiring you to abstain from drugs or alcohol immediately before and during your parenting time, and any other considerations the court finds to be necessary.

...
Continue reading

Kane County parenting plan lawyersIf you are a parent who has decided to divorce, you are probably worried about how this will affect your children. Fortunately, there are many families who live in separate homes who are able to co-parent effectively and lovingly. If you are currently separated or soon will be, there are some things you should keep in mind when working on a parenting plan or custody agreement.

Who Decides on Parenting Plans?

Ideally, a child has both parents in his or her life. However, if you are getting divorced as a result of domestic violence, abuse, addiction issues, or other dangerous circumstances, it may be best not to share parental responsibilities. For those parents who wish to share the allocation of parental responsibilities, a co-parenting plan will be vital.

...
Continue reading

Kane County family law attorneysThe purpose of child support is to help the primary residential parent of a child or children to be able to afford basic necessities such as rent or mortgage payments, the child’s clothing, school supplies, and their meals. Those who receive child support often depend on that extra income in order to pay their bills and maintain a good quality of life for their children. For some parents, a missed payment here and there will not cause a major financial crisis. For others living on a tight budget, a missed child support payment can be devastating. During the holidays, many parents rush to the stores to buy their children Christmas gifts. However, it is important to note that the money spent on children’s Christmas gifts cannot count toward child support payments.

Changes to Child Support in Illinois

Recently, several major changes were made to the way Illinois courts calculate child support. The amount of child support that is awarded to a parent is now based on an “income shares” or “shared parenting” model. The incomes of both parents are now taken into account, rather than solely that of the paying parent. The new model also takes into consideration how much time the parents each spend with their children on an overnight basis. This is intended to help alleviate the child support costs for those parents who also spend money on their children during their parenting time. The new model is based on three main factors: the estimated total amount of money needed to raise the child, extra costs that a parent may encounter such as expenses for health care, education, and after-school activities, and the amount of overnights the child spends with each parent.

...
Continue reading

Kane County family law attorneyDivorce and family-related legal proceedings are difficult on all parties involved. It can get infinitely more challenging when a parent is struggling with mental illness. However, the mere existence of mental illness or neurological variance should not be grounds for loss of parental responsibilities, formerly called child custody. Every person is entitled to a fair evaluation of his or her legal competency.

Legal Competency

When a parent is mentally ill, the issue becomes one of mental capacity, which is used to determine a person’s legal capacity to parent. Unfortunately, many times, that capacity is assessed by outdated benchmarks, by biased people. Recent statistics by the National Council on Disability shows rates of child removal from a home where one parent has a psychiatric or intellectual disability are as high as 80 percent. This is manifestly unjust for both parent and child. A parent’s disability may be considered when determining the best environment for a child, but making a blanket determination without an appropriate review is wrong.

...
Continue reading

Contact Us

NOTE: Fields with a * indicate a required field.
*
*
*
1737 South Naperville Road, Suite 100
Wheaton, IL 60189
630-549-0960
Evening and weekend hours by appointment.

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.

Make a Payment
© 2020 Mirabella, Kincaid, Frederick & Mirabella, LLC | 250 W. River Drive, Unit 2A, St. Charles, IL 60174 | 630-549-0960
Take me to top
OVC, INC
Contact Us
Contact Us

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