Family law is a specialized branch of the legal system that governs aspects related to domestic affairs and familial relationships. It encompasses a range of legal issues that arise within families, from marriage and divorce to child custody, adoption, and even domestic violence. Today, we will aim to shed light on the crucial aspects and significance of family law, showcasing its pivotal role in preserving the well-being and stability of the modern family unit. If you need legal assistance with a family matter, contact a family lawyer today to ensure your legal goals can be satisfied. 

Marriage and Divorce

A cornerstone of family law is the regulation of marriage and divorce. This includes procedures for obtaining a marriage license, the legal recognition of marriage between partners, and the dissolution of marriage through divorce. Family law attorneys play a crucial role in guiding couples through the complexities of divorce, such as asset division, spousal support, and child custody arrangements.

Child Custody and Support 

Family law addresses the well-being and protection of children at the center of disputes. It ensures that custody decisions take the best interests of the child into account, prioritizing their safety, upbringing, and stability. Family law establishes guidelines for determining child support to safeguard children's financial welfare, regardless of their parent’s marital status.

When there is tension or violence in a relationship, obtaining an order of protection or a restraining order in Illinois can be an effective legal way to establish limits and safety. Although similar in nature, the two have significant differences. As a result, if you are interested in pursuing either an order of protection or a restraining order, contact a family law attorney to learn more about what each option entails and which may be right for you. 

Restraining Orders 

Contrary to what many believe, temporary restraining orders are designed primarily to protect financial assets during divorce proceedings under Illinois law. When a divorce is taking place, a restraining order can prohibit a spouse from taking, selling, or otherwise disposing of jointly controlled property or assets. An example of a scenario where a financial restraining order may be necessary could be to prevent a spouse from canceling a critical insurance policy. In Illinois, restraining orders are usually used in divorce cases instead of domestic violence cases, but not always. 

Orders of Protection in Illinois

Meanwhile, an order of protection is an enforced court order that requires one individual who has been accused of committing domestic abuse to stay away and refrain from contacting the alleged victim(s) in any way. Furthermore, orders of protection can be used to stop violent or abusive threats or acts from occurring, require the offender to enter therapy, counseling, or other forms of treatment, move out of the marital home, and more. 

Establishing paternity is an important process for both parents and children in Illinois. Without establishing paternity, fathers may not have the same rights as mothers, and children are not entitled to the same legal protections and benefits. Today, we will discuss what is most important to know about paternity in Illinois. If you have questions related to paternity, contact a family law attorney to understand your legal options at this time.

Essential Considerations for Paternity in Illinois

In Illinois, paternity can be established in a few different ways, including:

• Through marriage – If a man and woman are married and a baby is born, the man will legally be considered the father.
• Voluntary acknowledgment of paternity – This method involves both parents signing a voluntary acknowledgment of paternity (VAP) form at the hospital or birthing center where the child was born. This can also be done at a later time as long as both parents agree to it 
• Administrative paternity order – In Illinois, an administrative paternity order is a legal document that is used to establish paternity for a child and is issued by the Illinois Department of Healthcare and Family Services. This type of document is generally used when the mother of a child wishes the other party to provide child support 
• Judicial paternity order – If parties dispute the father's identity, a paternity case may be filed to determine the father. In many cases, a genetic test may be conducted to determine paternity 

Why Paternity is So Important 

Once paternity is established, fathers gain certain legal rights, including:

Premarital agreements, commonly referred to as prenuptial agreements, are contracts between two individuals planning on getting married. The agreement defines how the couple's assets and liabilities will be divided in the event of a divorce. Despite their growing popularity, many myths exist regarding premarital agreements. It is essential to debunk these myths to see whether a premarital agreement may suit you and your situation. Remember, if you are interested in a premarital agreement, contact an experienced family law attorney to learn more and see whether signing one may be in your best interest. 

The Most Common Misconceptions Regarding Premarital Agreements 

1. Premarital agreements are only for the wealthy – While premarital agreements are commonly associated with wealthy individuals and celebrities, they are not exclusively for the rich. Anyone can enter into a premarital agreement, regardless of their financial situation. In fact, premarital agreements can benefit those who have children from another marriage or own a business.
2. Premarital agreements are only necessary if the couple is planning to divorce – Many people believe that premarital agreements are only helpful in the event of a divorce. However, premarital agreements can also be helpful during the marriage. For example, a premarital agreement can specify how household expenses will be paid, assets will be acquired, and investments will be managed. By establishing clear guidelines for financial matters, premarital agreements can help the marriage.
3. Premarital agreements are unromantic and can damage the relationship – Some people believe that discussing premarital agreements can be a mood killer and can damage the romantic aspect of the relationship. However, discussing a premarital agreement can actually be a sign of trust and respect. It demonstrates that both parties are committed to being honest and transparent about their financial situation. Therefore, couples can strengthen their relationship by discussing premarital agreements openly and honestly.
4. Premarital agreements are not legally enforceable – Premarital agreements are legally enforceable in most states as long as specific requirements are met. To be valid, a premarital agreement must be signed in writing, signed by both parties and entered into voluntarily. Additionally, the agreement must be fair and reasonable when it is signed. It is essential to consult with an attorney to satisfy all necessary legal requirements to ensure the agreement's legitimacy. 

Contact a Kane County Family Law Attorney

If you want to learn more about premarital agreements or are ready to sign into one, contact the experienced Batavia, IL family law lawyer at Van Larson Law, P.C. Call 630-879-9090 for a free consultation.

The state of Illinois has updated a number of laws regarding visitation rights. One of these changes that have been in effect since January 1, 2017, is House Bill 5656. This new law states that the Department of Children and Family Services (DCFS) is now required to make a reasonable effort to accommodate and grant visitation privileges to non-custodial grandparents and/or great-grandparents of a child who is in the care and custody of the DCFS.

The Department is now responsible for specific criteria when determining whether to grant visitation, such as:

• The DCFS should try and consider whether or not the child would like to visit with their grandparent or great-grandparent.
• They should determine the child's maturity level. The child may not be able to express how they really feel if they are too young to know the entirety of the situation.
• Evaluate the overall health of the grandparent or great-grandparent. They may not be in the best shape to travel and see their grandchild.
• Consider how long each visitation will be, followed by the impact that that specific visitation would have on the child in the long run.
• The DCFS has the right to deny a request made by a grandparent for visitation after they look over the necessary criteria expressed by the court.

As the years go by, visitation laws will continue to evolve in the state of Illinois. However, one aspect of the legal system that will remain the same is the continued creation of protocols and rules that help encourage grandparents to solve visitation issues outside of the court.