Navigating Parental Responsibilities: A Q&A Guide

No one starts a family of their own thinking it will end in separation. However, parental rights and responsibilities are part of mothers’ and fathers’ role as their children’s caretakers after separation as much as it was prior. If you’ve got questions regarding parental responsibilities in Illinois, here’s what you need to know in 2023. 

Married or not, raising a child is a complex and challenging task, and the responsibility of ensuring a child’s well-being falls on the shoulders of the parents. 

However, in the event of a separation or divorce, the allocation of parental responsibilities can become a source of confusion and disagreement. This blog is an essential resource for parents going through separation or divorce in Illinois. Below, we will cover common questions about parental responsibilities and allocation during these events.

Here’s what you need to know.

Q: What is considerd “parental responsibility?”

A:Parental responsibility is a set of rights and duties that a parent or a legal guardian has towards their children. Usually, parental responsibility includes both ‘parenting time’ and ‘decision making’.

Q: What is Allocation of Parental Responsibilities?

A: There are three basic types of child allocation of parental responsibilities in Illinois — joint allocation of parental responsibilities, sole allocation of parental responsibilities and shared allocation of parental responsibilities:

Joint allocation of parental responsibilities requires parents to cooperate in decision-making regarding education, health care and religious instruction. It does not mean that the children live with each parent for an equal amount of time. The parties will agree or the court will assign a residential parent. The non-residential parent will pay child support and exercise parenting time. The amount of time the children spends with the non-residential parent is addressed in a parenting time agreement or order.

Sole allocation of parental responsibilities is the term that describes the arrangement that gives one parent the responsibility for deciding everything related to the child’s welfare. It does not mean that the other parent is out of the picture. Parenting Time and parenting time can be the same in a sole allocation of parental responsibilities case as it is in a joint allocation of parental responsibilities case.

Shared allocation of parental responsibilities is a form of joint allocation of parental responsibilities. It is appropriate when the child spends equal time with each parent, the parents reside in the same school district and are able to joint parent.

Q: What is the process for allocating parental responsibilities in Illinois?

A: The process for allocating parental responsibilities in Illinois begins with the filing of a petition for allocation of parental responsibilities by one of the parents. The court will then conduct a hearing to gather information. From here, they will make a decision based on the best interests of the child. Both parents will have the opportunity to present evidence and testify. The court may also appoint an attorney for the child or a guardian ad litem to represent the child’s interests.

Q: What are the factors considered by the court in Illinois when allocating parental responsibilities?

A: In Illinois, the court will consider a number of factors when allocating parental responsibilities, including the child’s needs, the relationship between the child and each parent, and each parent’s ability to provide for the child’s needs. The court will also consider the following:

  • History of abuse or neglect
  • The child’s own wishes, if they are old enough to express them.

Q: What is the difference between legal custody and physical custody in Illinois?

A: In Illinois, legal custody refers to the right to make decisions about the child’s upbringing, such as decisions about education and healthcare. Whereas physical custody is based on where the child lives and who is responsible for the child’s day-to-day care. 

In many cases, the court will award joint legal custody to both parents. Meaning both parents have equal rights and responsibilities when it comes to making decisions about the child. Physical custody can be awarded either on a joint or sole basis. The court will rule in the best interests of the child.

Q: Can a parent’s allocation of parental responsibilities be modified after the initial court order in Illinois?

A: Yes, a parent’s allocation of parental responsibilities can be modified after the initial court order in Illinois if there has been a significant change in circumstances. This could include the following:

  • A change in the child’s needs.
  • A change in one parent’s living situation or ability to care for the child.
  • A change in the child’s relationship with one of the parents. 

Q: What happens if one parent is deemed unfit to have parental responsibilities?

A: If a parent is deemed unfit to have parental responsibilities, the court may award sole custody to the other parent or to a third party, such as a grandparent. This may be the case if a parent has a history of abuse, neglect, or substance abuse, or if they are unable to provide for the child’s needs. The parent’s rights and responsibilities may be limited, but they may still have the right to visit the child.

Q: Are grandparents’ rights taken into consideration in Illinois when allocating parental responsibilities?

A: Yes, grandparents in Illinois can petition for certain rights, such as visitation rights, if they have an existing relationship with the child and the court finds that it’s in the child’s best interests.

Next Steps To Consider

Protect your children’s interests during a separation or divorce by taking these steps:

  1. Establish legal custody: Legal custody determines who has the authority to make decisions about the child’s welfare, including education, healthcare, and religion. This can be joint or sole custody. In Illinois, child custody is called parental responsibilities.
  2. Create a parenting plan: A parenting plan outlines how the child will be cared for and how much time they will spend with each parent. This should include details such as a schedule for visits, transportation arrangements, and communication protocols.
  3. Communicate with your ex-partner: It is important to maintain open lines of communication with your ex-partner. Especially when it comes to the well-being of your child.
  4. Prioritize your child’s needs: The child’s best interests should always be the top priority. Put aside personal differences and work together to provide a stable and nurturing environment for the child.
  5. Seek legal advice if needed: If you have any legal questions or concerns, it is best to seek the advice of an experienced family law attorney.

Final Thoughts

The allocation of parental responsibilities during a divorce or separation can be a difficult and emotional process.  Working with a professional family law firm like Masters Law Group can provide a great help in navigating this often emotionally-charged process. 

We are dedicated to protecting your rights, and more importantly, the rights of your child/children. Our Senior Attorneys Erin E. Masters and Anthony G. Joseph have extensive experience working with cases involving children in family law conflicts. Ms. Masters is a court-appointed Child Representative and has experience advocating for children in these high-conflict matters. Further, Mr. Joseph is also on the list of approved Guardian Ad Litem/Child Representatives for the Domestic Relations Division of the Circuit Court of Cook County.

If you’re facing a family law issue, don’t hesitate to contact Masters Law Group for the professional assistance you need here today.

Hague Convention – International Child Abduction – Washington State

International parental abductions of U.S. children have been reported in countries all over the world, including Australia, Brazil, Canada, Colombia, Germany, India, Japan, Mexico, Philippines, and the United Kingdom. Navigating international child abduction cases in Washington State can be a legal minefield. During these situations, knowing your legal rights and options through the Hague Convention could prove detrimental to protecting the victims involved.

“International parental kidnapping can have serious emotional, psychological, and even physical consequences for the abducted child.”

– A Law Enforcement Guide on International Parental Kidnapping, U.S. Department of Justice

Every day, children are wrongfully removed from their residing homes and taken to a foreign country, in violation of parental rights.

The Hague Convention on the Civil Aspects of International Child Abduction provides an expeditious method to return a child internationally abducted by a parent from one member country to another. The powerful international treaty that can yield beneficial results when it is implemented correctly and appropriately.

Here’s everything you need to know about international child abduction and the Hague Convention for residents of Washington State.

WHAT IS THE HAGUE CONVENTION? 

The Hague Convention on Civil Aspects on International Child Abduction was enacted into law through the International Child Abduction Remedies Act (ICARA) which provides that a parent whose child has been wrongfully removed from or retained their custody may petition for the child’s return to their country of habitual residence. This treaty was developed by the Hague Conference on Private International Law (HCCH) and entered into force in December of 1983.

The countries that participate are also included in a large treaty that governs the way different legal systems work together. The two main goals were to:

  • Create a means to ensure that judicial and extrajudicial documents to be served abroad can be brought to the notice of the addressee in sufficient time.
  • Improve the organization of mutual judicial assistance.

FILING A CASE UNDER THE HAGUE CONVENTION IN WASHINGTON STATE

Filing a case under the Hague Convention doesn’t immediately guarantee the return of a child. First, the following must be demonstrated:

  1. The child was habitually residing in one Convention country and was wrongfully removed or retained to another.
  2. The removal or retention was considered wrongful if it was in violation of custodial rights and those rights were being exercised at the time of removal or retention.
  3. The Convention was in force between the two countries at the time of wrongful removal or retention.
  4. The child is under 16 years of age.

RETURNING OF THE CHILD

If your child/children have been wrongfully removed from your home in Washington State and taken overseas, you need to move fast.

The return of an internationally abducted child is often settled through negotiation or with the left-behind parents filing a civil petition pursuant through the Hague Convention. Deciding whether to file a Hague application is an important decision and must be considered based on each case’s specific circumstances. If a court decides the child must be returned to its country of habitual residence, they may make the return contingent upon certain obligations from the petitioning parents. This might include:

  • Paying for the travel of the respondent and child to the country where the child habitually resides.
  • Arranging housing or paying for living expenses for the respondent and child in the country of the child’s habitual residence.
  • An order that the petitioner have no contact with the respondent if the respondent returns to the country of the child’s habitual residence.
  • An order that the petitioner will have no contact or limited contact with the child once the child returns to the country of the habitual residence.

POSSIBLE DEFENSES AGAINST THE HAGUE CONVENTION

Under the Hague Convention, a court may deny the return of a child if one of the following applies:

  • There is a grave risk that the child’s return would expose the child to physical or psychological harm or otherwise place the child in an intolerable situation.
  • The child objects to being returned and has attained an age and degree of maturity at which the court can take account of the child’s views.
  • More than one year has passed since the wrongful removal or retention occurred and the child has settled in their new environment.
  • The party seeking return consented to or subsequently acquiesced to the child’s removal or retention.
  • The return would violate the fundamental principles of human rights and fundamental freedoms in the county where the child is being held.
  • The party seeking return was not exercising the right of custody at the time of the wrongful removal or retention.

HIRING A HAGUE CONVENTION LAWYER 

In acts of desperation, some parents may consider using extra-judicial forms of recovery, such as personally traveling to the foreign country to recover a child. Although it may seem easier and faster to use extra-judicial methods, they often violate U.S. federal laws and the laws of the foreign country involved, and may potentially exacerbate the situation.

With the difficulty of international child abduction and Hague Convention cases, you should instead hire an attorney with extensive international law experience and Hague Convention cases across the globe. Ultimately, working with the family court system to resolve custody issues is the best avenue for ensuring the safety of all parents and children involved.

About Masters Law Group

At Masters Law Group, we are highly experienced in international and family law matters. Our goal is to make the legal system easier to navigate for our clients. We will make sure you clearly understand the legal situation and your rights so you can make the best decisions for you and your family.

Instead of trying to navigate international law issues alone, take advantage of the experience and knowledge of our attorneys at Masters Law Group. We are committed to vigorously representing clients in these high-stakes proceedings.

Contact us to schedule your consultation here today. 

Understanding Spousal Support (Ailimony) in Illinois

When a marriage ends in divorce, couples need to try to come to an agreement as to the settlement terms. In addition to deciding the many issues regarding the children and distributing assets and debts, some spouses may also need to obtain spousal support.

Most people are very concerned about the amount of a spousal maintenance award or about how long the support obligation will last. However, the first question that must be asked is whether an award for maintenance is even appropriate.

Illinois courts have the authority to grant spousal maintenance, (alimony), to financially disadvantaged individuals when deemed appropriate. Maintenance is important because it ensures that both parties are able to maintain a secure lifestyle after the divorce.

Courts take into consideration several factors when determining the amount granted for spousal support. In this article, our Chicago Divorce Lawyers at Masters Law Group will provide insight on spousal support laws in Illinois, and steps you should take in your divorce to ensure you’re being treated fairly.

Are You Eligible to Receive Maintenance in Illinois?

Most people are very concerned about the amount of a spousal maintenance award or about how long the support obligation will last. However, the first question that must be asked is whether an award for maintenance is even appropriate. Spousal support is governed in Section 504 by the Illinois Marriage and Dissolution of Marriage Act. As mentioned above, the court must determine whether they can award maintenance based on the facts of your case. Here are just a few of those factors:

  • Current and future income of each party
  • Current and future financial needs of each party
  • Standard of living during the marriage
  • Length of Marriage
  • Marital agreements such as prenup or postnup

It’s important to remember that each case is different, as such the court takes a wide range of factors into consideration.

How Long Will You Receive Maintenance and How Much you Can Expect

Divorce doesn’t have to be a difficult process, but it can be made even more complicated by the way Illinois law handles maintenance.

The state of Illinois has a formula that determines the amount and duration of any maintenance award. This formula is based on the income of both spouses, as well as the length of the marriage and when divorce was filed.

If you are considering filing for divorce in Illinois, it’s important to understand these laws and what they mean for you. It is also best practice to consult a family law attorney before filing for divorce—not only will this ensure that you’re aware of your rights and responsibilities, it will also give you access to legal advice from someone who knows how things work in this state.

Modification of Maintenance in Illinois

Family law is a sensitive and complicated subject. It’s important to have the right attorney on your side, especially if you are seeking modification of a maintenance agreement. Illinois maintenance (spousal support) awards can be modified based on the following circumstances:

  • If the paying-spouse’s income goes down.
  • If the paying-spouse or recipient-spouse experiences a dramatic increase in their cost of living, (e.g unexpected illness or medical bills).
  • If the recipient-spouse is unable to become self-supporting or experiences other financial strains beyond control.

If you ever need to make changes or update your maintenance, you can contact the trusted divorce attorneys at Masters Law Group.

How Masters Law Group Can Help

Divorces usually tend to be drawn out, especially when the parties cannot agree on how to handle issues such as child support, allocation of parenting time and responsibility, spousal maintenance, and division of assets and debts.

If you need help calculating your spousal support or need help modifying your maintenance payments, the attorneys at Masters Law Group can help. 

We have a long history of legal success and know how to work with clients to get them the results they deserve. If you are wondering whether or not spousal maintenance is appropriate if you divorce, or if you think it may be time to have spousal maintenance modified due to changes in circumstances do not delay. Contact us here to speak to our experienced family law attorneys about the spousal maintenance factors involved in your situation.

Getting a Military Divorce? Here’s What You Should Know

Military regulations are clear that remarriage means that a spouse loses the military ID card and associated privileges (e.g. commissary and base exchange shopping). But there are more unique situations that are associated with military divorces. Read on to learn more. 

If you’re getting divorced and your spouse is in active military service, you may be wondering what this will mean for your divorce. Even if you and your spouse mutually decide to split, your spouse’s military status may have an affect on how your divorce goes.

Whether you are looking to file a simple no-fault divorce or if your case is more complex, Masters Law Group can help. Here’s what you need to know.

Active Duty Service Members and Divorce

If you’re a military spouse, you may be wondering whether you can pursue a divorce. The answer is yes. However, there are some limitations on what you can do.

The Federal Service Members Civil Relief Act of 2003 requires a person seeking a divorce to state their spouse is not a member of the U.S. armed forces. This rule prevents spouses from divorcing military members who would be unable to attend divorce proceedings.

If your spouse is a member of the military, you can pursue a divorce as long as they consent. However, they have to sign a defendant’s affidavit of consent.

Uniformed Services Former Spouses’ Protection Act

If you or your spouse are an active member of the military, there’s a good chance the Uniformed Services Former Spouses’ Protection Act (USFSPA) may affect how you divide your assets.

Here’s what the USFSPA covers:

  • Commissary and exchange privileges
  • Health care coverage and other benefits
  • Military retirement pay

If you or your spouse is an active member of the military, it’s important to know that a former spouse does not automatically get a portion of the service member’s retirement pay and there are specific requirements to qualify.

What You’ll Need to File a Divorce

Even though there are a few added rules when it comes to the military divorce process, the remaining process is very similar to civilian divorce. You will still need to agree on the following:

  • Division of assets such as homes, vehicles, money and other property
  • Division of credit card debt, loans and any other outstanding debt
  • Spousal support
  • Child custody

In many cases, you can file for a no-fault divorce (Illinois is a No-Fault Divorce State) if you and your spouse agree on the terms of your divorce. If not, however, an experienced divorce lawyer can help mediate your dispute and draft a settlement agreement. 

Last Thoughts

It’s never easy to make a decision that will impact your life and the lives of your family members. But when you’re a military family, there are even more considerations to keep in mind.

Because military families face unique challenges, our firm has made it our mission to help make sure you get through this difficult time as smoothly as possible. In Illinois, you need to comply with the mandatory waiting period that exists for military families. Typically, there is a 90 day waiting period to obtain a divorce if one spouse, or both spouses, are active in the military. The Illinois Marriage and Dissolution Act requires a spouse to either reside or be stationed in Illinois for 90 days.

How Masters Can Help

We understand that military life can be difficult for families. When it comes to divorce, there are many factors to consider before making a decision about your future. 

From splitting retirement pensions to child support, at Masters Law Group, we take into account all aspects of military life when working with our clients during their divorces. We know that there are more than just two sides to every story; when working with us as your attorneys, we will give both sides equal weight as we chart out a plan that works best for everyone involved.

We can help you and your spouse understand the unique circumstance of a military divorce and ensure that you make the best decisions for your family. Contact us today to schedule your consultation.

 

We’re Hiring! Apply for the Position of Associate Attorney Here

Masters Law Group, LLC is a family law firm with offices in downtown Chicago is seeking an associate attorney experienced in handling the multi-faceted area of family law cases. Ideal candidates will have at least 2 years of experience in family law.

This is a great opportunity to join an expanding law firm. We are searching for an associate attorney who will work and collaborate well with our team of attorneys. A positive attitude, attention to detail and strong work ethic are required.

Your experience must include an ability to independently handle all family law related matters and issues including discovery, allocation of parental responsibilities, dissolution of marriages, post decree modifications and orders of protection. Licensure in federal court a plus. Position offers the ability to also work on Hague Convention matters in state/federal court.

Trial experience helpful. Ability to conduct hearing independently preferred. We offer competitive salary commensurate with experience and a generous benefits package.

All applicant inquiries are confidential.

If interested, please send resumes to Anthony Joseph at ajoseph@masters-lawgroup.com or contact directly at  (312) 609-1700.

What are the Differences Between Annulment vs. Divorce?

Annulment and divorce are two legal terms that refer to the dissolution of a marriage. While both annulment and divorce involve ending a marriage, there are some significant differences between the two.

So you’ve come to the conclusion it’s time to get a separation from your spouse. In Illinois, there are two different ways to end a marriage: annulment and divorce. While annulments and divorces achieve the same goal, there are some differences between them.

Annulment vs. Divorce

One of the main differences between annulment and divorce is the reason for the dissolution of the marriage. An annulment is a legal process that declares a marriage null and void. This means that the marriage is treated as if it never happened, and the parties are returned to the status of being single. In contrast, a divorce is the legal process of ending a valid marriage.

Another difference between annulment and divorce is the time frame in which they can be obtained. Annulment is typically only available within a certain time frame after the marriage has taken place. This time frame varies by state, but it is usually within a few months or a year of the marriage. In contrast, divorce can be obtained at any time after the marriage has taken place.

The state of Illinois recognizes four main grounds for annulling a marriage: illegality (void marriage), lack of consent, inability to consummate the marriage, or underage without parental consent. If a judge determines a marriage invalid, they may annul the marriage with a Judgment of Invalidity.

Obtaining an Annulment vs. Obtaining Divorce

There are also different grounds for obtaining an annulment and a divorce. Annulment is typically granted on the basis of fraud, duress, or lack of consent. For example, an annulment may be granted if one spouse tricked the other into getting married, or if one spouse was forced to marry against their will. In contrast, divorce can be granted for any reason, such as irreconcilable differences or infidelity.

Differences in Splitting Assets

Finally, there are different financial and property consequences of annulment and divorce. In an annulment, the parties are typically returned to the financial status they had before the marriage, and any property that was acquired during the marriage is divided according to state law. In a divorce, the parties may be required to divide their assets and debts in a way that is fair and equitable.

Conclusion

In summary, annulment and divorce are both legal processes for ending a marriage, but there are significant differences between the two. Annulment is a process that declares a marriage null and void, and is typically only available within a certain time frame after the marriage has taken place. In contrast, divorce is the legal process of ending a valid marriage, and can be obtained for any reason at any time after the marriage has taken place.

Why Get Legal Representation for Either?

There are several reasons why it is generally a good idea to hire a family lawyer for both annulment and divorce proceedings.

First, the legal process for both annulment and divorce can be complex and confusing, especially if you are not familiar with the legal system. A lawyer can help you navigate the process and ensure that your rights are protected.

Second, a lawyer can help you understand your options and the potential consequences of your decisions. They can explain the different grounds for annulment and divorce, and help you determine which option is best for your situation.

Third, a lawyer can represent you in court and negotiate on your behalf. If you are involved in a contested annulment or divorce, having a skilled and seasoned attorney can be especially important as they can advocate for your interests and ensure that you are treated fairly.

Fourth, a lawyer can help you protect your financial interests. Both annulment and divorce can have significant financial consequences, and a lawyer can help you understand your rights and responsibilities, and ensure that any settlement is fair and equitable.

Get in Touch Today

Overall, hiring a family law attorney can be a wise investment when it comes to annulment and divorce proceedings. A lawyer can provide valuable guidance and representation, and help you achieve the best possible outcome for your situation.

At Masters Law Group, we understand that divorce is a stressful situation and that our clients want to move on with their lives. As such, we move through settlement negotiations, mediation or litigation with our clients’ assurance and well being in mind.

Whether you are facing a contested divorce, uncontested divorce, civil union divorce, or seeking an annulment, our firm’s attorneys are ready to skillfully advocate for your position and provide your voice when you need it most.

Contact us here today to start the conversation. 

Chicago Divorce Attorneys: Working with Masters Law Group in 2023

If you are contemplating divorce or your spouse recently dropped the “D Bomb,” you may be on the fence debating whether you should hire a divorce attorney or if you should represent yourself. If you’re about to go through a divorce, here’s why you should invest in a divorce attorney.

If you are currently in a bad situation with your partner and you want to settle for divorce, you might consider getting a lawyer. When choosing a divorce attorney, there are a few factors you should consider. Experience, costs and reputation are just a few of the most important considerations.

Having a reputable attorney by your side will help ensure your interests are well-represented. Having a lawyer will also ensure that the settlement you receive is fair and your rights are protected. You will also want to know whether any loopholes in the law may result in an unfair settlement.

How to Choose the Right Divorce Attorney

You may be reluctant to hire an attorney for many reasons such as trust and associated costs, but without one, you may find yourself facing costly repercussions. Divorce is no simple feat, so having a good relationship with your divorce attorney can make the process so much easier. Maintaining good communication with your attorney will only help you in the long run.

If you live in the state of Illinois and are in need of legal representation for a family law matter, look no further. Here’s what you need to know about working with Masters Law Group in 2023.

Working With Reliable Lawyers

Reliability is key when it comes to working with a divorce lawyer. When looking at your options for lawyers, pay attention to how they communicate with you. It’s important to develop a positive rapport with your lawyer, as most divorces take several months to settle. 

Throughout the divorce process, you’ll have an array of questions, concerns, or disputes you’ll want to take care of. As such, you’ll want someone on your side who will alleviate your stress, address your concerns, and answer your questions to the best of their ability.

When we first meet with our clients, we ask them what they hope to achieve from their divorce and how they would like to feel after it is complete. We then carefully discuss their goals so that we can provide the best legal representation possible. We offer complimentary consultations so that you can get a feel for our firm before deciding whether or not we are right for you!

Google Reviews and Client Testimonials

Word of mouth advertising has always had a leg up in certain markets. For the law industry, hear-say isn’t always credible. But looking at client testimonials and reviews of previous clients that have worked for a law firm can be extremely beneficial.

Lawyers that provide high quality services will have more clients who are willing to share their experiences with other potential clients. The law industry is no different from any other when it comes to word of mouth advertising.

If you want to get a better idea about a certain law firm, then it is important that you take some time to look at client testimonials and reviews of previous clients that have worked with your lawyer. A great tool and resource is google reviews. When you type in a business name, the reviews automatically pop-up. Another way to look for testimonials is by checking out their website.

At Masters Law Group, we are fortunate to have a great relationship with many of our clients. Our reviews and testimonials truly bear witness to our commitment to our clients.

We believe that each client deserves a legal team that will be willing to go the extra mile for them. We will always provide you with honest advice and guidance on all matters related to your case.

Client Reviews:

“Erin Masters and Anthony Joseph are an amazing duo. They helped me get through my divorce. In the words of my newly ex husband “your lawyer looks like a shark.” You’re damn right they are. They will go as far as you need them to go with any battle you are going through and I love that about them. I would recommend them to anyone in need of incredible lawyers who are not only knowledgeable but keep every aspect of the process very real. Anthony and Erin thank you very much for handling my case. You are very much appreciated!”

-Bianca 

Divorce Client

 

“Masters Law Group was incredibly helpful with my divorce. Erin and Anthony were a pleasure, very responsive, efficient, and very knowledgeable. I always felt that my case was in good hands and it was a relief to trust them with the process. I highly recommend Masters Law Group to anyone needing help with a family law matter.”

-Luz

Divorce Client

A Little Bit About Masters Law Group

Recognized Best Law Firms 2023 by Best Lawyers® and U.S. News & World Report, Masters law group is located in Chicago, Illinois and handles family law matters in Cook county and other surrounding areas. They concentrate in areas such as divorce, allocation of parental responsibilities, and other family law matters. 

Masters Law Group is highly esteemed and well respected by peer review publications such as Best Lawyers, Super Lawyers, and Leading Lawyers. Our Lawyers Erin E. Masters and Anthony Joseph have been recognized by such prestigious publications numerous times. This not only speaks volume about their work–but also their character.

Having an attorney who is respected by their peers is a testament to both their work ethic and their character. When you’re facing a legal issue, having someone you can trust on your side makes all the difference.

Working with Masters Law Group in 2023

Here at Masters Law Group LLC, we’re committed to helping you achieve the best outcome in your case. With a long history of awarded recognitions in Family Law, we have a unique depth of knowledge, experience, and talent in the Family Law and Divorce field.

Our highly experienced divorce attorneys are dedicated to providing you with the best possible service. No matter what kind of case you may have—divorce, child custody or relocation—we will work tirelessly to help you get the results you deserve. We have over 10 years of experience handling family law cases and we know how important it is for our clients to feel comfortable with their lawyer. That’s why we offer free consultations so that you can meet with us before deciding whether or not to hire us.

Contact us to schedule a consultation today!

Hague Convention – International Child Abduction – San Francisco

When San Francisco courts determine custody arrangements, they ultimately consider the best interests of the child involved. However, a custody agreement can get extremely complex when the issues are international. 

The Hague Convention was enacted to protect children from international abduction and to return children to their home country residence. It also includes child custody conflicts when a parent or guardian resides in a different country to the home country of the child.

If you’re in need of legal representation to protect your rights or the rights of your child, Masters Law Group can help. We can represent parents and children in a variety of complex international abduction cases. 

Here’s everything you need to know about international abduction cases and the Hague Convention in San Francisco. 

The Hague Convention

The Hague Convention is a treaty that works to help parents whose child has been wrongfully removed from or retained from their custody by enabling them to petition for the child’s return to their country of habitual residence. A number of counties have joined this treaty which was developed by the Hague Conference on Private International Law (HCCH) and officially entered into force in December 1983. 

According to the Convention, the removal or retention of a child is “wrongful” when it breaches custody rights attributed to a person or any other body. Even if a parent already has legal custody of the child, the Convention is needed to return the child back to their habitual residence. 

The Convention’s framework allows countries to help one another find solutions for difficult custody cases where a child is abducted. This doesn’t rely on the immigration status or nationality of the child. In certain situations, a child may be wrongfully detained in another country, where they are not a resident. Violations of custodial rights happen if the child is wrongfully removed from their habitual home and are now living in a foreign country. 

Presenting a custody order is not needed to prove that a parent’s custodial rights were violated when the child was taken from their country. This can be proven by showing proof of parenthood. 

Filing a Hague Application in San Francisco

Whether or not the Hague Convention is an appropriate solution for you depends on a variety of factors. Perhaps after separating from their partner, a parent wants to take their child and move to another country. Another situation may be that a parent moved internationally in violation of a custody agreement. It’s important to know that filing a case under the Hague Convention does not automatically guarantee the child will be returned. 

To obtain the return of the child, it must be proven that:

  • The child was habitually resident in one Convention country and was removed to or retained in another Convention country.
  • The removal or retention of the child is considered wrongful and was in violation of custodial rights, and those rights were exercised at the time of removal or retention.
  • The Convention must have been in force between the two countries at the time of the wrongful removal or retention. 
  • The child is under the age of 16.

If a court decides the child must be returned to its country of habitual residence, they may make the return contingent upon certain obligations from the petitioning parents. This might include: 

  • Paying for the travel of the respondent and child to the country where the child habitually resides.
  • Arranging housing or paying for living expenses for the respondent and child in the country of the child’s habitual residence. 
  • An order that the petitioner have no contact with the respondent if the respondent returns to the country of the child’s habitual residence. 
  • An order that the petitioner will have no contact or limited contact with the child once the child returns to the country of the habitual residence. 

Getting the Legal Help You Need in San Francisco

High-stakes international child abduction cases require experienced, knowledgeable and fast-acting attorneys. Your lawyer should be ready to file a Hague Convention application and institute or defend a Hague Convention lawsuit on short notice.

Our attorneys at Masters Law Group have extensive experience in international child abduction cases.  Instead of trying to navigate international law issues alone, take advantage of the experience and knowledge of our attorneys at Masters Law Group. We are committed to vigorously representing our clients in these high-stakes proceedings. 

Contact Masters Law Group Today

The award-winning attorneys at Masters Law Group have successfully represented clients in such cases across the country and globe; including Hague cases across the United States and Internationally in New Zealand, but to name a few.

Contact us to schedule your consultation here today.

Social Media and Divorce – 5 Things You Should Know

We get it. Anger, resentment and what seems a waste of your time can lead to social media rants. But even private DMs can land you in hot water. 

When you’re going through a divorce, it can be tempting to use social media as an outlet to redefine who you are without your spouse in the picture. But while social media can be a valuable tool during this difficult time, it can also cause major problems if you’re not careful.

Recent studies show that social media is one of the leading causes of marriage breakdowns. It’s been shown that social media causes many marriages to break down because it causes trust issues between spouses and can be used against you during a divorce.

Here are five things you should know when using social media during a divorce.

Social Media Posts Can Be Used Against You

Divorce is a stressful and emotional time. Many people turn to social media to vent their frustrations, but this can have serious consequences. Posts on social media during a divorce can become evidence against you in your case.

There are two big rules to follow when it comes to social media. Don’t post about a new relationship on social media during a divorce. Posting about a new relationship can negatively affect your case because it could be deemed as adultery—a fault ground for divorce in many states. It’s always in best practice to wait until the divorce is final to begin new relationships. 

Secondly, don’t post your location. Many social media platforms track your location when you post. To avoid this, you can easily evoke location-tracking permissions from these sites. This will stop these sites from recording your location when you make a post.

Check Your Privacy Settings

You should make all of your social media accounts private during a divorce. This is to prevent unwanted attention from other people. Locking accounts prevents people who don’t follow your account from viewing your posts. Changing your passwords for all of your accounts is also a good idea. 

Have you ever shared a computer with your spouse? If so, you should change your password for all accounts, including email addresses that both of you use. It’s a good practice to use new passwords for every site you visit so that other people won’t be able to access them if they get their hands on them.

Be Mindful of Deleting Posts

It’s a common instinct to want to clean up your social media accounts when you’re going through a divorce. It’s common to not want painful reminders of happier days, or you don’t want your spouse to find any private messages or DMs between you and someone else.

But deleting posts from your Facebook or Twitter may not be as effective as you might think.

If your spouse requests the entire social media history from you during the discovery process, you must provide it. Deleting posts doesn’t necessarily delete them from Facebook or Twitter’s servers—they can still be retrieved by experts, who will charge fees for their time and efforts.

Deleting evidence may affect your reputation with your judge. Deleting or destroying evidence can be used against you in court.

Go Through Your Friends List

You and your spouse probably had mutual friends, and if you accepted friend requests from them, those friends may be reporting back to your spouse.

Spend some time going through your lists of friends and followers to unfriend or block accounts of people you believe might be sending information back to your spouse. Divorce litigation isn’t a time to worry about what your spouses’ friends will think of you—it’s about self-preservation and putting yourself first!

Just be sure not to direct them to interact with your spouse or harass them in any way—that will end poorly for everybody.

Think Before You Post

If you’re going through a divorce, it’s important to think twice before you post anything on social media. It’s especially important to be careful not to post anything that would look like bad-mouthing the other parent. Your spouse can then take that post and use it in court against you. 

Judges might not like it when parties call their decisions unfair – even if you think they are. If you choose to trash a judge in your case on social media, you may find yourself in contempt of court. If you can’t use social media to highlight the positives in your life, like being a good parent, maybe take a break from posting. Creating new posts won’t be subject to misinterpretation and can really help your case in the long run.

Final Thoughts

At Masters Law Group, our skilled attorneys understand that divorce is a stressful situation. Many of our clients are ready to move on with their lives, and as such, we move through mediation and litigation with our clients’ well being in mind. Are you facing a family law issue? Contact us today to schedule a consultation.

Hague Convention – International Child Abduction – South Carolina

Every day, children are wrongfully removed from their residing homes and taken to a foreign country, in violation of parental rights. Navigating international child abduction cases in South Carolina can be a legal minefield. During these situations, knowing your legal rights and options through the Hague Convention could prove detrimental to protecting the victims involved.

The Hague Convention on the Civil Aspects on International Child Abduction provides an expeditious method to return a child internationally abducted by a parent from one member country to another. This treaty can yield beneficial results when it’s implemented correctly and appropriately. 

Here’s everything you need to know about international child abduction and the Hague Convention for residents of South Carolina.

What is the Hague Convention? 

The Hague Convention on Civil Aspects on International Child Abduction was enacted into law through the International Child Abduction Remedies Act (ICARA) which provides that a parent whose child has been wrongfully removed from or retained their custody may petition for the child’s return to their country of habitual residence. This treaty was developed by the Hague Conference on Private International Law (HCCH) and entered into force in December of 1983. 

The countries that participate are also included in a large treaty that governs the way different legal systems work together. The two main goals were to: 

  • Create a means to ensure that judicial and extrajudicial documents to be served abroad can be brought to the notice of the addressee in sufficient time. 
  • Improve the organization of mutual judicial assistance. 

Filing a Case Under the Hague Convention in South Carolina

Filing a case under the Hague Convention doesn’t immediately guarantee the return of a child. First, the following must be demonstrated:

  1. The child was habitually residing in one Convention country and was wrongfully removed or retained to another.
  2. The removal or retention was considered wrongful if it was in violation of custodial rights and those rights were being exercised at the time of removal or retention.
  3. The Convention was in force between the two countries at the time of wrongful removal or retention.
  4. The child is under 16 years of age.

Returning of the Child

If your child/children have been wrongfully removed from your home in South Carolina and taken overseas, you need to move fast.

The return of an internationally abducted child is often settled through negotiation or with the left-behind parents filing a civil petition pursuant through the Hague Convention. Deciding whether to file a Hague application is an important decision and must be considered based on each case’s specific circumstances. If a court decides the child must be returned to its country of habitual residence, they may make the return contingent upon certain obligations from the petitioning parents. This might include: 

  • Paying for the travel of the respondent and child to the country where the child habitually resides.
  • Arranging housing or paying for living expenses for the respondent and child in the country of the child’s habitual residence. 
  • An order that the petitioner have no contact with the respondent if the respondent returns to the country of the child’s habitual residence. 
  • An order that the petitioner will have no contact or limited contact with the child once the child returns to the country of the habitual residence. 

Possible Defenses Against the Hague Convention

Under the Hague Convention, a court may deny the return of a child if one of the following applies:

  • There is a grave risk that the child’s return would expose the child to physical or psychological harm or otherwise place the child in an intolerable situation.
  • The child objects to being returned and has attained an age and degree of maturity at which the court can take account of the child’s views.
  • More than one year has passed since the wrongful removal or retention occurred and the child has settled in their new environment. 
  • The party seeking return consented to or subsequently acquiesced to the child’s removal or retention.
  • The return would violate the fundamental principles of human rights and fundamental freedoms in the county where the child is being held.
  • The party seeking return was not exercising the right of custody at the time of the wrongful removal or retention. 

Choosing a Hague Attorney for Residents of South Carolina

To ensure you have the best chance possible in your international child abduction case, you need to find an attorney who understands both the dire circumstances and the delicate interplay between federal and international law.

The award-winning attorneys at Masters Law Group have successfully represented clients in such cases across the country and globe; including Hague cases in Washington State, California and Internationally in New Zealand, but to name a few. And we’re ready to help you.

Contact the family law attorneys at Masters Law Group. Our experienced team will help you navigate the legal complexities of your case and are committed to vigorously representing you in these frightening and high-stakes proceedings. 

Contact us to schedule your consultation here today.