Tag Archive for: child custody Illinois

Meet Erin E. Masters: Partner / Family Law Mediator

Concentrating on domestic relations, including divorce, allocation of parental responsibilities, child support, and international child abduction matters, Ms. Masters is consistently recognized and trusted by regulated authorities such as Super Lawyers, Best Lawyers, Leading Lawyers, and Emerging Lawyers.

We are excited to kick off our new blog series which will introduce you to the talented members of Masters Law Group. In each post, we will spotlight an attorney from our team, sharing their professional journey, areas of expertise, and personal insights into what drives them to help clients navigate their legal challenges. Today, we are proud to introduce Erin E. Masters, founding partner of Masters Law Group and a highly respected attorney in the field of family law.

Chicago Divorce Attorney

Introducing Erin E. Masters of Masters Law Group

Erin E. Masters has dedicated her career to guiding families through some of the most challenging times of their lives. Her extensive experience and compassionate approach have earned her recognition as one of the leading family law attorneys across Chicagoland.

Erin’s legal journey began with a Bachelor of Arts degree from Indiana University, where she excelled in her studies and developed a passion for advocating for others. She went on to earn her Juris Doctor from The John Marshall Law School, now part of the University of Illinois Chicago School of Law, where she was actively involved in various legal organizations and honed her skills in litigation and negotiation.

After law school, Erin immersed herself in the practice of family law, quickly gaining a reputation for her dedication to her clients and her ability to navigate complex legal issues with empathy and precision. She is particularly known for her work in high-conflict child custody cases (parental responsibilities), where her strategic thinking and commitment to the child’s best interests shine through.

A Deep Commitment to Family Law

Throughout her career Ms. Masters has represented a variety of clients, both pre-decree and post-decree. Additionally she has prepared Prenuptial Agreements, drafted Marital Settlement Agreements and Final Allocation of Parental Responsibilities Orders, as well as prosecuted and defended Orders of Protection. Ms. Masters has also successfully litigated matters concerning modification and enforcement of child support, allocation of parental responsibilities and parenting time.

Erin’s dedication to family law goes beyond her role as an attorney. She is deeply committed to protecting the rights of parents and children, and her work often involves advocating for those who may not have a voice in the legal process. Whether she’s helping a parent navigate the complexities of international custody disputes or providing counsel during a high-stakes divorce, Erin approaches every case with the same level of care and professionalism.

Her expertise in The Hague Convention on the Civil Aspects of International Child Abduction is particularly notable. Erin has successfully represented clients in both domestic and international child abduction cases, making her a sought-after advocate for parents dealing with the heart-wrenching reality of cross-border custody disputes. Her experience in this specific area of law enables her to provide strategic guidance that protects her clients’ rights while working toward the safe return of children.

Approved Mediator & Child Representative

Erin’s divorce and family law experience means she can offer insights and alternative opportunities to deal with family disputes that lead to much happier, healthier results: Mediation.

Erin E. Masters has been approved as a Mediator for the Cook County Domestic Relations Division and offers private mediation services. As such, Masters Law Group provides mediation services and also represent clients involved in mediation. If you are looking to settle your family law matter without court intervention, contact Masters Law Group to schedule a mediation appointment.

In addition to representing clients, Ms. Masters is also a court-appointed Child Representative and has experience advocating for children in these high-conflict matters. Further, she has also been appointed by the Circuit Court of Cook County to mediate complex family law cases, especially those involving children.

Recognized Excellence and Advocacy

Throughout her career, Erin has been recognized for her outstanding legal skills and her commitment to her clients. She has been honored by Super Lawyers, an accolade that highlights her as one of the top attorneys in her field, and she is frequently sought out for her expert opinion on family law matters. Erin’s success can be attributed to her relentless pursuit of excellence, her deep understanding of the law, and her unwavering commitment to her clients’ needs.

Best Chicago Divorce Attorney 2024

In addition to her legal practice, Erin is a strong advocate for continued education and training in family law. She regularly attends conferences and workshops to stay current with the latest developments in her field, ensuring that she can provide the most up-to-date and effective representation for her clients. Erin’s dedication to learning and growth extends to her role as a mentor to younger attorneys, where she shares her knowledge and encourages the next generation of legal professionals.

Approach to Client Care

What sets Erin apart is her compassionate approach to client care. She understands that family law issues are deeply personal and often emotionally charged, and she takes the time to listen to her clients, understand their unique situations, and develop legal strategies tailored to their specific needs. Erin’s goal is to empower her clients with the information and support they need to make informed decisions about their futures.

Erin believes that effective communication is key to successful legal representation. She strives to maintain open and honest communication with her clients, keeping them informed about the progress of their cases and providing clear explanations of their legal options. Her approachable demeanor and commitment to transparency help clients feel confident and supported throughout the legal process.

Testimonials

We encourage you to read some of our recent client reviews on their first-hand experience with Ms. Masters below.

Erin is by far the best and most professional family law attorney that I have known. She is exceptional in her field of practice, honest and gets the job done. -R.P

Erin Masters is someone who is truly on your side. She was always willing to answer any of my questions or explain “lawyer language” to me. I highly recommend Masters Law Group. -N. J

Erin Masters was my divorce lawyer, and during the entire process, she remained focused and was there for me every step of the way. I highly recommend [Masters Law Group] as they surpassed my expectations in every aspect. – S.B

I highly recommend Erin Masters and Masters Law Group. My experience has been that the services rendered were not only knowledgeable and skilled but also equitable, compassionate, and sensitive. – C.A

Erin Masters helped me with my child support case. It was a tough case, but she fought for what was in my daughter’s best interest, honestly and professionally.

I trust her 110%. She has my highest recommendation! -D.H

Erin Masters helped make the divorce process as easy as possible, considering the situation. She was compassionate and caring when I was going through such an emotionally difficult time. -M.B

Erin [Masters] helped me bring an end to a three year long divorce with a person that insisted on fighting over every little detail. You cannot find better representation. -P.B

I needed a lawyer to help me through my parental responsibilities case. I researched hundreds of lawyers in the area and finally found Erin. She fought hard, and I felt like we came out on top every time. – K.C

Balancing Work and Life

Outside of the courtroom, Erin is a dedicated wife and mother, and active member of her community. She understands the challenges of balancing a demanding career with family responsibilities, and she brings this perspective into her practice. Erin’s ability to empathize with her clients on a personal level helps her connect with them in a meaningful way, providing not just legal guidance but also emotional support during what can be a very difficult time.

Erin is also passionate about giving back to her community. She is involved in various charitable organizations and often participates in pro bono work, using her skills to assist those who might not otherwise have access to legal representation. This commitment to service reflects Erin’s belief in the importance of helping others and making a positive impact in her field.

Looking Ahead: Erin’s Vision for Family Law

Erin’s vision for the future of family law is one that prioritizes the well-being of families and promotes fair, equitable outcomes. She is committed to advocating for changes in the legal system that better protect children and support parents through the legal process. Erin’s goal is to continue to provide high-quality, compassionate legal services to her clients while helping to shape the future of family law in a way that reflects the evolving needs of families today.

As Erin continues her work at Masters Law Group, she remains dedicated to her clients and her mission of providing exceptional legal representation. Her expertise, compassion, and unwavering commitment to justice make her an invaluable asset to her clients and a respected leader in the field of family law.

Connect with Erin E. Masters

If you or someone you know is facing a family law issue in DuPage County, Cook County or across the Greater Chicago area, Erin E. Masters and the team at Masters Law Group are here to guide you every step of the way. With a client-centered approach and a track record of success, Erin is dedicated to providing the legal support you need to navigate even the most challenging situations.

Stay tuned for the next post in our Meet the Team series, where we’ll introduce you to another outstanding attorney at Masters Law Group. In the meantime, if you would like to learn more about Erin or schedule a consultation, please visit our website at Masters Law Group.

 

     

Divorce vs. Legal Separation

There are numerous options available for couples facing challenges in their marriage. Two common actions that couples consider are divorce and legal separation. Understanding the distinction between these two choices is crucial in Illinois when making life-changing decisions.

Navigating divorce and legal separation in Illinois brings up a multitude of legal factors and emotional concerns. In this blog, our experienced Illinois-based Divorce and Family Law attorneys explore the differences and provide insight into the unique aspects of each process. 

Divorce vs. Legal Separation

Before delving into the process, it’s essential to understand some fundamental differences in an Illinois divorce or separation. A divorce terminates marriages, freeing both parties to remarry. On the other hand, a legal separation does not dissolve the marriage. Instead, it provides a legal framework for spouses to separate while addressing child custody and property division issues. Let’s take a deeper look at what each option entails.

Illinois Divorce

Divorce is a legal process that results in the termination of a marital union, allowing both spouses to return to the status of single individuals. The primary aspect of divorce is that it terminates the legal relationship between partners. Divorces divide not only their physical assets but also their debts, responsibilities, and future rights.

To file for divorce in Illinois, at least one of the spouses must have been a state resident for at least 90 days. This residency requirement ensures that the case gets filed in the appropriate jurisdiction. It’s crucial to note that Illinois is a no-fault divorce state, which means that you don’t have to prove wrongdoing or assign blame for the marriage breakdown. 

The only recognized ground for divorce is “irreconcilable differences,” which signifies that the marriage has broken down beyond repair. After the legal proceedings, the court issues a divorce decree addressing the division of property, spousal support (if applicable), child custody (Parenting Time), visitation, and child support arrangements.

Illinois Legal Separation

A legal separation is an alternative option for couples who wish to live apart and establish legally binding arrangements while remaining married. Unlike divorce, legal separation doesn’t dissolve the marriage itself. Instead, it outlines each spouse’s responsibilities, rights, and obligations, similar to a divorce decree, but without terminating the marital status.

People in Illinois seek legal separation for various reasons, including religious or personal considerations. It allows couples to establish specific terms related to property division, spousal support, child custody, visitation, and child support. Legal separation protects both parties, as they can enforce the terms outlined in the separation agreement through court orders.

Key Differences and Considerations

Divorce can have various emotional effects on you and your family, depending on the separation’s circumstances. It is essential to be aware of these potential effects and address them proactively. Let’s take a look at how some of these issues vary.

  • Parenting Time: Parenting Time (formerly called Child Custody) and support are crucial in divorce or legal separation cases involving children. Illinois courts prioritize the child’s best interests when determining parenting time arrangements and support payments.
  • Emotional Impact: Divorce often carries a more profound emotional impact, given that it signifies the end of the marital relationship. Legal separation can be viewed as a temporary arrangement, allowing couples to reassess their situation.
  • Religious or Personal Issues: Legal separation allows couples with religious or personal differences another avenue for divorce. It offers them a middle ground between maintaining their marriage and living apart.
  • Financial Considerations: Both divorce and legal separation address financial matters, but the implications may vary. Consulting legal and financial professionals is essential to ensure that your rights and assets are adequately protected.
  • Property Division: Illinois follows the principle of equitable distribution, which means that marital property is divided fairly but not necessarily equally between spouses. We must consider factors like the length of the marriage, the contributions of each spouse, and their financial circumstances.

Divorce and Legal Separation Process

Divorce and legal separation: Each option has its outcomes and impacts. To start either process, one spouse (called the petitioner) must submit a request to their circuit court.

Both divorce and legal separation involve similar legal procedures. These procedures can include discussions, mediation, and court hearings. Opting for a legal separation lets spouses keep certain marital benefits, like health insurance coverage. On the other hand, divorce brings more significant changes, such as the freedom to remarry and the end of spousal benefits.

If you want a legal separation, you can submit a Petition. This document states that you and your spouse live separately, including information similar to a Petition for Dissolution of Marriage.

You must file for legal separation in the county where:

  • Your spouse resides; OR
  • You and your spouse last resided as husband and wife; OR
  • If your spouse cannot be found in Illinois, the county in which you reside.

Remember, every case is different, and the legal steps may vary. It’s a good idea to consult a family law attorney to understand the process and consequences of divorce and legal separation in Illinois.

Divorce Mediation

If neither divorce nor legal separation sounds like the ideal outcome to your situation, there is another way to settle disputes: mediation.

Mediation is a form of alternative dispute resolution (ADR) that involves a neutral third party who facilitates communication between the parties to help them reach a mutually beneficial solution. Unlike a judge, the mediator does not make decisions for the parties; instead, they help the parties reach their agreement.

Mediation typically begins with both parties meeting with their mediator to discuss the issues at hand. The mediator then facilitates communication between the parties, helping them to identify and address their concerns. Once an agreement is reached, the mediator will draft a written contract that both parties can sign.

In some cases, mediation may not be successful. However, even in these situations, the parties may better understand each other’s positions and concerns, making future negotiations more straightforward.

Working With a Family Law Attorney

If you’re looking for a top lawyer in Illinois, consider working with the skilled attorneys at Masters Law Group. Masters Law Group is located in downtown Chicago, covering divorce cases in Cook County and surrounding regions. Our focus areas include divorce, legal separation, mediation, and other family law issues.

Our senior attorneys, Erin E. Masters, and Anthony G. Joseph, have been recognized by prestigious publications such as Best Lawyers, Super Lawyers, and Leading Lawyers, ensuring you have someone you can trust during your divorce. Furthermore, Erin E. Masters has been approved as a Mediator for the Cook County Domestic Relations Division and offers private mediation services. If you want to settle your family law matter without court intervention, contact Masters Law Group to schedule a mediation appointment.

If you’re considering a divorce, legal separation, or mediation services in Illinois, you don’t have to go it alone. Our dedicated attorneys are ready to skillfully advocate for your position and provide your voice when needed. Servicing Cook, Will, Lake, and Dupage counties, our attorneys can help guide you through the process and protect your rights every step of the way.

Contact us today to schedule a complimentary consultation and learn how we can support you through your divorce or legal separation.

Illinois Child Custody Basics: Allocation of Parental Responsibilities

Legally speaking, the term “child custody” is now called “parental responsibilities“. This includes parenting time and decision-making power. If you live in Illinois and are engaged in a custody battle for your child, you should know the basic rules and be able identify specific factors that courts consider in making custody decisions.

In a divorce proceeding, determining who will have residential custody of a child can be the most emotionally difficult part of the entire process. If you are a parent who is considering ending your marriage, you probably have concerns about how you and your ex-spouse will share responsibility of your child/children. Some couples are able to come to a custody agreement between themselves, however for many, couples require legal and court intervention.

FACTS ABOUT ALLOCATION OF PARENTAL RESPONSIBILITIES AND GUARDIANSHIP

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.

ILLINOIS-SPECIFIC LAWS

Illinois law encourages the “maximum involvement and cooperation of both parents regarding the physical, mental, moral, and emotional wellbeing of their child.” However, if the parents appear unable to agree on decisions about the major aspects of a child’s upbringing, the court is must decide how to allocate each of these responsibilities.

Illinois allocation of parental responsibility laws stipulate that children 14 and older may choose which parent to live with, but the judge may overrule this decision if he or she determines the child’s decision is not in his or her best interests. A parenting plan generally recognizes the following:

  • The continuity of the parent-child relationship typically is in the child’s best interest.
  • The needs of children change and grow as they mature.
  • Custodial parents make daily decisions (including emergencies) while child is with that particular parent.
  • Both parents are to have access to a child’s official records

Parenting responsibility plans also identify how children spend birthdays and other holidays (plus iron out details such as transportation arrangements, when supervision is required and other considerations.)

The newest changes made to Illinois child custody law were made back in 2016.  Highlights of those changes include:

  • As mentioned above, “custody” and “visitation” have been replaced with “allocation of parenting time and responsibilities” to describe when each parent is responsible for the child and what those responsibilities entail during that time.
  • The terms “joint decision-making” and “sole decision-making” have been added to describe whether one or both parents must make decisions about education, religion, medical care and extra-curricular activities.
  • A court order is required for the custodial parent to move more than 25 miles from their current location if they live in the Chicago metropolitan area.  If the residence is outside of the metropolitan area, a court order is required for a move greater than 50 miles.

GETTING STARTED

Beginning the allocation of parental responsibilities process can vary from county to county, but in general, this the steps to follow include:

  1. Familiarize yourself with your county’s rules. Consider seeking legal representation.
  2. File a petition. The petition may be submitted independently or as part of a divorce, separation, order of protection or parentage case. You must file all forms electronically, unless you have been granted an exemption.
  3. Notify the other parent you are asking for a certain amount of parental responsibilities. To do this, you must serve them a “summons” along with the filed petition. The server may be a sheriff’s deputy, a private process server, a private investigator or — with permission from the court — an adult with no relation to the case.
  4. Wait to hear from the other parent. The other parent has 30 days to respond.  If the parent does not respond, ask the court for a default judgment.
  5. File a parenting plan. Each parent has 120 days from the initial filing to submit a proposed parenting plan. These plans help the judge make custody decisions.

Masters Law Group LLC focuses on helping clients assert their rights to further the best interests of their children. We help clients put aside their grief and educate them about their options in child allocation of parental responsibilities.

If you are in the midst of a dispute regarding the allocation of parental responsibilities, contact our experienced attorneys here today.