Tag Archive for: family law attorney

Understanding Illinois Visitation and Allocation of Parental Responsibilities

Understanding parental responsibilities and parenting time in Illinois is essential for anyone navigating a divorce or separation involving children.

The traditional terms ‘custody’ and ‘visitation’ have evolved into ‘parental responsibilities’ and ‘parenting time.’ This reflects a child-centered approach, helping to emphasize shared responsibilities over control. These laws prioritize the child’s best interests and outline each parent’s roles and duties.

While navigating this legal landscape can be challenging, having the right support can help you confidently manage these responsibilities and protect your family’s future. Whether you’re working through a cooperative agreement or facing a contentious situation, having a knowledgeable advocate by your side makes all the difference. Masters Law Group is here to guide you through this critical time. Here’s what you need to know.

What Are Parental Responsibilities in Illinois?

Parental responsibilities include two main categories: 1) Allocation of responsibilities (legal custody) and 2) Parenting time (visitation). Parenting time is a schedule that shows when each parent spends time with the children. This schedule is created and approved by a judge in family court. If the parents can’t agree on the schedule, the judge will decide what’s best for the child and assign a schedule for the parents.

Allocation of parental responsibilities refers to the decision-making obligations each parent will have on behalf of the child. Parents can agree to make these decisions together or divide them into categories, which should cover the following:

  • Education
  • Health
  • Religion
  • Extracurricular Activities

If the parents cannot agree to divide these responsibilities, an Illinois family court judge will allocate them. Let’s examine the three types of parental responsibilities.

Types of Parental Responsibility Allocations

In Illinois, there are three primary types of parental responsibility allocations:

  • Joint Allocation: Both parents share decision-making responsibilities in major areas of the child’s life. It does not necessarily mean equal parenting time but requires cooperation between parents.
  • Sole Allocation: One parent can make all significant child welfare decisions. The other parent still maintains parenting time unless otherwise restricted.
  • Shared Allocation: Similar to joint allocation, but generally applies when the child spends equal time with both parents and resides within the same school district.

Determining Parental Responsibilities

Parental responsibilities are determined with the primary goal of serving the child’s best interests. The court takes a comprehensive approach, considering various factors to help ensure that the final decision supports the child’s well-being and development. Key factors the court considers include:

  • The child’s wishes (depending on age and maturity).
  • The mental and physical health of all parties.
  • The relationship between the child and each parent.
  • The child’s adjustment to home, school, and community.
  • Any history of violence or abuse in the household.

It’s important to note that Illinois law does not automatically favor mothers over fathers. Both parents are considered equally, and responsibilities are allocated based on what will best serve the child’s interests.

Modifications of Parental Responsibilities

Life changes and parenting plans may need to change as well. If significant circumstances arise, such as relocation, shifts in the child’s needs, or changes in a parent’s lifestyle, modifying the existing parenting plan may become necessary. Illinois courts are open to adjusting parental responsibilities when such modifications serve the child’s best interests.

Common Reasons for Modifications:

  • Changes in the Child’s Needs: If the child’s physical, emotional, or educational needs evolve, adjustments may be necessary.
  • Alterations in a Parent’s Living Situation: Significant changes, such as relocation, job loss, or health issues, can impact a parent’s ability to fulfill their responsibilities.
  • Shifts in the Child’s Relationship with a Parent: Modifications may be warranted if the child’s bond with one parent has significantly strengthened or weakened.

Parenting Time: Understanding the Basics

Parenting time is the schedule that dictates when the child will spend time with each parent. It focuses on the child’s day-to-day experiences and maintaining a stable routine. While both parties typically agree upon this, the court can step in when necessary to establish an arrangement that supports the child’s best interests. When one parent fails to comply with the parenting schedule, legal enforcement can help maintain stability for the child. Enforcement actions may include:

  • Penalties: The court may impose fines or require the non-compliant parent to cover legal fees.
  • Mediation: Mandated sessions may help resolve disputes and encourage cooperation.
  • Makeup Parenting Time: Granting additional time to compensate for missed visits due to non-compliance.

If you have any legal questions or concerns about modifying or enforcing a parenting plan, it’s essential to consult with an experienced family law attorney. They can provide tailored advice and represent your best interests throughout the process.

Key Differences Between Parental Responsibilities and Parenting Time

When navigating parenting arrangements, “Allocation of Parental Responsibilities” and “Parenting Time” define a parent’s involvement in their child’s life. While both are critical, they address different aspects of parenting following a separation or divorce. Here’s how they differ:

  1. Decision-Making vs. Time Spent: Allocation of parental responsibilities focuses on who makes key decisions about the child’s upbringing, whereas parenting time pertains to the schedule of physical time spent with each parent.
  2. Legal vs. Physical Custody: Parental responsibilities involve legal rights regarding decision-making, while parenting time refers to where and when the child spends time with each parent.
  3. Shared vs. Sole Arrangements: Both parental responsibilities and parenting time can be shared or allocated to one parent, depending on what’s best for the child.

Understanding these distinctions empowers parents to navigate parenting plans more effectively and reach agreements prioritizing their child’s well-being. Partnering with a family law attorney can provide the guidance needed to manage these complexities confidently.

How Masters Law Group Can Help

Navigating the complexities of Illinois parental responsibilities can be challenging, but you don’t have to do it alone. Masters Law Group is experienced in handling family law cases, including those involving parental responsibilities. Here’s how we can help:

  1. Legal Guidance: We provide clear, informed advice to help you understand your rights and obligations under Illinois law.
  2. Tailored Strategies: Every family is unique, and we work closely with you to develop a parenting plan that best meets your child’s needs while protecting your parental rights.
  3. Mediation and Negotiation: Whenever possible, we aim to resolve disputes amicably through mediation, minimizing stress and preserving relationships.
  4. Court Representation: If your case requires litigation, we have the experience to represent you effectively in court and advocate for your child’s best interests.
  5. Post-Decree Modifications: We can assist with modifying parenting plans if your circumstances change and help ensure that any modifications are legally sound and in your child’s best interest.

Final Thoughts

The allocation of parental responsibilities helps ensure that both parents play a meaningful role in their child’s life, prioritizing the child’s well-being above all. At Masters Law Group, we know how overwhelming this process can be. That’s why we’re dedicated to providing you with the knowledgeable legal guidance needed to make informed decisions. Let us help you protect your rights and your child’s future.

Contact us today to learn more or to schedule a consultation.

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.

 

     

How a Divorce Attorney Can Help Achieve Peace

Divorce can be one of life’s most challenging and emotionally taxing experiences. However, it doesn’t have to be a battleground filled with anger, resentment, and endless legal battles.

A peaceful divorce is possible if both parties are willing to work together and prioritize communication, compromise on conflicting preferences, and focus on the emotional well-being of their children. Here, we will explore tips to help you achieve a harmonious divorce, all with the guidance of a seasoned divorce attorney. Here’s what you need to know.

Maintain Open and Honest Communication

At the heart of any peaceful divorce lies open and honest communication. Both partners must work together to communicate their feelings, concerns, and expectations. Doing so can help establish a foundation of trust and clarity that goes a long way in preventing misunderstandings and unnecessary conflicts.

Consider involving a mediator, therapist, and/or divorce attorney if you encounter difficult conversations or find communicating challenging. These professionals can provide guidance and a neutral environment to facilitate productive discussions, ultimately helping both parties work towards fair and mutually agreeable resolutions.

Remember that a commitment to open and honest communication benefits you and your ex. It creates a more stable and supportive environment for any children involved, as they can witness healthy conflict resolution and cooperation during a challenging time.

Consider Mediation

Opting for mediation instead of a traditional courtroom battle can significantly reduce stress and promote cooperation. The mediator’s role is to facilitate the negotiation process, help both parties understand each other’s perspectives, and explore alternative options for resolving disputes. The mediator does not make any decisions for either party but instead reinforces they have equal opportunities to voice their opinions and arrive at a mutually agreeable outcome.

Mediation can be an effective option for couples willing to work together and compromise to achieve a positive outcome. It’s particularly useful for couples who have children, as it can help reduce the stress and trauma that children often experience during a divorce. A divorce attorney can represent you during these processes, working to reach a fair and mutually acceptable settlement with your spouse. 

Prioritize the Well-being of Your Children

If you have children, their well-being should be your top priority. Maintain a united front when it comes to co-parenting decisions. Create a comprehensive parenting plan that outlines responsibilities, schedules, and guidelines. Keep children out of adult conflicts and reassure them of your love and support.

Whether it’s parenting time, asset division, or spousal support, your divorce attorney will help that your voice is heard and that the court’s decision is fair and aligned with your best interests. Furthermore, during court proceedings, your divorce attorney can address unexpected challenges and legal objections and help ensure that all legal procedures are followed diligently. 

Their presence in court assures you that you have a dedicated legal professional fighting on your behalf, helping you navigate the complexities of the judicial process during an emotionally challenging time.

Seek Emotional Support

Going through a divorce can be emotionally challenging for everyone involved. It’s vital to recognize the emotional toll it can take and take proactive steps to seek emotional support. You can turn to friends family members, or consider getting help from a therapist to assist you in coping with the stress and grief that comes with the divorce process. Prioritizing your mental and emotional well-being is a fundamental aspect of achieving a peaceful divorce.

Letting go of anger and resentment is a cornerstone of a peaceful divorce. Instead of harboring feelings of revenge or striving to “win” the divorce, focus on achieving fairness and equity for both parties. Getting the help of an experienced divorce attorney can help you further embrace these principles and lead to a more constructive and less acrimonious divorce process.

Work With A Divorce Attorney

If you’re currently residing in Illinois and seeking a divorce attorney to assist you in finalizing your divorce, Masters Law Group is here to provide the support you need. Our team of experienced divorce attorneys and mediators is fully prepared to advocate for you and your family.

Erin E. Masters and Anthony G. Joseph have consistently earned recognition from esteemed publications year after year, a testament to their unwavering work ethic, strong character, and experience in family law. Our track record of success reassures you have a trustworthy ally throughout your divorce proceedings.

GOOGLE REVIEWS AND CLIENT TESTIMONIALS

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

Client Reviews:

“ Masters Law Group was incredibly helpful with my divorce. Erin and Anthony were a pleasure; they were 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 G.

Divorce Client

 

“I highly recommend Masters Law Group. This was a very long and drawn-out divorce. Still, Erin and Anthony always seemed to be one step ahead of the opposing counsel, and nothing was a surprise, only anticipated with appropriate protections in my favor. I was able to finalize my divorce on favorable terms and am very happy with the outcome. I can’t thank Erin and Anthony enough for their patience, understanding, and expertise throughout this difficult time.”

-Giancarlo B.

Divorce Client

Final Thoughts

A peaceful divorce becomes achievable when both parties commit to open communication and cooperation—placing the well-being of all involved, especially children, at the forefront. Keep in mind that divorce is a journey, and with the right mindset and support, you can navigate it to pave the way for a brighter future for everyone.

If you’re ready to begin your journey toward a peaceful divorce, contact us today to schedule your complimentary consultation.

SOPHIE TURNER AND JOE JONAS: THE MEDIATION PROCESS

Sophie Turner and Joe Jonas have recently entered into mediation to address custody matters and establish a parenting plan for their children. The legal representatives for the couple revealed that both parties would engage in a four-day mediation session.

While Judge Katherine Polk Failla had set a trial date for January 2, the mediation process could potentially resolve a significant portion of Turner and Jonas’ custody disputes. During a recent court appearance, Stephen Cullen, Turner’s attorney, asserted that Jonas is seeking joint custody, expressing a desire for a balanced 50-50 arrangement. 

How it Started: The Hague Convention

Actress Sophie Turner initiated a Hague Convention petition claiming her estranged husband, singer and actor Joe Jonas, ‘will not consent’ for their children to ‘return’ to England with her via The Hague Convention on Civil Aspects of International Child Abduction.

Best known for playing Sansa Stark on HBO’s Game of Thrones, Turner said in her petition that the couple had planned to raise their daughters in her native country. It also said the girls “are both fully involved and integrated in all aspects of daily and cultural life in England”.

International family law can be complex and challenging, especially concerning child custody disputes. The Hague Convention on the Civil Aspects of International Parental Child Abduction, aka The Hague Convention, is an international treaty that protects children from parental abduction across international borders.

The Hague Convention of 25 October 1980 on the Civil Aspects of International Child Abduction (1980 Hague Convention) is a multilateral treaty that establishes proceedings for the prompt return of children who have been wrongfully removed or kept away from their home country. Currently, there are 101 Contracting States to the Hague Convention. Including the United States and the United Kingdom.

The Significance of Mediation

The decision to pursue mediation comes after Turner’s legal action against her estranged husband, where she sued him for wrongful retention. The complaint against the musician demanded the “immediate return of children wrongfully removed or wrongfully retained,” with Turner’s legal team contending that this “wrongful retention” had begun on September 20, according to PEOPLE.

In response to Turner’s complaint, Jonas countered by expressing his disagreement with her claims, asserting that they had previously reached an agreement to collaborate on a co-parenting plan. Mediation, in essence, operates like having a peacemaker, known as a mediator, who facilitates constructive dialogue and guides individuals in dispute toward a mutually acceptable resolution.

This approach proves especially valuable for parents navigating the challenges of divorce or separation. Mediation provides a nurturing and non-adversarial environment where parents can address issues related to their children and the arrangements for their care.

Now, let’s delve deeper into how mediation can deliver benefits in high-profile cases like this and the everyday scenarios that many families encounter.

Privacy Preservation

One of the key benefits of mediation is the preservation of privacy. Mediation takes place behind closed doors, shielding sensitive family matters from the prying eyes of the media and the public. In traditional courtroom battles, the personal and often intimate details of a family’s life are exposed as evidence is presented, and testimonies are heard. In contrast, mediation focuses on resolving issues without delving into the nitty-gritty of personal lives. This helps protect the privacy and dignity of the parties involved, allowing them to maintain control over what remains private and what is disclosed.

High-profile couples like Sophie Turner and Joe Jonas often attract media attention, and their personal lives become fodder for tabloids and social media. They can minimize the sensationalism and public spectacle surrounding their family matters by choosing mediation. This benefits the couple and helps shield their child from unnecessary public scrutiny.

Maintaining Control

Mediation empowers parents to maintain control over the outcome of their custody and parenting arrangements. This open dialogue can be invaluable in addressing concerns and resolving conflicts constructively. Parents can voice their perspectives, express their desires, and collaboratively explore compromises through mediation. 

Families are dynamic and ever-evolving entities. What works today may not be suitable tomorrow. Mediation acknowledges this reality and allows for adjustments to the parenting plan over time. Parents can return to mediation to revise their arrangements as children grow and circumstances change. This adaptability is a significant asset, ensuring the parenting plan remains relevant and effective throughout the child’s development.

Child-Centered Approach

Regardless of the case’s profile, it’s imperative to maintain a child-centered approach throughout legal proceedings. Mediation helps foster an environment where parents are encouraged to set aside their differences and collaborate for the betterment of their children. Mediation promotes open communication and cooperative problem-solving rather than resorting to adversarial court battles.

This child-centered approach often yields more sustainable and child-friendly solutions. It allows parents to tailor agreements that best suit their children’s needs and circumstances. By focusing on the well-being and future of the children involved, we aim to provide legal guidance and a compassionate and holistic approach to resolving family disputes.

Challenges and Considerations

While mediation offers numerous advantages, it’s essential to recognize that it may not be suitable for every case. In such cases, litigation might be the only recourse to protect their children’s best interests. It’s worth noting that each family’s circumstances are unique, and the choice between mediation and litigation should be carefully considered. Ultimately, the goal is to find the most appropriate and effective means of resolving disputes while safeguarding the welfare of the children involved.

Last Thoughts

Sophie Turner and Joe Jonas’s decision to pursue mediation to address their custody issues and parenting plan is commendable. It showcases their commitment to providing their children with a stable and loving environment while preserving their privacy and control. Mediation can be a valuable tool for all parents, whether in the public eye or not.

Ultimately, the success of Sophie and Joe’s mediation will depend on their willingness to collaborate and prioritize their children’s needs. Regardless of the outcome, their choice to pursue mediation sets a positive example for others facing similar challenges. Sophie and Joe are setting the example that child-centered solutions are achievable, even in the spotlight of Hollywood.

A trial date has been set for just after the new year on Jan. 2. Turner’s lawyer Stephen Cullen hopes the trial will “proceed in parallel track to [the] mediation,” according to the outlet.

Read the full People article here. 

STAY UP TO DATE WITH MASTERS LAW GROUP

Keeping yourself informed about legal developments is crucial, especially in areas as intricate as divorce mediation and parenting time conflicts. The Jonas/Turner case is just one example of the complex issues that can arise in these matters.

By staying updated with Masters Law Group, you empower yourself with the knowledge to help you make informed decisions about your legal situation. Our commitment to providing timely updates and insights aims to support you in your journey through the legal landscape.

 

Family Child Abduction

The National Center for Missing and Exploited Children estimates that approximately 200,000 of the 260,000 children abducted each year are taken by a parent or other family member. Family Child Abduction is a very serious criminal offense that can have devastating effects on children and parents.

Family child abduction is illegal in every state, and it is often treated as a felony-level offense that can result in prison upon conviction. In many cases, family abductions occur in the midst of bitter divorce or child custody battles. The child may be kept beyond a court allotted visitation period or the parent may pick up the child from school or daycare without permission and not return the child. In other cases, a child may be abducted by a family member and may face physical or sexual abuse.

The Frightening Family Abduction Statistics

David Finkelhor, director of the Crimes against Children Research Center at the University of New Hampshire, led a team of researchers who sought a better estimate of the prevalence of family abduction. They used data from three waves of the National Surveys of Children’s Exposure to Violence (NatSCEV), sponsored by the U.S. Department of Justice and Centers for Disease Control and Prevention. In 2008, 2011 and 2014, the surveys asked children aged 10 to 17 years about their life experiences. Information about children aged 9 and younger was gathered from caregivers.

Some key findings:

  • 4 percent of children in the sample had experienced family abduction and 1.2 percent had experienced it within the past year. Based on this information, the researchers estimate that 875,000 children a year – 12 per 1,000 — are either abducted by a relative.
  • Parents were the perpetrators in more than 90 percent of abductions. Mothers and female family members were responsible for the majority – 60 percent. However, fathers and male relatives were responsible for 64 percent of all abductions.
  • Children who have been abducted are more likely to be from low-income households and have separated, estranged or divorced parents. In two-parent families, an estimated nine children per 1,000 experience an abduction compared to 84 per 1,000 in single-parent households.
  • 43 percent of abductions were reported to the police, including 86 percent of family abductions.

If you are facing a family abduction matter, call the police immediately. These cases are treated very seriously and many AMBER alerts that are issued stem from family abductions. Even where the child may not face an imminent threat of physical harm, law enforcement will treat these types of abductions as high priorities and will work to return the child to his or her parent.

International Family Abductions

International child abduction is a distressing problem that impacts numerous families worldwide. This issue has profound emotional, psychological, and legal implications for those involved. Due to the increasing ease of international travel, these cases are sadly on the rise.

But what classifies as International Parental Child Abduction? As per Travel.State.Gov, international parental child abduction is the removal or retention of a child outside their country of habitual residence in breach of another parent or guardian’s custody rights.  The Office of Children’s Issues within the U.S. Department of State is a leader in U.S. government efforts to prevent international parental child abduction (both from the United States and to the United States), help children and families involved in abduction cases, and promote the objectives of the Hague Abduction Convention.

Causes and Factors of International Child Abduction

A variety of factors drive international child abduction. Child abduction often occurs after separations, divorces, or custody disputes. Let’s take a look at some additional factors that contribute to international child abduction:

  • Cultural and Economic Reasons: Globalization and increased international mobility have prompted some parents to return to their native countries, often taking their children. These reasons are often influenced by a desire to maintain cultural connections, be closer to extended family, or seek better economic opportunities in their home nation.
  • Fear of Child’s Well-being: Concerns about the child’s safety in the other parent’s environment can drive some parents to abduct their child when they believe it offers better conditions.
  • Parental Alienation: In some cases, one parent might feel alienated from the child due to actual or perceived biases in the custody proceedings. Parental Alienation can foster desperation, prompting the alienated parent to resort to drastic measures like abduction to regain control over the situation.
  • Lack of Robust Legal Framework: Different legal systems and international treaties across countries are challenging. Not all countries are part of the Hague Convention of Civil Aspects. The lack of a legal framework in certain countries creates loopholes that abducting parents might exploit. The absence of streamlined procedures for cross-border child custody disputes can complicate efforts to prevent international abduction.

To effectively tackle the underlying issues of international child abduction, it’s essential to take a thorough approach. An effective process might involve enhancing parents’ communication and establishing robust support systems. We can work together to prevent the detrimental effects of international child abduction families by addressing these factors across borders.

Preventing  Child Abduction

When parents can’t agree on where a child should live, working with an attorney experienced in child abductions can help. If you think the other parent has taken your child, here’s what you can do:

  1. Get a Court Order or Custody Decree: It’s essential to have a clear court order that outlines custody arrangements and travel restrictions. This order can help prevent unwanted travel with the child. Court orders can also address matters like passports and custody details.
  2. Consult a Child Abduction Attorney: Talk to an attorney who knows about these situations. They can help you understand your options and might suggest getting an order that stops the child from leaving the country.
  3. Look for Warning Signs: Watch for sudden changes in the other parent’s life, like quitting a job or selling a home. These changes could indicate plans to move. You can find more information on our Resources for Parents page.
  4. Tell the Police and Share Court Orders: Inform the local police about the situation and give them copies of your court orders, including any custody, protection, or restraining orders you have.
  5. Contact a Foreign Embassy or Consulate: If your child is a dual national of another country, consider contacting that country’s embassy or consulate.
  6. Know About Travel Rules: The United States doesn’t have strict rules for children leaving the country. Even without both parents’ agreement, a child can cross borders. Without a clear court order saying otherwise, it can be challenging for law enforcement to stop an abduction.

If you believe your child has been abducted, always start by calling the police.

Work With a Child Abduction Attorney 

Dealing with international child abduction situations presents significant challenges for parents and children. Seeking the assistance of a child abduction attorney is a crucial step in ensuring the safe recovery of your child.

Taking swift action is necessary if you ever face a child abduction case. In such situations, partnering with an experienced child abduction attorney is needed. Their experience becomes crucial for initiating a Hague Convention application for scaling a defense against any Hague Convention-related legal actions. 

Erin Masters and Anthony Joseph are highly experienced in handling disputes related to international child abduction, particularly within the jurisdiction of the State of Illinois and the United States federal court system. Voted 2023’s Best Lawyers® in America 2023, Masters Law Group is focused on solving problems and achieving the best possible result for our clients, and more importantly, any children involved. 

Contact us to set up a complimentary consultation today to discuss your situation.

The Hague Convention and Family Law: FAQs

Parental child abduction is a living nightmare for parents and families across the globe. But what happens when your child is taken overseas? Continue reading here to find out.

Living in an interconnected world makes it easier for families to extend across international borders. However, this can lead to legal challenges that require cross-country cooperation and understanding.  The Hague Convention on Civil Aspects of International Child Abduction (“The Hague Convention”) is a treaty that many countries, including the United States, have joined. Its purpose is to protect children and their parents from the harmful effects of this growing crime.

If you have urgent questions or suspect you may face the scenario of International Parental Child Abduction in the future, here are some key questions and answers that could help.

FAQ 1: What Is The Hague Convention?

The Hague Convention on Civil Aspects of 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 1983.

There are over 93 countries that participate in the treaty. This treaty governs the way other countries’ legal systems work together. There were two specific goals in mind at the time of The Hague Services Convention’s formation:

  • 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.

FAQ 2: How Important is Habitual Residence?

Habitual residence is a crucial concept within the Hague Convention. It refers to where a child has established a regular, integrated, and stable life. Determining habitual residence is essential in deciding which country’s legal system should govern issues like custody and visitation. This prevents parents from moving their children to another country to gain a legal advantage in custody disputes.

A left-behind parent pursuing their child’s return must demonstrate that the child was subjected to wrongful removal or retention per the Convention’s definition. It involves proving that the child’s habitual residence was in a foreign country immediately before the alleged illegal action occurred. The left-behind parent must also confirm their custody rights during the purported wrongful removal or retention.

FAQ 3: What issues arise in cross-border disputes under the Hague Convention?

There an infinite issues that could arise when dealing with international disputes. Often, many challenges intertwine legal, cultural, and jurisdictional complexities. While the Hague Convention emphasizes the prompt return of abducted children, certain exceptions exist, known as Hague Convention Defenses:

Defense 1: That the petitioner (parent seeking the return of the child) was not “actually exercising custody rights at the time of the removal or retention” under Article 13.

Defense 2: The petitioner “had consented to or acquiesced in the removal or retention” under Article 13.

Defense 3: More than one year passed from the time of the wrongful removal or retention until the date the petitioner commenced a judicial or administrative proceeding for the child’s return under Article 12.

Defense 4: The child is old enough and has a sufficient degree of maturity to knowingly object to being returned to the petitioner. It is appropriate to heed that objection under Article 13.

Defense 5: That “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,” under Article 13(b), and

Defense 6: That return of the child would subject the child to violation of basic human rights and fundamental freedoms under Article 20.

Furthermore, when a child has dual nationality, conflicts might arise regarding which country’s laws should be applied. Effective communication between the legal systems of different countries can also be hindered by language barriers, slowing down the resolution process. As these cases touch upon the sensitive matters of a child’s welfare and custodial rights, working with an established Hague Convention Attorney can help guide you through these challenging scenarios.

FAQ 4: How Does the Hague Convention Interact with Family Law Matters?

Central authorities are vital in facilitating communication and cooperation between the countries involved in a case. They work together to locate the child, gather necessary information, and resolve the situation quickly. The Hague Convention highlights the importance of minimizing a child’s time separated from their custodial parent. This allows them to maintain stability in their lives.

Mediation methods can also offer a more amicable solution to family disputes. Integrating mediation into the Hague Convention proceedings could allow families to address their concerns outside the courtroom, reducing emotional distress and fostering cooperative outcomes prioritizing the children’s well-being.

Furthermore, the U.S. Department of State and an experienced Family Law Firm dedicated to International Parental Child Abduction cases can also help to enforce the safe return of your child or children.

How Can I Find a Hague Convention Attorney?

To help ensure you have the best possible outcome in your Hague Convention case, you should seek an attorney who understands the intricacy of dealing with state, federal, and international laws.

Family law attorneys Erin Masters and Anthony Joseph of Masters Law Group have extensive experience in cases involving international child abduction disputes in the State of Illinois and the United States federal court system. Our unique depth of knowledge, experience, and talent in the Hague Convention field highlights our competence in providing legal counsel for these fast-paced and stressful scenarios. 

For more information on our experience, here are a few of our highlighted Hague Convention cases:

Contact our office today to schedule your consultation.

Illinois Property Division in Divorce

If you are approaching divorce in Illinois, you may wonder how the law treats the division of marital property. Here’s what you need to know. 

Divorce is a difficult and emotional process that can be made even more complicated by the division of property between spouses. Marital property includes more than your family home. The legal definition of an asset in a divorce is anything that has a real value. Assets can include tangible items that can be bought and sold such as cars, properties, furniture, jewelry and even cryptocurrencies such as Bitcoin. 

Illinois is an equitable distribution state, which means that marital property is divided fairly, but not necessarily equally, between the spouses. This is in contrast to community property states, where marital property is divided equally between the spouses.

The Strain of Property Division on Divorcing Couples

The division of property that you and your spouse have shared for years can seem especially tricky, often introducing fresh grievances or re-igniting old ones in the process. Here are some of the reasons why property division can be difficult in divorce:

  1. Emotional attachments to property: Couples may have emotional attachments to certain properties, such as a family home or heirloom, which can make it difficult to negotiate a fair division.
  2. Disagreements about what is fair: Spouses may have different ideas about what is a fair division of property. For example, one spouse may argue that they should receive a larger share of the marital property because they earned more money, while the other spouse may argue that they should receive a larger share because they contributed more to the household.
  3. Complexity of assets: Couples may have complex assets, such as businesses, investments, or retirement accounts, that are difficult to value and divide.
  4. Difficulty agreeing on values: Even when the assets are not complex, it can be difficult to agree on the value of the assets, especially if they have appreciated or depreciated in value since they were acquired.
  5. Legal complexities: Property division in divorce can be a legally complex process, and couples may struggle to understand the relevant laws and regulations.
  6. Fear of financial instability: Divorce can have a significant impact on a person’s financial stability, and couples may be afraid of the financial consequences of a property division that they perceive as unfair.

Equitable Distribution in Illinois

As mentioned, Illinois is an Equitable distribution state, meaning that a court will divide the marital property in a way that is fair and just, taking into account various factors such as:

  • The contributions each spouse made to the acquisition, preservation, or increase in value of the marital property;
  • The length of the marriage;
  • Primary caregiver status for the child/children;
  • The economic circumstances of each spouse at the time of the property division;
  • Any prenuptial or postnuptial agreements between the spouses;
  • The age, health, and occupation of each spouse;
  • The needs of each spouse; and
  • Any other factors the court deems relevant.

Marital property in Illinois includes all property acquired by either spouse during the marriage, regardless of how it is titled, except for property acquired by gift, inheritance, or a property acquired in exchange for property acquired before the marriage.

Non-marital property, on the other hand, includes property acquired by a spouse before the marriage, property acquired by gift or inheritance, and property acquired in exchange for non-marital property.

Tax Consequences

You will want to be sure to understand how the decisions you make about the division of your property will affect the taxes owed by both you and your spouse.

For instance, if you sell your home or other assets during your divorce, you may be required to pay capital gains taxes. Understanding and addressing tax-related issues will help you avoid financial problems that may arise after you complete your divorce.

Community Property Laws in Illinois

Illinois is not a community property state. Community property states, such as California and Texas, divide marital property equally between the spouses regardless of the contributions each spouse made to acquiring or maintaining the property.

In a community property state, property acquired by either spouse during the marriage is considered community property, and each spouse has an equal interest in it. This includes income earned during the marriage and any property acquired with that income.

Illinois and other equitable distribution states, on the other hand, divide marital property in a way that is fair and just based on the factors discussed above.

Hidden Assets

It is not uncommon for parties to hide their assets from their ex’s and the courts to help swing the distribution of property in their direction.

When it comes to property division, it’s important to make a list of all assets and debts that you and your spouse share. This includes assets that are solely in your name or your spouse’s name. This involves everything from retirement accounts and investments to real estate and personal property. Having a detailed inventory of your assets will help your lawyer build a stronger case and ensure that you receive a fair settlement.

It’s also crucial to be honest with your lawyer about any challenges you may face during the divorce process. This includes concerns about child custody or your spouse hiding assets or income.

Getting the Legal Help You Need

If you are facing divorce in Illinois, you might decide you want an attorney to help you with your case. It is important to get an experienced lawyer when discussing property division after divorce for several reasons:

  1. Knowledge of the law: A divorce attorney will have a deep understanding of the laws and regulations that govern property division in your state, including the factors that a court will consider when dividing marital property. This knowledge will be invaluable in helping you negotiate a fair and equitable division of property.
  2. Objectivity: Divorce can be an emotionally charged process, and it can be difficult to negotiate property division when you are feeling hurt, angry, or resentful. A divorce attorney can provide an objective perspective and help you make decisions that are in your best interests.
  3. Protection of your rights: A divorce attorney will work to protect your rights and ensure that you receive a fair division of property. They will help you identify assets that may be subject to division and make sure that those assets are valued correctly. They will also help you understand your options for negotiating a division of property, including mediation and litigation if necessary.
  4. Avoiding mistakes: Property division can be a complex process, and it is easy to make mistakes that could have long-lasting financial consequences. A divorce attorney will help you avoid these mistakes and ensure that you are making informed decisions about your property division.
  5. Negotiation skills: A divorce attorney will have strong negotiation skills that can be invaluable in reaching a fair and equitable division of property. They will work to find creative solutions to complex property division issues and help you achieve your goals.

An experienced divorce attorney can help you navigate the complex process of property division and ensure that you receive a fair and equitable division of property.

Conclusion

Divorcing couples may struggle with property division because of emotional attachments, disagreements about what is fair, complex assets, difficulty agreeing on values, legal complexities, and fear of financial instability. It is important for couples to work with experienced divorce attorneys who can guide them through the process and help them reach a fair and equitable property division agreement.

If you are going through a divorce in Illinois and have questions about property division, contact the award-winning attorneys at Masters Law Group. Our highly experienced divorce lawyers are ready to guide you through the process and ensure that your rights are protected.

Set up your consultation here today. 

How to Handle Out of State Child Support Cases in Illinois

The purpose of a child support order is to help ensure children receive the care they need. But what happens when one parent is ordered to pay child support out of state? Or even outside of the United States?

In Illinois, there are specific laws and procedures in place to handle out-of-state child support cases. This includes those involving international borders and the Hague Convention. Here’s what you need to know about handling out of state child support cases in Illinois.

What is Child Support?

A child support order is determined by what is reasonable and necessary for the support of the child or children. It is presumed that the guideline support amounts represent the amount of support that is reasonable and necessary, unless it can be demonstrated to the court that circumstances exist that would make the guideline amount inappropriate.

Understanding the Uniform Interstate Family Support Act (UIFSA)

The Uniform Interstate Family Support Act (UIFSA) provides a framework for child support cases when parents live in different states. Illinois, like most other states, has adopted UIFSA. This means that if the non-custodial parent lives in another state, Illinois can still enforce the child support order.

Under UIFSA, the state where the child resides has jurisdiction over the case. The state where the non-custodial parent lives must follow the laws of the state where the child resides. If you are facing child support issues across state lines, it is crucial to work with a family law attorney who can navigate the complexities of UIFSA and help you achieve a favorable outcome.

Seeking Assistance from the Illinois Child Support Services (CSS)

In the event that the non-custodial parent lives out of state, but you have a child support order in Illinois, the Department of Illinois Child Support Services (DCSS) can provide assistance. DCSS offers the following services to help you:

  • Enforcing the child support order across state lines
  • Modifying the child support order if necessary
  • Establishing paternity
  • Locating the non-custodial parent

DCSS can also work with the federal government to enforce child support orders across international borders. However, it’s important to note that DCSS is not able to provide legal advice and cannot help with the following:

  • Obtaining a divorce or property settlement
  • Modifying a custody or visitation order
  • Obtaining an order for college expenses.

Enforcing Child Support Orders Across International Borders

Illinois can enforce a child support order even if the non-custodial parent lives in another country. OCSE is the U.S. Central Authority for international child support. They work with states and countries to provide assistance to families seeking support when family members live in different countries.

U.S. states process cases with certain countries under different types of reciprocity arrangements, including:

  • Hague Convention countries — countries that have joined the Hague Child Support Convention, and
  • Foreign reciprocating countries (FRCs) — countries and Canadian provinces/territories that have bilateral arrangements with the U.S. government and have not joined the Hague Convention.

Since 2017, the U.S. has participated in an international agreement to streamline child support arrangements around the world, and collecting support from parents who move overseas is now possible in many countries. The purpose of the Hague Convention is to protect children from the harmful effects of international abduction by a parent by encouraging the quick return of the child to their country of habitual residence. Additionally it helps to organize and secure the effective rights of access to a child. Over 80 countries, including the United States are members of the Convention.

According to the Hague Convention, Illinois has the authority to request that the country where the non-custodial parent resides enforces the child support order. As long as the child support order is recognized in that country’s legal system, the country is obligated to comply with the request.

If you are dealing with child support issues across national or international borders, it is essential to work with a knowledgeable family law attorney. Law firms with extensive experience in cases involving international disputes can guide you through the complexities of the Hague Convention and help you protect the best interests of your child.

Working with a Hague Convention Lawyer

When faced with desperate situations, some parents may resort to non-legal means of retrieving their child, such as traveling to the foreign country themselves. However, it’s important to understand that such extra-judicial methods can breach both U.S. federal laws and foreign country laws, and may even make the situation worse.

To ensure the safety and well-being of everyone involved, it’s recommended to hire a Hague Convention lawyer. Masters Law Group can provide expert guidance and support throughout the Hague process to ensure the best possible outcome for all parties concerned.

To read some of our Featured Hague Decisions, see below:

About Masters Law Group

Erin Masters and Anthony Joseph have extensive experience in child support cases involving national and international disputes in both courts located in the State of Illinois and the United States federal court system.

Don’t navigate international law issues alone, trust the knowledge of the attorneys at Masters Law Group. We are passionate advocates for our clients and we work tirelessly to achieve a favorable outcomes for you and your child/children.

To schedule a consultation with one of our attorneys, contact us here today.

What to do if Your Ex Won’t Return Child After Half Term

Half Term, Thanksgiving, Hanukkah, Christmas… the last quarter of the year is packed full of family fun. However, if you are separated or divorced, sharing a child during the holidays is not easy, especially if your ex refuses to obey your parenting or custody agreement.

Half term school break is right around the corner, and for many parents, this is an exciting time to spend some quality time with your child. However, ask many divorced parents about child visitation rights, and you’re likely to hear some discontent about the situation. Especially when a parent ignores an established holiday exchange schedule.

When a parent violates a court-ordered or agreed-upon parenting plan, they run the risk of being held in contempt of court. A parent refusing to bring a child back to the custodial parent after a visit is also known as Parental Child Abduction which requires fast, legal action.

Parenting Plans 101

A parenting plan is a document that says who will make decisions for a child and how those decisions will be made. This often happens in a parental responsibilities case. These plans outline how you and the other parent will continue to care and provide for your children after you separate.

It’s a good idea for a parenting plan to have a system in place for how disputes should be handled if the situation arises, and a way in which parents can periodically review and make necessary changes to the plan. The plan may also include other provisions or information intended to help both parents understand and abide by the shared responsibilities in raising the child or children.

What to include in your plan:

  • Where the child lives
  • Time the child spends with each parent
  • How each parent gets information and records about the child
  • How the child is to be transported for parenting time
  • An airtight Holiday schedule

The final parenting plan will always be aligned with what’s in the best interests of the child.

Important Factors of a Parenting Plan in Illinois

  • Each parent must file a parenting plan within 120 days of asking the court for parental responsibilities;
  • If the parents agree on parental responsibilities, including parenting time, they can file one parenting plan (signed by both parents) within the 120 days. If the parents don’t agree, they must each file their own parenting plans;
  • If neither parent files a parenting plan, the court will hold a hearing to determine the child’s best interests; and
  • The court will look at the parenting plans when it decides who gets parental responsibilities.

Once both plans have been created and shared with the court to examine each parent’s responsibilities, the court can accept the plan and it becomes a Joint Parenting Order. After the Joint Parenting Order is in place, changes cannot be made to it for two years.

Parenting Plans for Holidays, Vacations & School Breaks in Illinois

Splitting up holidays, vacation time, and school breaks can be challenging, but there are ways to make it work for everyone involved.

For many parents, it makes sense to take an odd/even approach to the holiday season. For example, one parent could have the child/children for Thanksgiving on odd years, but Christmas for even years. The other parent would have the children for Thanksgiving on odd years and Christmas on even years. An an alternative choice by parents during the holidays is a fixed holiday schedule. This takes a more simple approach of assigning a certain holiday, every year, to a certain parent. While this could cause some form of conflict for those to want to alternate the holidays, it works well for separated couples with different religions.

At any point, one parent may need to modify a parenting plan. A parenting plan can only be modified by the court. Take caution with any out-of-court arrangements because they are not enforceable.

Parenting Plan Violations

Either your ex isn’t complying with the schedule or maybe there are more serious issues where you’re worried about your child’s safety; If you are concerned about the upcoming holidays and whether your ex will stick to the plan, you can and should probably take legal action.

According to 750 ILCS 5/607.5, if one parent violates the parenting plan, the other parent can bring an action to enforce the parenting plan. If the court finds that a violation has occurred, it can order:

  • additional terms and conditions
  • require participation in a parental education program
  • require family or individual counseling
  • require parent-in-violation to post a Chas bond that can be forfeited for payment of expenses
  • require parenting time to be made up
  • find the non-compliant parent in contempt of court
  • impose civil fines
  • require a non-compliant parent to reimburse reasonable expenses to the compliant parent
  • require any other measure so long as it is in the best interests of the child.

What to do if Your Ex Won’t Return Your Child

If your ex isn’t sticking to the parenting plan, have your attorney send a letter to your ex. This is often the first step towards getting your ex to follow child custody orders. Your attorney can write up a forceful letter that informs the other parent that they must obey the court order or be prepared to face serious legal penalties. Sometimes this is all that it takes to wake up a parent and get them to follow the child custody order.

Illinois’ new parenting time law (750 ILCS 5/607.5(a)) requires the court to handle parenting time abuse cases on an “expedited basis.”  In the old days it could take six months to get parenting time violations addressed.  Now, thanks to the new law, I often can get a remedy in a few days or weeks.

However, keeping a child late on a visitation in Illinois is technically a crime. If you suspect that the other parent has taken your child and doesn’t intend to return (known as a parental child abduction), contact the police. If the other parent takes your child across state lines or out of the country, local police will work alongside federal law enforcement, such as the FBI, to ensure the return of your child.

Experienced Parental Child Abduction Attorneys – Masters Law Group

Above all, your actions should be taken in the best interests of your child.

An experienced attorney can help you navigate the court system in this emotional situation, and make sure that you get in front of a judge as soon as possible. At Masters Law Group, we focus exclusively on Family Law, with a particular emphasis on International Child Abduction and cross-border custody issues pursuant to the Hague Convention of 1980 and the UCCJEA. What’s more, our attorneys are also court-appointed Child Representatives and have experience advocating for children in these high-conflict matters.

If you’re dealing with custody or visitation interference, or have related concerns about parental child abduction, contact us here today. We understand that above all, any actions taken should always be in the best interests of your child.

Child Relocation Laws in Illinois

Whether it be for a new career, a remarriage or even the desire to get to a specific school district, moving a child’s primary residence has serious legal complications if not carried out properly. 

Divorces and separations can be emotionally overwhelming. Especially when a child is involved. Disputes regarding child custody (parenting time), child support or even where the child will live can easily arise between parents. Even if these specific issues have been resolved by an Illinois court order, other problems can arise quickly. Here’s a look at the Child Relocation Laws in Illinois and how Masters Law Group can help.

Parental Responsibilities in Illinois

With today’s economy, many parents are discovering that they need to move great distances in order to find work – sometimes across state lines. Before a parent can remove a child from Illinois they must seek approval from the court, even if they are the primary parent.

Currently under Illinois Law, a child is governed by Section 609.2 of the IMDMA (Illinois Marriage and Dissolution of Marriage Act). This IMDMA indicates when a parent is looking to move with their child or children, they must seek court approval, since a parent’s relocation is a substantial change for the child. 

If you move out of state, and the other parent files a parental responsibilities case in Illinois within 6 months, you will probably have to come to Illinois to participate in the case, or you might have to return your child to Illinois. You can move with your child if there is no court case involving your child and:

  • You and the other parent are married or are in a civil union
  • You are the natural mother and the child has lived with you for more than 6 months

Relocation Inside and Outside of Illinois

There are a couple things to note when you’re considering relocating. Relocating in terms of Child Relocation Law, means to move more than 25-50 miles away from the child’s original home if it is in Cook, DuPage, McHenry, Kane, Lake, or Will Counties or if the new home is out of state. 

After you ask the court for permission to relocate, you’ll have a hearing where the court will decide if relocating is in the child’s best interests. The court is going to look at many things, primarily the quality of each parent’s relationship with the child, to the reason why the parents would be relocating. Here are a couple other things the court will consider:

  • Educational opportunities available in each location
  • The arrangements for parental responsibilities
  • Impact on the child, and the wishes of the child

If you are relocating with your child, you must follow these steps. 

  • File a Notice of Relocation, and give a copy to the other parent at least 60 days before your planned relocation. If the other parent agrees and signs your notice, you can file the signed notice with the court and move without going to court any further. 
  • The court will also change your current parenting plan or parental responsibilities order to allow the move. 
  • If the other parent doesn’t agree or doesn’t sign the notice, then you must ask the court for permission to relocate. You would then file a Petition to Relocate.

Summary

It is important to keep your current parenting plan or parental responsibilities up to date so if you do look to relocate, the process of following said steps above are made easier for you and your loved ones. It can unfortunately become complicated and require much interaction between the parents and the court. It’s in your best interests to hire an experienced attorney if you need assistance with Child Relocation Law.

Hiring Child Relocation Legal Help

Hiring an attorney highly experienced in family law will help you understand your legal options and create a plan for what comes next. 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.

We represent individuals in both their initial quest to set a parenting time schedule, as well as parents looking to modify a previously determined schedule. If you require a review of your current parenting time schedule or parenting plan, contact us here today to schedule a consultation.