Beattie | Onorato

Who needs to approve an Illinois stepparent adoption?

2023-12-11T08:04:16Z

Stepparents can play a very important role in the life of a child. Sometimes, stepparents enter the picture when a child is still very young. Children may grow up having a closer relationship with their stepfather or stepmother than with their biological parent of the same sex. Technically, an Illinois stepparent has made a commitment to their spouse, not the children that their spouse has from a prior relationship. If that spouse were to die or the couple decided to divorce, the stepparent would be at risk of completely losing their relationship with their stepchild. A stepparent adoption changes the legal relationship between a stepparent and a stepchild. It gives the stepparent legal rights and extends certain protections to the stepchild. Who needs to approve of a stepparent adoption for it to proceed in Illinois?

Both current legal parents need to approve

The most basic requirement for a stepparent adoption will be the consent of someone's spouse. Obviously, if they oppose the adoption, then the stepparent likely has no choice but to accept their current relationship with their stepchild. If someone's spouse agrees to a proposed stepparent adoption, then the next step would be to seek the permission of the other parent. If the other parent of the stepchild has died or the state terminated their parental rights, then their permission isn't necessary. Otherwise, even parents who do not pay child support or spend time with the child still need to give their consent. The other biological parent of a stepchild will usually need to sign paperwork terminating their parental rights for a stepparent to adopt a stepchild. Occasionally, the child may also need to give their consent for the adoption to take place. In Illinois, if the stepchild is 14 or older, they will need to give permission for the adoption. The final party that needs to approve a stepparent adoption is an Illinois family law judge. A judge will need to look over someone's paperwork and review the circumstances to ensure that a stepparent adoption would be in the best interests of the child. Provided that the judge agrees that the adoption would be beneficial, their approval is usually the final step in the stepparent adoption process. Understanding the need for consent and approval may help people know what to expect as they pursue a stepparent adoption.

3 crucial factors that can clarify a child’s best interests in court

2023-09-11T18:07:38Z

People generally prefer to have direct, black-and-white answers when they have questions about divorce, but family law just doesn't work like that. Particularly when there are children in a family, there are so many variables that predicting the exact outcome of divorce proceedings is all but impossible unless both adults involved mutually agree to all of the terms of their split. Parents need to understand the rules that guide a judge's decisions when they must split up parenting time and the legal authority that parents have over their children. Usually, the most important consideration will be what a judge believes is in the best interests of the children. Even that may seem incredibly subjective to those not familiar with the concept. The following factors often play a major role in the process of establishing what is in the best interests of the children in the family during a contentious custody dispute (as parents who can reach mutually-agreeable terms do not need to concern themselves with a judge’s approach in this way).

The current parent-child relationships

One of the more important considerations that will influence what a judge believes would work well for the children is the current breakdown of parental responsibilities. The more time someone spends with the children and the better their relationship is with the kids, the more likely a judge is to agree that them having copious amounts of time with the children would be in their best interests. That being said, even someone who rarely spends time alone with the children still has a right to seek parenting time and could potentially become a much more involved parent in a co-parenting relationship.

The needs of the child

When deciding how the parents can best provide for their children, a judge needs to understand the children's overall requirements. Situations involving children with special needs often put more pressure on parents because they will need to have certain training or medical supplies available to properly care for the children in the household.

The abilities and schedules of the parents

Someone can be a very loving parent and yet not be in a position to provide for the children at the time of a custody dispute. Maybe they don't yet have their own place to live and therefore do not have the ability to provide the housing and other basic amenities necessary to raise children. Perhaps they have physical or mental health challenges that they will need to address in order to be present for their children and meet their needs appropriately during their parenting time. Even the careers of the parents and when they will be awake or available can influence what a judge believes would be in the best interests of the children. Parents who are worried about their rights because of an uneven division of household responsibilities, personal challenges and/or other factors may feel more confident once they understand that judges truly want what is best for children, which usually means seeking to work with both parents as much as possible unless there is a truly compelling reason to alter this approach.

Child Custody Lawyer Kenilworth Illinois | Nicole Onorato | Child Custody Attorney Kenilworth IL

2024-11-07T12:59:45Z

[caption id="attachment_47659" align="alignnone" width="300"] Child Custody Lawyer Kenilworth Illinois Nicole Onorato Child Custody Attorney Kenilworth IL[/caption]

Introduction

Beattie Onorato is a family law firm that represents clients in divorce, paternity, child custody and other family law matters throughout Cook County and the surrounding areas of Chicago. If you need a child custody attorney in Kenilworth, Illinois, please call us at [nap_phone id="LOCAL-REGULAR-NUMBER-1"] or contact us online: www.beattieonorato.com. We will contact you within 24 hours of your request.

Child Custody Lawyer Kenilworth Illinois | Nicole Onorato | Child Custody Attorney Kenilworth IL

Child custody is a highly emotional issue. In fact, many people get so caught up in their feelings that they forget that child custody cases can be stressful and expensive. This is why it's important to have an attorney on your side who has experience with child custody cases, understands how these cases work, and will fight for you every step of the way.

Beattie Onorato is a family law firm that represents clients in divorce, paternity, child custody and other family law matters throughout Cook County and the surrounding areas of Chicago. If you need a child custody attorney in Kenilworth, Illinois, please call us at [nap_phone id="LOCAL-REGULAR-NUMBER-1"] or contact us online: www.beattieonorato.com. We will contact you within 24 hours of your request.

We are a family law firm that represents clients in divorce, paternity, child custody and other family law matters throughout Cook County and the surrounding areas of Chicago. If you need a child custody attorney in Kenilworth, Illinois please call us at [nap_phone id="LOCAL-REGULAR-NUMBER-1"] or contact us online: www.beattieonorato.com . We will contact you within 24 hours of your request. We represent clients in divorce cases involving any type of property division including assets such as real estate or personal property but also debt such as mortgages or credit cards; child support calculation based on income & other factors; spousal maintenance (alimony); parenting plans and modifications thereof; grandparent visitation rights where applicable under Illinois law; prenuptial agreements prior to marriage separation/divorce proceedings being filed with court so as not affecting property division upon finalization of case resolution which could be beneficial if there are assets owned jointly by both parties involved with children from previous marriages who may want more time with grandparents than what would be allowed under current statute laws today."

Find out how we can help you with your child custody case!

If you're concerned about your child's well-being and want to make sure they have access to both parents, contact us. We will contact you within 24 hours and help you create a plan that is best for your specific situation.

Conclusion

We are here to help you navigate the difficult and confusing process of child custody. Our attorneys have decades of experience in this area, so we know exactly what to do when it comes time for your case. We can assist you with any questions or concerns that come up during this process; just give us a call at [nap_phone id="LOCAL-REGULAR-NUMBER-1"] or contact us online today!

3 benefits for Illinois couples who choose divorce mediation

2023-06-13T16:20:51Z

Couples in Illinois decide to divorce for many different reasons. Maybe as they approach retirement, they recognize they have grown apart over the years. Perhaps there have been abusive incidents, or one spouse may have developed a drinking problem. Whatever the reason for the divorce, both spouses face major lifestyle and financial changes. They will have to share their marital property and also the responsibility for any minor children they have with one another. Some couples will attend mediation sessions as part of the divorce process instead of going to family court. Why is mediation a popular choice for those preparing for the end of a marriage?

Mediation is often more efficient

The average divorce is very expensive and can take months to resolve. The more time the couple will require in front of a judge, the longer the timeline for the dissolution process. Couples that attend and successfully complete mediation will spend far less time in court, as they will have already reached an agreement about the details and simply need a judge to approve those terms. The overall efficiency typically also means that mediated divorces can cost less than litigated divorces.

The mediation process is confidential

Couples may feel very strongly that misconduct and issues during the marriage should have a bearing on property division and custody matters, even when the law indicates that the influence of those factors will be minimal. It is possible for people to discuss those issues in a private manner in mediation without those problems becoming part of the public record.

Couples keep control when they mediate

The Illinois law judge decides what happens with marital property and child custody matters if spouses litigate. Those that go through mediation have total control over the terms they set. Especially if there are young children or children with special needs in the family or resources like a business that require careful consideration, mediation may be the best solution for an Illinois divorce. Employing thoughtful tools and approaches during the divorce process can help people achieve the best outcome and eliminate some of the issues that often arise during and after divorce.

Meet Our Law Clerk: Kamila Binkin

2023-07-10T05:14:27Z

Kamila joins the Beattie Onorato team as a rising second year law student after completing her first year at the University of Illinois at Chicago School of Law.

Kamila graduated from Lake Forest College with a degree in political science and has received formal accreditation from Lake Forest Graduate School of Management for business skills. Her previous role as a legal assistant to family law practitioners sparked her interest in family law and gave her valuable experience with discovery, case management, and many other responsibilities associated with civil litigation.

Now as a law clerk, Kamila is excited to hone her legal skills and gain greater experience in family law. Kamila bright, driven, and committed to furthering our clients’ interests. We are thrilled to have her on our team!

Meet Our Law Clerk: Rayna Klatt

2023-03-15T20:16:50Z

Rayna recently joined Beattie Onorato as a law clerk in February 2023. Rayna is a first-year student at DePaul University College of Law, where she is focusing on family law. Rayna is both a DePaul Family Law Fellow and a Representative for the Child and Family Law Association. Rayna graduated from the University of Minnesota with a degree in History and Political Science. As a Wisconsin native, she has made her way through the Midwest and has decided to call Chicago home. Rayna is a go-getter and very dedicated to the practice of family law. She is looking forward to working with our clients and gaining hands-on experience. We could not be more excited to have Rayna on our team!

Is Your Spouse Hiding Assets?

2023-01-03T15:39:59Z

Money issues are common in divorce matters. In many cases, the parties did not see eye-to-eye on finances during the marriage or one spouse controlled the family’s accounts and spending, and the other spouse did not have access to this information. Financial issues are exacerbated when a couple divorces, particularly if the parties no longer trust each other. This situation can quickly spiral if certain assets are suddenly missing or not accounted for during the divorce process. There are some telltale signs to watch for that may indicate that your spouse is hiding or has disposed of money and/or other assets. Keep an eye out for:

Denial and Defensiveness: When you ask your spouse about finances, assets, or cash flow they contend that the assets never existed or the money was just “spent” with no explanation, and that you have made a mistake. Instead of being forthcoming with information, they may become overly defensive and refuse to share information with you.
Unusual Transfers: If you have access to account statements, look for out-of-the-ordinary transfers to friends, businesses, unknown third parties, relatives, or even to your children - such as substantial funds transfers to the children’s custodial or college accounts. Transfers may be made via ACH transfer, checks, Zelle, Venmo or other cash transfer applications. When reviewing account statements, be sure to note any transfers to unknown accounts.
Missing Assets: In some cases, accounts are closed and there is no accounting for the funds or investments that were held in the account. Or a valuable item of jewelry or artwork goes missing from the home and no explanation provided.
False Debts or Receivables: Friends and relatives may willingly collaborate with your spouse to hide assets. For example, your spouse may create loan documents for or “repay” non-existent debt to relatives by transferring funds to their accounts. Likewise, marital funds may be transferred to a friend or relative by your spouse with an “IOU” to be repaid at some unspecified date or time.
Deferring Income: Some employers may allow postponement of bonuses or raises at the request of their employee. If your spouse has regularly received raises or bonuses during the marriage and now that a divorce is filed this income is “uncertain” or is no longer paid, that should raise an eyebrow.

How to Protect Yourself and Your Assets

If you are unfamiliar with your marital assets, check prior tax returns which will list assets such as real estate investments, business interests, interest and dividend bearing accounts, and other investments. Check for unusual transfers or unfamiliar financial accounts or even hidden cash at home. Most importantly, talk to your attorney about your concerns. An experienced divorce attorney will know how to use litigation tools, such as discovery, to ensure your spouse turns over those assets.

3 Tips for Minimizing Drama During Parenting Time Exchanges

2025-04-15T23:13:43Z

Exercising parenting time after divorce or separation can present a number of challenges, even if you and the other parent get along. One such challenge is the potential for conflict and heated emotions that can arise during parenting time exchanges. However, there are several things that you can do to minimize the potential for drama.

Be prepared

Preparing for exchanges can alleviate a great deal of stress for you and your child. Have a checklist of items that you should have ready to give to your child or, depending on your child’s age, directly to the other parent including:

Security items like a blanket, favorite toy, or stuffed animal
Homework
Medications
Equipment and uniforms for extracurricular activities

Make sure you give yourself some time to pack everything prior to the exchange. Trying to gather everything at the last minute could make it easy to forget something, which could lead to frustration and annoyance during or after the exchange. If you feel that your ex may trigger negative emotions, try to mentally prepare. Meditate, take some deep breaths, plan a fun activity for yourself after the exchange, or practice other ways to navigate an emotionally stressful situation. Doing so can make exchanges go more smoothly and set a great example for your child.

Set (and respect) boundaries

Whether you pick up and drop off your child at each other's homes, the child’s school, or a safe, neutral location, setting boundaries is crucial. As parents, you can commit to:

Not entering each other's homes
Minimizing conversation
Not bringing new partners along
Keeping goodbyes quick and loving
Refraining from discussing any hot-button or parenting-related issues

Exchanges are not the time to fight, push limits, or disparage each other. These situations can be difficult enough for children without having to witness negative behaviors from either parent.

Communicate, communicate, communicate

Communication is a key element in making exchanges less tense. When it comes to communication, think about what expectations you have or what you appreciate in terms of communication from your co-parent. For example, provide timely updates regarding delays or changes in the schedule. You might also give the other parent a head's up if your child is unusually upset or had an issue at school. Let your co-parent know if your child has a new medication and provide information regarding the purpose and dosing requirements. Sharing this type of information can prevent confusion and conflict. You can also communicate with your child at an age-appropriate level to alleviate some of the stress or anxiety they might have. Explain the schedule to them so that they know what to expect; for example, mapping out on a home calendar the days your child will spend with you and the days they will spend with their other parent can provide consistency and comfort. Contact our experienced attorneys at Beattie | Onorato for more information regarding child-related matters.

How do Illinois courts decide who gets the family pet during a divorce?

2022-06-27T15:15:29Z

For many people, a dog, cat, or other pet is an important family member. In the past, the law did not include family pets as important matters to be addressed in the divorce process. Illinois law now considers family pets to be "companion animals’" and ownership and responsibility for the care of the family pet (or pets) may be assigned to one or both parties. It is important to know how a judge may decide ownership of and care for the family pet if you and your spouse cannot otherwise agree.

What does the law provide regarding family pets?

Illinois statute (750 ILCS 5/503(n)) provides several factors for the court to consider when addressing family pets. First, the court must find that a companion animal is a marital asset - meaning the pet was acquired during the marriage and did not belong to one or the other spouse prior to the marriage, was not acquired during the marriage by one spouse by gift, inheritance or otherwise, or is not otherwise excluded as a marital asset by agreement of the parties (i.e., a prenuptial or postnuptial agreement). Assuming that the companion animal is a marital asset, then the court will allocate sole or joint ownership of and responsibility for the family pet to one or both of the parties. In doing so, the court will consider the well-being of the family pet. It is important to note that a service animal, as defined by Section 2.01c of the Humane Care for Animals Act, is not considered to be a "companion animal" and the service animal will stay with the party who requires the services animal.

What does the court consider in determining the well-being of family pets?

The law does not provide a specific list of factors that the court should consider when determining the well-being of a companion animal. Therefore, it is important to establish as many facts regarding the well-being of the animal for the court to consider, including:

The pet’s relationship with each spouse and any child or children
The history of care for the animal - Who feeds the animal? Who walks the pet? Who schedules and takes the pet to the vet?
The ability of each party to provide appropriate care for the animal including food, shelter, grooming, and veterinary care
The work schedule of each party
Stability of routines and surroundings
The home environment that will be established by each party
Any history of neglect or mistreatment of the pet or any other animals

Courts also strongly consider the allocation of parental responsibilities and parenting time, particularly when the pet and children are closely bonded. In some instances, it may be in the children's and the pet's best interests to have the pet go with the children to each parent's home during that parent's parenting time. In addition, there are financial considerations, such as how to allocate the cost of routine and extraordinary veterinary care, pet health insurance, grooming, and boarding or day care for the animal.

Will you keep your house after divorce?

2022-03-13T17:33:51Z

A home can mean many things for a family: shelter, an investment, a place to raise children, and even a workplace. If you and your spouse decide to separate, it can also be a source of conflict if you cannot agree on what to do with your home. Is it possible to maintain home ownership after your marriage ends?

How might you keep your home?

If your home is determined to be marital property, then it will be divided between you and your spouse along with other marital assets, such as bank accounts and retirement assets, according to what is fair or equitable. This means that keeping your home may depend upon giving up other property of a similar value or buying out your spouse's equity in the home to reach a fair arrangement. For example, you might choose to give your spouse a greater portion of investments, retirement, or other assets to equalize their share of the equity in the home. Or, in many situations, the parties would agree upon the fair market value of the home - sometimes with the assistance of a professional appraiser - and then the spouse who is keeping the home would refinance the existing mortgage, remove the other spouse's name from the mortgage if necessary, and would pull out enough cash from the refinance to give to the other spouse to compensate them for their share of the equity in the home. In some situations, it may be possible to move forward as co-owners of the home. If either or both parties cannot currently afford to buy out the other's share of equity in the home or to refinance their mortgage, for example, temporarily maintaining co-ownership may allow them to finalize their divorce while giving more time to allow one or the other spouse to refinance. In other cases, parents may choose to pursue “nesting” by keeping their child in their home and rotating which parent lives in the home with the child according to their parenting plan.

What if keeping your home doesn’t make financial sense?

In some cases, selling your home and dividing the proceeds is the best way to provide you with the funds you need as you enter the next chapter of your life. While moving forward without the family home may seem challenging, sometimes it is the best financial decision. Whether or not you want to keep your home after you and your spouse separate, our team at Beattie Onorato can help create a strategy that best supports your goals and meets your financial needs.