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IL family lawyerAs families that have newly gone through a divorce in DuPage County know, the Illinois Marriage and Dissolution of Marriage Act (IMDMA) was amended relatively recently to do away with the terms of “ child custody” and “visitation.” Amendments to the law changed those terms to “parental responsibilities” and “parenting time,” which reflect the human relationships that exist between parents and their kids and the differences in family structures.

With those changes to the law, Illinois legislators recognized the need for flexibility in allocating important decision-making tasks about a child’s upbringing, as well as flexibility in terms of regular parenting time or spending time with the child and providing caretaking functions. Currently, the IMDMA says the court can take into account a number of different factors in allocating parental responsibilities, which include parenting time.

However, a proposed bill aims to change the presumptions about parenting time in the state. If House Bill 4113 were to pass, courts would have to begin from the presumption that equal parenting time is the best option for all families. We will say more about the potential effects of this bill and what it could mean for different families in DuPage County.

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Posted on in Parental Rights

Illinois child custody lawyer, Illinois family law attorneyFor Muslim families in the Oakbrook Terrace area, family law issues involving parenthood and the termination of parental rights can be difficult ones to face. Generally speaking, the Illinois courts want to do their best to keep both parents in a child’s life and to ensure that the child has both parents play a role in the child’s life and upbringing as long as it is in the best interests of the child. Yet in some situations, it may be in the best interests of the child to terminate the rights of a parent. What does it mean when the law decides to terminate a parent’s rights? In short, it means that the parent not only will not be responsible financially for the child, but that parent also will not make any decisions about the child’s care or upbringing.

Voluntary Termination and the Adoption Act

It is important to understand that Illinois law does not allow one parent simply to petition to terminate the other parent’s rights. Rather, parental rights can be terminated either voluntarily or involuntarily, and the court takes these cases very seriously. Under 750 ILCS 50/1 and other relevant Illinois law, the voluntary termination of a parent’s rights generally can occur in one of the following circumstances:

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Posted on in Child Custody

Illinois divorce attorney, Illinois family lawyer, Illinois child custody lawyer,Since January 1, 2016, sweeping changes to Illinois family laws have taken effect. Through the alterations to the Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5/), couples who are thinking about divorcing will notice numerous changes in terminology. In some cases, the changes to the law will have an immediate impact. In other situations, the shifts in the law are largely semantic ones intended to have symbolic import. And such a change is precisely how we would categorize the change from “visitation” time that parents have with their kids after divorce to “parenting time.” In other words, the legal language of “visitation” has been removed from the Illinois Marriage and Dissolution of Marriage Act (IMDMA) in favor of language that speaks to the human realities of a parent’s relationship with his or her child.

Legal Language of “Parenting Time”

What does parenting time mean, exactly? First, it falls under Part VI of the IMDMA, which governs the “allocation of parental responsibilities.” Under the law, parenting time is defined as “the time during which a parent is responsible for exercising caretaking functions and non-significant decision-making responsibilities with respect to the child.” Looking at this specific language, it becomes important to understand what the law means when it refers to “caretaking functions.”

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Illinois divorce attorney, Illinois family lawyer, Illinois child custody lawyer,As of January 1, 2016, a number of changes concerning divorce and parenting laws have taken effect. But these are not the only family laws that have changed as of the beginning of this year. Indeed, as lawmakers sought to overhaul the Illinois Marriage and Dissolution of Marriage Act (IMDMA) so that it better reflects the needs and goals of divorce and parenting in the twenty-first century, lawmakers also took a close look at the Parentage Act and the ways in which it, too, was outdated.

The new Parentage Act of 2015 will impact many families in DuPage County, and members of the Muslim community should recognize the significance of these legal changes. While some of the issues raised in the new parentage laws are not as likely to impact Muslims as substantially as other DuPage County residents, it is nonetheless important to have an idea about how these laws work. A report from the Illinois Judicial Conference & DePaul University College of Law summarizes the key elements of the Parentage Act of 2015.

Parenthood and Gender Neutrality

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Illinois divorce attorney, Illinois family lawyer, Illinois child custody lawyer,Over the last several years, lawmakers have instituted changes to the Illinois marriage and divorce statute in relation to same-sex marriage and spousal maintenance. Yet those changes only represent a small portion of recent shifts in laws concerning Illinois families. To be sure, the Illinois legislature recently passed a substantial rewrite of our state’s laws when it comes to marriage and divorce, and those new laws will go into effect on January 1, 2016.

It is important for Muslim families in the Oakbrook Terrace area to have a better understanding of the changes to our state’s marriage and divorce laws, and the ways in which those laws can impact family life. It is imperative to understand the major changes being made to the Illinois Marriage and Dissolution of Marriage Act (IMDMA) in order to best prepare yourself for any issues relating to family law within the state.

No More Grounds for Divorce

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Posted on in Orders of Protection

Illinois divorce attorney, Illinois family lawyer, protection order,What is an order of protection in DuPage County? According to the Illinois Attorney General’s website, orders of protection are court orders that “restrict an abuser.” They are designed to prevent an abuser from doing any harm to the petitioner or to his or her children. It is important to know that they are only available to family members of members of the same household. In other words, orders of protection are not designed to protect individuals from casual acquaintances or persons they do not know very well. Rather, they are to protect individuals from a violent family member or from another person who lives in the same household.

Domestic violence is an issue that impacts member of the Muslim community in DuPage County. If you have questions or concerns about an order of protection, you should speak with an experienced DuPage County family law attorney.

Who Counts as a Family or Household Members?

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