Lombard Family Law Attorneys

Lawyers for Legal Issues Addressed in Family Courts in Lombard, IL

Family law matters can affect some of the most personal aspects of people's lives. Legal issues involving marriages, unmarried couples, and parent-child relationships can affect entire families, and the decisions made in these cases can have lasting consequences for everyone involved. Family law proceedings can shape relationships, living situations, financial circumstances, and the well-being of children or other family members for years to come.

The attorneys at Goostree Law Group have represented many clients in family law cases, and we know that these matters involve more than just technical legal issues. We provide compassionate representation to help our clients address the emotional challenges they may face in these cases, and we work to find practical solutions that will serve our clients' best interests.

The Impact of Family Law Cases on Children and Families

Family law proceedings may involve multiple family members whose lives will be affected by court decisions. When parents separate or establish custody arrangements, children may experience changes to their daily routines, living situations, and relationships with both parents. Courts in Illinois recognize that children's best interests must be the primary consideration in cases involving parental responsibilities and parenting time.

Children will often benefit when parents can resolve disputes in ways that will minimize conflict while helping to maintain stability. Our attorneys focus on finding constructive solutions and helping families transition through difficult times with less disruption to children's lives. We take steps to protect children from being caught in the middle of adult disputes while ensuring that their ongoing needs will be met.

Addressing Issues Related to Paternity

In some cases, steps may need to be taken to legally establish a father-child relationship. In Illinois, paternity is presumed if a mother is married when a child is born. Paternity will also be presumed if a mother and her ex-husband got a divorce within 300 days before her child was born. In situations where there is no marital relationship between a child's parents, paternity must be established through other means.

Establishing paternity serves important purposes for children, mothers, and fathers. Parents have a legal obligation to support their children, so a child will be able to receive ongoing child support. They will also have inheritance rights, access to family medical history and health insurance benefits, and the ability to develop a relationship with both sides of their family. A mother who has sole or primary custody of a child can make sure child support orders will be established. A fathers will gain legal recognition of his relationship with his child and the right to address child custody issues in family court.

Methods for Establishing Paternity

The Voluntary Acknowledgment of Paternity (VAP) is the most common method used to establish legal parentage. When both parents agree on the identity of the child's father, they can sign and submit a VAP, which will have the same effect as a court order that establishes paternity.

When paternity is disputed, or when one party is unwilling to acknowledge the identity of the child's father, a petition to establish paternity can be filed in court. Most of the time, DNA analysis will be used to establish a biological relationship between a father and child. Modern genetic testing provides highly accurate results, and when the probability of paternity is greater than 99 percent, the biological father will be named the child's legal parent.

After paternity is established, courts can enter orders addressing parental responsibilities, parenting time, and child support. These orders may ensure that a father will have legal rights to be involved in his child's life while also establishing financial obligations.

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Legal Separation

When a married couple's relationship has broken down, they may choose to divorce. However, legal separation may be an option in situations where couples want to separate without actually dissolving their marriage. Couples may choose legal separation for various reasons, including religious beliefs that prohibit divorce, the desire to maintain certain benefits that depend on remaining married, or uncertainty about whether they want to permanently end their marriage.

In a legal separation, the court can put orders in place addressing many of the same issues as in divorce, including property division, spousal support, allocation of parental responsibilities, parenting time, and child support. A separation agreement will be created that will outline these decisions and place legal obligations on both parties.

Legal separation has some limitations. Neither spouse can remarry while they are legally separated, and a divorce must be finalized before they can marry a new partner. Either spouse will be able to pursue a divorce at a later date. Since many of the decisions related to a couple's separation may have already been made in a separation agreement, a divorce may be completed more quickly and easily in these cases.

Prenuptial and Postnuptial Agreements

Some couples may want to create agreements about certain financial issues during their marriage or if they choose to get a divorce in the future. With prenuptial agreements and postnuptial agreements, couples can address financial matters, including how issues such as property division or spousal support will be handled in a divorce or after a party's death. Prenuptial agreements will be created before a couple's marriage, and they will go into effect once the couple is legally married. Postnuptial agreements can be created at any time during a couple's marriage.

Couples may choose to create prenuptial agreements for various reasons. When one or both spouses own significant assets or have substantial income, a prenuptial agreement can protect their separate property and determine what will happen to assets acquired during their marriage. A person who has been married before may want to ensure that certain assets will pass to their children. Business owners may use prenuptial agreements to protect their business interests and prevent ownership disputes in the event of divorce.

Postnuptial agreements serve similar purposes. Spouses may decide to create a postnuptial agreement when their financial situation has changed significantly, when a person has inherited substantial assets, when they want to address financial concerns that have arisen during the marriage, or when they want to clarify financial expectations as they determine whether they wish to remain married.

Our lawyers assist clients in drafting comprehensive marital agreements that clearly express their intentions and meet all legal requirements. We can help ensure that an agreement will be upheld by courts if it is challenged. We can also represent clients who need to enforce existing agreements during divorce proceedings or who wish to challenge agreements that were improperly executed or are fundamentally unfair.