Anderson & Boback Family Law Attorneys

  A Magical Day of Networking In early February I helped organize a Networking Event in Disneyland. All attendees were both attorneys (had to have passed a bar exam) and moms. Professionals who are also parents are a unique niche; we are used to juggling many things at once, and it makes us better attorneys for it. Networking with other working mothers is something I am very passionate about. So, of course, when presented with this opportunity to meet 50+ lawyer moms, in Disneyland, I was all (Minnie) ears! Meeting Up at Sleeping Beauty’s Castle We met up for a morning photo all together in front of Sleeping Beauty castle. Unfortunately, the castle was completely boarded up, because it was under construction. But, we did not let that put a damper on our day! We took some photos, and we wrote our names on our “nametags” (which were Disneyland Park “I’m celebrating” buttons) and made our first introductions. We had some time before our luncheon, and so we rode Pirates of the C...

QUESTION: My ex has relocated more than 25 miles away with our minor children. Is there a basis for modifying child support? ANSWER:  Possibly .   There are definitely arguments to be made in regard to  modifying child support  when there is parent  relocation , but it depends on the unique factors of the case. For example, if the transportation costs for parenting time escalate, that could be a basis to modify support. If a parent who previously had to drive across town to have parenting time with their children now has to fly to a different state or spend a significant amount of time driving, resulting in increased transportation expenses, it is arguable that child support should be modified. Typically, this depends on the distance between the parties after relocation as well as before the relocation. Conversely, a  parent who moves further away  from their children and then has to incur additional expenses to travel to see their children ma...

Parental Alienation is very serious as there is no “cure” if it is allowed to go on for a period of time. A parent cannot get back the time lost and things missed during this unfortunate period of alienation from their child. Depending on how long the alienation has gone on and to what severity, the relationship may be lost for good and the child irreparably harmed. Most would agree, including the courts, that children need to have a good relationship with both parents in order to grow up with the best chance at becoming productive members of society. Unfortunately, divorce and separation is usually a difficult time for people to see this as important and allow their anger at the other parent to become open and obvious. How Parental Alienation Occurs Primarily, the way parental alienation is done is with: Badmouthing : Criticizing and belittling the other parent or making sure the child feels that the other parent is dangerous, crazy, and unworthy of the child’s love. Interf...

  In a divorce or separation situation, it is not usual to hear there are times a  child doesn’t want to see the other parent  for parenting time. When couples with children divorce or break up, the court will typically enter what’s called a Joint Parenting Agreement. The Joint Parenting Agreement lays out the responsibilities of each parent as it pertains to the children. These responsibilities include designating the custodial parent, decision-making and parenting schedules. Do I Have to Make My Child See the Other Parent If They Don’t Want to Go? There could be a variety of reasons children do not want to see the other parent. Many times the reasons are minor like the children would rather spend time with their friends. Other times the reasons could be more serious. If the reasons are serious, the obvious question that arises is “do I have to make my child see their other parent?” The short answer is it depends… but most of the time, yes. The most impo...

Setting a parenting schedule can be one of the biggest, most stressful issues that arise if you are getting divorced and children are involved in the relationship. The key is creating a parenting schedule that is most conducive to everyone involved which means you, especially your children, any other caretakers (babysitters, grandparents, etc.), and yes… even your ex. Think about it…your ex will be much more pleasant to deal with if he or she is relatively happy. You just have to find a happy medium. Parenting Schedules – Things to Consider There are many different options for parenting schedules. For example, you could do: every other day; one week on/one week off; 3 night with one parent and 4 nights with the other; the primary parent gets kids during the school week and alternate weekends; a parent who only had weekends with the children could get the children for a few dinners during the week; etc. The list of scheduling scenarios goes on and on. When determining ...

UCCJEA Not Followed Returning Child to Father THE UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT (UCCJEA) WAS NOT FOLLOWED BY THE COURT HERE, AND AS A RESULT, A WISCONSIN GIRL IS RETURNED TO HER FATHER Lauren sought guardianship of Mirabella, the daughter of her former boyfriend, Matthew. She claimed that Matthew, a Wisconsin resident, had left Mirabella to live with Lauren in Illinois for more than one year. The trial court entered an order of plenary guardianship and an order of protection against Matthew. Father Challenged Guardianship Based on Wisconsin Custody Order Matthew challenged the guardianship on the basis that he was awarded sole custody of Mirabella by a Wisconsin court and that the Illinois court lacked jurisdiction. Ultimately, the Appellate Court vacated the trial court’s orders and returned custody of Mirabella to her father. Case Background The minor child, Mirabella, was born November 4, 2014, to Matthew and Christina. Christina was not a par...

One of the common parenting mistakes a child of  divorced parents  makes is relative to that dreaded question: “Do I HAVE to go?” Divorced parents or parents that have never been married hear this hear this question all too often. Hearing your child ask that question time and again can certainly get old after a while. Divorced Parents Should Support a Child’s Bond With the Other Parent However, in most scenarios, it is best to encourage your children to attend parenting time with their other parent. This is quality time which helps them bond (or remain bonded to) the other parent. It also ensures that you are not held in contempt of court for violating a parenting order. You can also be accused of alienating your child from the other parent, or guilty of visitation interference, which is a crime in Illinois. The bottom line is that the court order must be followed, both to keep you protected, as well as for your children’s best interests. Here are a few more helpful...

In the case of the Wojcik’s, the trial court needed to resolve a conflict between the parties regarding their view of what was “Unallocated Maintenance.” The husband, Michael Wojcik, and the wife, Sandra Wojcik, had been married for over 30 years. They resolved their marriage amicably, and Michael agreed to pay Sandra for 60 months. He made a monthly payment of $13,500.00 for 60 months and thought he was finished with his payments. His ex-wife disagreed. The Court found that maintenance could only terminate based on terms that the Settlement Agreement set forth. The  Marital Settlement Agreement  set forth certain events that might occur that would serve to terminate Michael’s obligation to pay unallocated family support. Those termination events were: the death of either petitioner or respondent, petitioner getting remarried, or petitioner cohabitating with another person on a resident, continuing, conjugal basis. Well, neither party died and Sandra did not remarry or live...

Anderson & Boback  is pleased to announce the promotion of  Jessica C. Marshall  to Partner. Marshall began with the Chicago family law firm in 2010 as an associate attorney. Marshall is a dedicated, intelligent, hard-working, and honest attorney with impressive credentials and substantial achievements in the legal community. She focuses her practice on divorce and family law. From child custody to military divorce, she is a passionate advocate with an unwavering commitment to her clients. Respected by colleagues, judges and clients, she has received numerous awards, including the ISBA Young Lawyer of the Year for Cook County (2017-2018). This prestigious award honors the extraordinary commitment and dedication of a young lawyer who has provided outstanding service to the Illinois population. Only two lawyers are chosen to receive this honor each year. The ISBA recognized Marshall for her important role “mentoring other associates and staff focusing on the imp...

Let’s face it raising your child with someone other than your ex can be just as difficult as co-parenting with your ex.  Between different styles of communication and parenting, it can be a complete nightmare. After all, you may not know your ex’s significant other well and may have some resentment towards that person. It is important to recognize this and try your best to keep your personal feelings out of your co-parenting relationship for your child’s sake. When raising a child, it is crucial to keep their best interest in mind at all times.  Here are a few tips to effectively co-parent with your ex’s significant other. Three Keys to Co-Parent with Your Ex’s Significant Other (1) Forms of Communication Is there anything you can do to improve your relationship with the co-parent? Finding an effective form of communication is key. While texting can be easy, it can also be difficult to interpret and cause unnecessary miscommunications and frustrations. Maybe making a...

In many family law cases, clients ask how to get their  child’s voice heard  in court. There is no denying that children of all ages have their own opinions. Sometimes children form their opinions based upon what they learn or hear from adults. Sometimes children generate their own opinions of certain situations. This often depends on their age and level of maturity. The Court is aware that in  family law related matters , children will oftentimes have an opinion as to who they want to reside with, how often they want to see a parent, what they like and what they don’t like. There are methods the Court will use to try and elicit the children’s opinions at times, depending upon the circumstances. How the Court will elicit these opinions and how much weight and credibility the Court will give to these opinions is often circumstantial. 2 Methods to Get your Child’s Voice Heard in Court 1.  The In Camera Interview With children who are older and able to clearly ...