Anderson & Boback Family Law Attorneys

As Chicago family law attorneys , we are often asked should a child testify in family court. Parents often know that their children see and hear what happens in a family home, or in their parent’s individual homes and that the children often have access to information that would corroborate the parent’s position.  Many parents who are new to family law in the legal system may believe that this benefits their case in some way and will try to utilize their child’s knowledge and witness statements to their advantage.  Sometimes it is by recording them, sometimes it is by pushing for the minor child’s voice to be heard.  However, parents learn very quickly that the Judges will do everything in their power to try and make sure children are as uninvolved in the legal dispute between their parents as they possibly can be.  There are certain exceptions that are made, but they are very limited.  For the most part, the Court does not want the minor children involved in divorce or family law dis

As a Chicago family law attorney, I am often asked by clients if they can appeal a family law court order.   You have a right to appeal a final decision from the family law court and you also may have a right to appeal a decision from a family law court that is not a final decision or one that is final but does not dispose of all of the issues involved.   The Process to Appeal a Family Law Court Order Once you have a decision from the court that resolves all issues and you want to have a higher court review the decision you can do that through the appeal process.  There is a time limit that must be strictly adhered to as there is very little leeway if any when specific dates are not met.  It is important to remember that when you appeal your case to the appellate court, it is not another “bite of the apple” or chance to have your case heard all over again in an attempt to gain a different decision.  The purpose of appealing to the appellate court is to review the underlying case exactl

  Aside from retirement benefits and other long-range assets your family acquired during your marriage, Social Security benefits are one more asset to look at when dividing property after a divorce .  This asset is not one that the divorce court will give you, but one that the state you live in awards you in certain circumstances.  What should a person look for when seeking Social Security benefits? You Cannot Collect Your Own Social Security Benefits and Those of Your Ex-spouse You will want to look at the amount of your own benefit and then the benefit you would receive from your ex-spouse.  You cannot collect both.  The options are that an ex-spouse either receives 100% of their own social security or 50% of the other former-spouse’s social security (although this does not affect the original wage earner from collecting 100% of their own social security). Example : A couple is married from 1983-2000 (17 years) the husband remarries for several years but divorces again.  After he is

It can be tough to stay in a residence with a significant other when the relationship is “over”.  However, when minor children are involved, there are many things to consider.  There is much planning which has to happen before one party should separate from the joint residence and relocate elsewhere especially when that means   separating without your children. Parenting Time Can be a Challenge First, if there is no case pending and/or no temporary parenting time schedule, moving out of the home without your children may mean that there is no “regular” time frame in which you will see your child/children for the near future.  You will be subject to the mercy of coming to an agreement with your ex regarding when you can exercise parenting time until there is a court order in place governing the schedule.  This can make it very difficult since many people who separate do so because they do not get along and cannot agree.  Moving out of a home without a parenting time schedule may mean th

Children who do not have two biological parents can be considered for adoption.  In some cases, like a stepparent adoption , children can be adopted even if they have two biological parents.  Adoption is the legal process a person would undergo to make themselves the biological parent of that child.  What is Stepparent Adoption? There are many forms of adoption, including stepparent adoption.  In a stepparent adoption, you are assuming the role of a biological parent , alongside one of the biological parents.  Perhaps the child has a mother who has died or a father who is not interested in parenting the child.  In that instance, you could seek to adopt that child.  If you are acting as a parent in the life of a child, you should consider legalizing the relationship.  When you adopt, you become the biological parent once a judgment is entered.  No other document will give you parental rights aside from an adoption. The two major components of an adoption are (1) there is a child availab