Anderson & Boback Family Law Attorneys

The petitioners, in this case, were the grandparents of the child in question.  The grandparents gain custody of their granddaughter after filing a petition to establish custody.  In that petition, they alleged that they’d been caring for their granddaughter since she was an infant.  The biological mother fought back, stating in her court pleadings that the grandparents did not have “standing.” For those of you that don’t know, a lawsuit cannot be started by a person unless they have standing.  Your neighbors cannot bring a petition to take custody of your daughter because they are better parents, have more money, or could give your daughter everything that she wants in life. They might be able to demonstrate that they could provide better for your child, but without standing, no one can even bring the petition to ask for custody of your daughter.  Young v. Herman - Grandparents Gain Custody Ordinarily, parents always come first and have an absolute ri...

Getting a divorce doesn’t have to be a fight, and most times, after some initial problems are resolved, the vast majority of cases never go to trial.   When people first get started, however, they want to know the difference between a divorce that is contested or uncontested .   Whether you believe your divorce will be contested or uncontested,   it is imperative to have a lawyer review your agreement and to guide you in the process.   No matter which way you go,   your lawyer will need to complete certain petitions and judgments.   It is important that your agreement is written in the correct manner and that you don’t forget important things that are typical in all divorce judgments. Contested vs. Uncontested Divorce What is an Uncontested Divorce?  An uncontested divorce occurs when both spouses agree to all the terms that are pertinent to their divorce. Because the two parties have agreed on everything, they would not need a judge to m...

When Illinois parents breakup, some wonder if either parent is favored when it comes to child custody cases. Studies show that in 51% of custody decisions, both parents agree that the mother should be the primary custodial parent. This statistic may seem daunting to fathers seeking child custody. Instead of giving up, however, fathers should seek custody themselves. Many fathers think that custody will automatically go to the mother, so they don’t even try. This is a mistake. In reality, fathers are just as successful as mothers in child custody cases, but they don’t seek it as much as mothers do. What is Child Custody in Illinois and Who Gets It? In Illinois, we no longer use the word custody. Now, Allocation Judgments are written, allocating each parent’s responsibility, including the parenting time each will receive. An Allocation Judgment allocates each parent’s responsibility , so how will the court decide who takes the child to the doctor or gets to choose the doctor? Ma...

There is no doubt COVID-19 is impacting every facet of our day-to-day lives. For those pending Divorce and Family Law matters during the coronavirus pandemic and mandated social distancing does not mean that your case will stop. The Courts in Cook County and the other surrounding counties of Chicago have been working very hard to make accommodations for all litigants so that their family law cases can move forward in the best possible way during the COVID-19 crisis. It means that there are certain parameters now in place to address both the Illinois governor’s Shelter-in-Place Order as well as the important family law and divorce matters pending before the Court. COVID-19 Impact on Pending Divorce and Family Law Cases Divorce and Family Law Cases Ready for “Prove-Up” If your case is ready to finalize, or prove-up  as we call it, there is now a provision in place for parties to finalize their divorce case remotely as long as the Chief Judge’s General Order (2020 D 10) if f...

Navigating divorce and selling a home are probably two of the most stressful life events.  Going through the two at the same time creates a confusing, emotional storm to be reckoned with.  For many, real estate is their highest value asset, and each partner feels that they contributed to the purchase of the home -- even if one did so more than the other.  It is only natural that each spouse wants to receive his or her fair share of the marital home. Who gets the house in a divorce ? Who gets to stay? How does one go about real estate division?  This will be one of the biggest property hurdles you will have to face in your life, but if you take into consideration all the different factors, you will be fully equipped to make the best, informed decision for yourself. Who Keeps the House in a Divorce? Deciding to sell the marital home offers a clean break for a divorcing couple, as it provides each party with an even amount of cash to start over, invest in a new h...

Illinois Coronavirus Stay-at-Home” Order Impact on Parenting Orders As you are all aware, the Illinois governor has ordered that starting today at 3:00 p.m., all the residents of Illinois are  ordered to stay-at-home . Grocery stores will still be open and so will pharmacies. If you aren’t a first responder or some other emergency personnel, in law enforcement or health care, you are likely one of the people that is ordered to stay in your home. So if you are following the  stay-at-home order  and remaining in your home, can you go out to exchange your child with the other parent as detailed in your parenting order (Allocation or Custody Judgment)? The short answer is “yes.” Gov. J. B. Pritzker states that in his order that complying with court orders is considered essential travel, and all domestic relations attorneys were given a set of orders by our Chief Judge which states that everyone is supposed to comply with their parenting orders. Judge Dickler is als...

We are facing very uncertain times at the moment. With the WHO, CDC and the Federal Government’s coronavirus guidelines on social distancing and recommendations against large gatherings, you may find yourself at home working remotely, or being stuck at home confined with your significant other and/or family, with seemingly no escape in sight. There is a way, however, to put extra time at home to good use (other than catching up on Netflix or good books) when it comes to  planning for divorce . This time of home isolation and social distancing is a great opportunity to try to plan for the future if divorce is something you are contemplating or seriously considering. Planning for Divorce When You’re Stuck at Home Here are some tips to follow in the event you find yourself at home with spare time for planning for divorce: (1) Gather and Organize your Financial Documents. Most divorcing parties exchange financial documents, particularly when they have accounts or debts in ...