Anderson & Boback Family Law Attorneys

  Oftentimes while a family law case is pending, parents will need or want to move with their minor children . The child relocation law in Illinois as of 2021 indicated that you need to seek approval for relocation from the Court if you want to move your minor child(ren) more than 25 miles away from their current residence. However, under the Illinois statute, as written in 2021, it indicates that “a parent who has been allocated a majority of parenting time or either parent who has been allocated equal parenting time may seek to relocate with a child.”  Judges and attorneys have interpreted this section to mean that until a parenting time schedule is in place, a parent cannot seek relocation, because it is unknown if that parent has the “majority” of parenting time or “equal” parenting time, until, at a minimum, there is a parenting time schedule in a custody order.  New Temporary Child Relocation Law Many Judges have also been interpreting the child relocation law to ...

  In Illinois, we have abolished using the term “custody” and now refer to parenting time as the schedule which dictates where the child resides, and when.  Clients often ask whether or not it matters if the child has an opinion as to where they reside, or how often they spend time with each parent, and the answer is complicated. Whether or not a child's preference weighs in on parenting time and custody decisions depends on a variety of factors. Can a child choose which parent they want to live with? No.  It is not up to the child to choose who they reside with.  However, their opinion can be considered in very specific circumstances once they have reached an age where they are mature enough to form a well-reasoned opinion about this.  More on this below. What pitfalls do I need to look out for when presenting information to the Court about my child’s preferences? In Illinois, the Courts go out of their way not to place children in the middle of litigation and...

If you and your spouse are able to reach an agreement on all of the issues of divorce, that is a great start to the process. In an uncontested divorce, once that agreement has been reached, or even before, the next step is asking yourself whether or not it is beneficial for you or your spouse, or both of you, to obtain the advice of a divorce attorney to finalize your case. When a spouse in a divorce case chooses to represent themselves in their divorce, they are held to the same standard as a divorce attorney . They are required to understand and follow the court procedures, and also know the laws that apply to the details of their case. The benefit of not having an attorney to finalize the case is not paying attorney fees, however, usually, the risks of not having an attorney outweigh the benefit of not having any legal fees. The attorney’s role in a divorce case is to obtain all the facts of a case to divide the assets and debts equitably between the parties, and to address all othe...

When parents end their relationship, it's rarely easy especially if there are disagreements over custody. As Chicago child custody attorneys , we're often asked for guidance on what you should bring up in a child custody case to show you are the " better parent ".  If you are anticipating a child custody case in Chicago, here's what you need to know. What are Cook County Judges Looking For in Child Custody Cases? When a child custody case comes before a Cook County judge, their focus is trying to protect the well-being of the child while facilitating a relationship with both parents. Custody cases are always a delicate balance between the best interests of the child and the constitutional rights of the parents. So, when deciding how to divide a child’s time between the parents, the court is looking at the actions of the parents, both in how they treat the child and how they treat each other. When looking at the issue of custody, judges typically do not want to di...

  Many questions arise about property division when couples are facing divorce, especially when the couple owns a home during the marriage.  What should you do with it now that you are divorcing?  Should you sell your house before divorce ?  Should one spouse buy out the other?  How do we decide which way is best? Selling Your House Before Divorce  If you are in Chicago, it is a good time to sell your house.  The current real estate market is pricing homes at an all-time high, and sellers can sell their homes for top dollar. If you decide to sell your house before your divorce is final, and you and your spouse cannot agree as to the division of the monies received once you have paid off all the necessary expenses like the realtor, the judge will require that the proceeds be placed in the care of one of the attorneys until the case is over.  Many times, couples will wait until the divorce is finalized to sell the house, but it is not necessary to d...

  The blogs on our website are always about family law, but the rules of evidence are important in all cases.  In a family law case, the use of a Facebook post is often used to expose negative aspects of one of the parent’s behaviors.  It is for that reason; I tell my clients to be very careful of what is posted on social media.  The case of Lorenzo Kent highlights exactly why posts on Facebook should never occur.  2017 IL App (2d) 140917-State of Illinois v. Lorenzo Kent Man Convicted of Murder Denies Facebook Post The trial court heard the evidence against Lorenzo Kent who was accused of shooting and killing Donmarquic Jackson.  Lorenzo was sent to prison for 55 years. On the evening of May 6, 2013, Donmarquis was shot in the driveway of the residence he shared with his girlfriend, Doris Gregory, and her mother, Sally Gregory. Donmarquis did not have a good relationship with his former girlfriend, Kimiko Wilson, who was in a relationship with Lorenzo aro...

Many clients do not realize that they can switch divorce attorneys should they choose to do so, during the course of their divorce litigation. They remain with attorneys whom they are dissatisfied with because they do not understand the process for switching attorneys, or because they don’t realize that it is permitted.  While there are certain reasons you may not want to switch counsel in the middle of your case, it is something that is possible and should be explored in the event that you are dissatisfied with the services of your divorce lawyer. Red Flags and Reasons to Consider a Switch Your Divorce Attorney So, when should you consider switching divorce attorneys? The reason to do so is going to be different for different people. You cannot switch divorce attorneys every time the judge doesn’t make a ruling in your favor because it ends up being very expensive and it is probable that the attorney may not be at fault for the result.  In our experience as Chicago divorce la...