Lafata Law Blog

Grandparent’s rights hold a significant place in Illinois law. 750 ILCS 5/602.9 of the Illinois Compiled Statutes defines how grandparents can seek visitation rights with their grandchildren. The law covers who may file a petition. It also covers when a petition may be filed and what the court considers when reviewing the petition. In the…

Orders of Protection in Illinois What Is an Order of Protection? In Illinois, an order of protection is a court order which provides victims protection from threats or abuse. This includes domestic violence. They are only available to family or household members. They protects the victim and anyone else living in the home. Under Illinois…

What is Paternity? A parent’s legal relationship to a child requires establishing parentage. Parentage includes the relationship between the mother and child (maternity) and the relationship between the father and child (paternity). A person is considered the legal parent of the child when parentage is established. Certain rights and responsibilities attach, including the duty to…

Over time, circumstances change between parents that require a parenting plan to be modified. These circumstances can include a job change, an increase in workload, or even moving to a different state or city. When a substantial change occurs, individuals need to modify the parenting plan or visitation schedule. A parenting plan can only be…

Who Gets to Keep the House After a Divorce? During a marriage, couples make countless financial decisions. When spouses seek a divorce, those decisions, and the property acquired, must be divided. Illinois is considered an “equitable property” state, meaning property distribution after a divorce will not be divided equally, instead it will be distributed equitably.…

What Is Spousal Maintenance? During a divorce proceeding, a judge may order one spouse to pay another spouse money to help support them. This is referred to as “spousal maintenance” or “alimony.” However, a judge is not required to order spousal maintenance. How Does a Spouse Get Maintenance? When deciding whether or not to order…

Is Your Ex Interfering With Your Parenting Time? Is your ex interfering with your parenting time and not allowing you to see your child? When it comes to family law, often parenting time is of the utmost importance to the parents involved. While many parents are committed to acting in the best interest of their…

What’s a Parenting Plan? In Illinois, a parenting plan is a written agreement that allocates significant decision-making responsibilities and parenting time. The parties are required to submit a parenting plan to the court. It shall be done within 120 days of the date of filing a petition for allocation of parental responsibilities. At a minimum,…

What Does It Mean When a Crime Is “Aggravated”? If you are charged with an “aggravated” crime, you face serious consequences. “Aggravated” means made more serious by attendant circumstances. The penalty range may be more than you have bargained for based upon some factor. Whether it’s the victim’s age or race, where or when the…

For most CDL holders, your license means a way to make a living. Without it, you may be out of work. If you have a CDL and an officer issues a ticket, make sure to reach out to competent legal assistance. Whether you were in a your personal vehicle or you were in your work…