Elmhurst Mothers' Rights Lawyer

Illinois Family Law and Mothers' Rights

As a mother, you may need to address some or all of the following legal issues regarding your children, your marriage, or your relationship with your former spouse or partner:

• Child custody and parenting time - If you are getting a divorce, are separating from your partner, or are unmarried, you may need to address how the two of you will divide decision-making responsibilities for your children, and you will want to determine a schedule for when children will spend time with each parent. When courts make decisions about these matters, they will consider parents' past history of making decisions and providing care for children. If you have taken on the majority of the responsibility for raising your children, you should be able to continue serving in this role following your divorce or separation.
• Child support - If you have the majority of the parenting time or less of the income, you will likely be able to receive financial support from the other parent to ensure that your children's ongoing needs are met. Child support obligations are based on the income earned by both parents, and parents may also divide the costs of additional expenses related to medical treatment, education, and extracurricular activities.
• Paternity - If you were not married at the time of your child's birth, the father will not be recognized as a legal parent until paternity is established. Once you establish paternity, your child will have the right to receive financial support from their father, and paternity can provide a variety of other benefits, such as family medical history, insurance coverage, disability benefits, and the right to receive an inheritance.
• Spousal maintenance - If you earn less than your former spouse, you may be able to receive financial support from them following your divorce. This will allow you to maintain your standard of living as you work to become self-supporting. If you are a stay-at-home mother, spousal support can help you ensure that you will be able to make ends meet while continuing to provide the care your children need. If you are the bread winner and the primary caretaker, Weiss-Kunz & Oliver, LLC's attorneys are used to specializing in this unique situation too.
• Property division - During your divorce, you are entitled to a fair and equitable share of the property you and your spouse own together. Even if your ex-spouse earned the majority of the income, made most of the purchases, and managed the family's finances, you deserve to share in the results of the work you put in to help your souse and your family succeed during your marriage.
• Tracing property – If you are not familiar with the property earned, saved, and developed during your marriage, we can help you trace your marital estate and create a marital balance sheet of your assets, debts, and the family income.