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The Foray Firm

Will County paternity lawyerIf you have recently had a child, or simply never identified your child's father on their birth certificate, it is important that you legally recognize who the child’s biological father is. For some mothers, naming their child’s father may open a door for a contentious or abusive relationship between the child and their biological father. For others, they may not be certain about who the father is. A difficult situation that some mothers encounter is their child’s biological father passing away before they were able to name them on the birth certificate. Even if the child’s father is deceased, proving paternity can lead to a number of benefits, both financial and emotional. Luckily, those with male children still have the ability to do so with the help of modern technology.

DNA Testing on Family Members

For those who want biological proof of who their child’s father is, DNA testing is the manner in which this can be done. This is a common option for men who are uncertain about their biological connection to a child. Though it may seem far-fetched, this is also a way to prove paternity for a man who is deceased if you have a son. Modern technology has allowed lab technicians to determine a child’s father by analyzing the man’s blood relatives’ DNA. Such paternity testing will be conducted using DNA samples from the paternal grandparents or alleged father’s other children since this will reveal whether or not the genes actually match the deceased, alleged father. By looking at the chromosomes within the DNA, lab technicians can determine whether or not there is a biological connection between the child and the man in question.

Taking a closer look at the biology behind the testing, one must understand that men have an X and a Y chromosome while females have two X chromosomes. For male children, their Y chromosome will be compared to that of the paternal male relatives. Y chromosomes are passed virtually unchanged down the male line. By comparing the Y chromosome of the male child to the alleged father’s brother or father, one can determine whether they match—signifying their biological connection—or not—proving that they are unrelated.

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Is My Prenuptial Agreement Valid in Illinois?If you could protect yourself from an unpredictable future, would you do it? Many engaged couples have come to the realization that protecting yourself from the unknown is better than being unprepared. As a bright-eyed and recently engaged couple, divorce is likely not at the forefront of your mind. You are probably spending time thinking about the fun part of the engagement: planning a wedding and a future together. Just as nailing down the details of your wedding arrangements is critical for a successful wedding day, recognizing and preparing for the possibility of divorce can also lead to a better marriage. The unpredictability of an ending relationship can add anxiety and tension to marriage, whereas having things planned out with the help of a prenuptial agreement can ease your worried mind. If you are considering signing a prenup, you should be aware of the following mistakes that can make your agreement invalid in a court of law.

DIY Disaster

As is the case with most legal proceedings, generic legal forms can be found on the internet and filled out by each spouse to act as their prenuptial agreement. Rarely do these unsupervised and uninformed DIY prenups hold up in a court of law. Trying to cut out the cost of an attorney and create your own prenuptial agreement with your spouse can actually lead you to spend more time and money in court later on. Working with an attorney is critical for ensuring equality within the agreement, compliance with your state’s laws, and proper filing of the legal document.

Full Disclosure

The most common reason why couples decide to create a prenuptial agreement is to divide their assets and debts evenly before emotions are heightened by the stress and devastation of divorce. It is imperative that you and your spouse fully disclose your assets and debts in the agreement. Failure to do so can invalidate the entire agreement. If you do not disclose your financial background, the court may assume that you were trying to conceal assets and keep them out of the divorce and your spouse’s hands. Whether intentional or not, you could find yourself scratching your entire prenuptial agreement if things are left unsaid.

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Open vs. Closed Adoptions: the Pros and Cons for Adoptive and Biological ParentsWhen prospective parents consider adopting a child, they often think that the biggest question that they will need to answer is where they would like to adopt their child from. They may be considering the benefits and drawbacks of adopting internationally or staying more local to find their child. While this is an important question to consider before making your adoption decision, one of the most life-changing choices that will need to be made is how involved you would like your child’s biological parents to be in their life. This is usually not fully up to the adoptive parents — the biological parents may wish to discuss this before committing to giving you their child. Some biological parents may not wish to be involved in their child’s life, while others may not be able to give you their child without the promise of a relationship moving forward. Whether you are the biological parents or the adoptive parents, you should consider the pros and cons of each type of adoption.

Open Adoptions

The level of openness with your adoption can vary from family to family. Some wish to simply exchange information so that the child can reach out to their biological parents if they would like, while others may create an agreement with the child’s biological parents to determine what their relationship will look like and how frequently they will communicate. For adoptive parents, this line of communication can be helpful whenever they have questions for their child’s biological parents. This could be about medical history, family connections, or anything else about the child that they could not know without the biological parents’ help. Having an open relationship can be difficult but important for biological parents. They may spend their lives wondering whether or not they chose the right family or hoping that their child would reach out later in life. Deciding on an open adoption eliminates these questions and can help the biological parents know that their child is safe and healthy.

Closed Adoptions

In closed adoptions, the adoptive parents will receive little to no information about their child’s biological parents or their background. This will protect both sides’ privacy and will not allow contact with the biological parents after the child’s birth and adoption. Many adoptive and biological parents believe this is the best arrangement for their child. It will eliminate any contentious or forced relationships that may be expected in an open relationship. It can also be difficult for the biological parents to see their child grow up in a home that is not their own. While they may have made the decision to give their child to another family, they may not want to see them live a different life. Closed adoptions are also a good option if the child’s biological parents are abusive or unfit to foster a healthy relationship with their child.

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Three Signs That You Should Create a ‘Postnup’Prenuptial agreements are known to have a certain stigma to them. When someone says the word “prenup,” you often think about wealthy, Hollywood couples who are not meant to last together or people getting married for the second time who have significant assets from their previous marriage. This stereotype is far from the truth as more and more couples are selecting to sign a prenup before saying “I do.” These legal agreements have become more normalized in the past decade as couples decide to get married later in life, with more financial assets in tow. What you may not have heard of is a postnuptial agreement. This serves the same purpose as a prenuptial agreement, but it is signed after the marriage has begun. You may think that it seems crazy to sign a “divorce agreement” before or after getting married, but there are situations where it benefits you to have a postnup:

  1. You Own a Business: One of the most uncomfortable and unfair properties to divide in a divorce is a business. For families who open a business together, the company will need to be bought out by one party or divided between both spouses. This can be a difficult division since you both built the business together. In the instance where one spouse comes into the marriage with a successful business, this division can seem unfair since the other spouse had no part in its creation. Business owners may decide to sign a postnuptial agreement to protect their business in case of a divorce. If the couple does not get divorced, both spouses will continue to reap the benefits from their business.
  2. You Have Children From Your First Marriage: Individuals who get married later in life may have already been married previously and have children. Prenups and postnups are more common with second marriages since the couples have seen how divorce can lead to a contentious legal battle without one. Those who have children from their first marriage should consider signing a postnup to designate the division of assets in the event of his or her divorce or death. You and your second spouse may or may not be considering having children, but naming what is owed to the children of your first marriage is a good idea regardless of any new children that may or may not come along the way.
  3. You Received an Inheritance: It can seem uncomfortable to onlookers for those who are married to allocate what is theirs when they are not considering divorce. However, it is not a good idea to allow this stigma to result in your spouse receiving half of a large inheritance that has been indebted to you your entire life. For those who receive an inheritance in the middle of their marriage, it may be a good idea to write up a postnuptial agreement and make it clear that they intend to protect their inheritance during a divorce. 

Call a Joliet Postnuptial Agreement Lawyer

There has been some deliberation about the validity of postnuptial agreements, especially since they are signed after the start of a marriage. Illinois recognizes them, but there are a number of factors that could invalidate your entire agreement if they are included. It is important to seek out the assistance of an experienced attorney who is well versed in Illinois family law. The Foray Firm has a team of legal professionals who are waiting to assist you and your spouse with the creation of this legal agreement. If you are considering signing a prenup or would like more information about what this legal document can do for you, contact our Homewood prenuptial agreement attorneys at 312-702-1293 for a free consultation. 

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Will County family law attorney adoption

Adopting a child can be one of the most rewarding decisions you can make. Not only are you giving a child a home, but you are also expanding your family and building a special bond with another child. There are a number of things that you should complete before you finalize the adoption. Of course, there are fun things to do, like build a nursery and pick out baby clothes, but there are also a number of practical things that you should consider. These may not be as exciting as decorating the home your baby will come home to, but they are exceedingly important since the first year with a new child can be a busy one.

Talk to Your Workplace

There are a few things that you should hammer out with the company or business that you work at. In the same way that new biological mothers get maternity leave, you should discuss your options to have a similar experience as a new mom. Nowadays, many companies even allow men to have paternity leave to help care for their newborn. You should also ask the appropriate staff member about your healthcare plan if your employer provides it to you. For brand new parents, you must make sure your healthcare plan will cover your new child. This is crucial to do before your child comes home since there will likely be many doctor visits in their first year with you.

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