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Wakenight & Associates, P.C.

1100 Lake Street, Suite 120, Oak Park, IL 60301

Oak Park | 708-848-3159

DuPage County | 630-852-9700   Mokena | 815-727-6144

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Oak Park divorce attorney for emergency orders of protectionIn many divorce cases, the partners may simply grow apart and decide that they no longer wish to remain married. However, other spouses choose to end their marriage because domestic violence or child abuse has taken place. When going through high-conflict divorce proceedings, it can be necessary to obtain an order of protection for a variety of reasons, especially if one party feels like he or she is in immediate danger. It is important to understand the situations that warrant an order of protection in an Illinois divorce to ensure your and your children’s safety and well-being.   

What Can an Emergency Order of Protection Do?

When a couple begins the divorce process in Illinois, some orders will automatically go into effect placing restrictions on the spouses. For instance, both spouses are ordered to not intimidate, harass, or injure each other or any children who are minors. An emergency order is generally used if an individual is in immediate danger, but it can also include remedies for the physical care of a minor child or the possession of personal property.

Since they are usually required immediately or in extreme situations, emergency orders of protection may be processed at any time, even when courts are closed. These types of orders do not require that notice be served to the receiving party, and they can last for 14 to 21 days. 

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Oak Park parentage lawyer

When a baby is born to a married couple, there is usually no doubt that the husband is the father of that child. However, many couples have children outside of marriage, whether intentionally or not. If two unmarried people are in a romantic relationship and have a child together, the man is not automatically considered the legal father of the child even if the man and woman live together. The father’s name cannot be put on the birth certificate until paternity is established.

Legal Orders of Paternity

Paternity is defined under Illinois law as the legal relationship between a father and his child. It is important to know that paternity means the father is legally responsible for that child and is entitled to certain rights as a father. Paternity can be established legally by three different ways in Illinois:

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Cook County child support attorney change in circumstancesIf, after your divorce, you have had an income increase or decrease, or if the needs of your children have changed, you may need to consider asking for a child support modification. Generally, a support order may only be changed every three years in Illinois. However, if you can show a significant change of circumstances that requires a modification, a request can be considered at any time.

What Are Some Reasons for Modification?

As life goes on, everyone faces ups and downs. Parents can run into any number of issues that may qualify for a change in child support. These reasons may include:

  • Either parent’s income has increased or decreased significantly.
  • The child’s medical or educational needs have changed and become more or less expensive than in years past.
  • A change in either parent’s work schedule requires that the child be cared for by a day care center or babysitter, and these costs must be divided between the parents.

Those are just a few situations that could warrant a support modification. An attorney can help you determine whether you have reason to file a request for a change.

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