The Law Offices of Jesse V. Barrientes The Law Offices of Jesse V. Barrientes 2026-07-10T00:47:44Z https://www.barrienteslaw.com/feed/atom/ WordPress /wp-content/uploads/sites/1300247/2020/03/cropped-favicon-32x32.png On Behalf of The Law Offices of Jesse V. Barrientes <![CDATA[Can children choose how their parents will share custody?]]> https://www.barrienteslaw.com/?p=48023 2026-07-10T00:47:44Z 2026-07-10T00:47:44Z Children have input, not control Judges hearing contested custody cases must review many details about the family, including the age of the children, the existing relationships and even familial schedules when deciding how to allocate parental rights and responsibilities. In addition to considering details about the family unit, judges can also factor in the preferences of the children in the family. There is no specific age at which a child has the right to provide information about their preferences. While judges do take the wishes of children under advisement when settling custody matters, children do not have the right to decide how much time they spend with each parent or even which home is their primary residence. Their wishes can influence the final order, but judges and parents have the final say. Learning more about what factors affect the allocation of parental rights and responsibilities can help people prepare for court or recognize the value of reaching an amicable arrangement without litigation. Discussing state law and family circumstances with an attorney can help parents understand how judges settle custody disputes.]]> On Behalf of The Law Offices of Jesse V. Barrientes <![CDATA[How can going through a divorce impact your credit?]]> https://www.barrienteslaw.com/?p=48019 2026-07-02T09:42:03Z 2026-07-02T09:42:03Z Going through a divorce doesn’t directly affect your credit; however, there are some situations that might occur that could have a negative impact on your creditworthiness. These typically stem from the financial changes that occur when you end the marriage.  One primary factor is the continuation of payments on credit accounts, all of which will have to be handled during the property division process. All marital debts have to be paid off or divided before the marriage can legally end. Paying off the debts, if possible, can reduce the risk of your ex’s actions impacting your credit.

What happens if the debts are assigned?

If debts are assigned to a party during the property division process, that person is responsible for paying the debt. Unfortunately, creditors don’t have to follow that order because they weren’t part of the property division process. This means that if your ex is assigned a debt and doesn’t pay for it, the creditor can report the missed payments on your credit report even though the debt wasn’t assigned to you. 

How can you prevent negative credit impacts?

Besides paying the debts off during the property division process, negative credit impacts might be minimized if both parties are required to transfer the accounts they’re assigned to an individual account. Creditors don’t have to automatically do this, so it’s typically only possible if the person who is assigned the debt has an income and credit history that allow them to make this transfer.  Remember, the marital debts are only one part of the property division process. Looking at the situation as a whole may be beneficial so you can make decisions that you feel are in your best interests.   ]]> On Behalf of The Law Offices of Jesse V. Barrientes <![CDATA[What are the benefits of stepparent adoptions?]]> https://www.barrienteslaw.com/?p=48018 2026-06-16T12:21:17Z 2026-06-16T12:21:17Z Stepparents are the cornerstone of some families, which may lead to them developing a deep bond with their stepchildren. In some cases, it may be decided that the stepparent should adopt the children.  A stepparent adoption is a legal recognition of the relationship between the adult and the child. This process can be particularly meaningful for the stepparent and the child. Taking the time to consider the benefits of a stepparent adoption may make the decision a little easier. 

Stability for the child

One of the clearest benefits of a stepparent adoption is that the children can have an increased sense of stability. After the adoption, the stepparent is the child’s legal parent. This gives them the legal ability to handle many things for the children. For example, they can handle matters related to education, medical care and extracurricular activities. Additionally, they can serve as an emergency contact and have the ability to make decisions for the children. 

Inheritance benefits

Another benefit is that the child may be eligible for inheritance benefits. Once the adoption occurs, there may be inheritance rights that weren’t present before the adoption was finalized. The adoption can also mean the child is eligible for certain survivor benefits. 

Stepparent adoptions in Illinois

Illinois recognizes that family-based adoptions are different from adoptions that aren’t family-based. Under the Illinois Adoption Act, an investigation isn’t necessary if a petition is for a related child; however, the court may still order one if it deems one necessary.  Stepparent adoptions can be complex, but the process might be easier if you’re working with someone familiar with these situations. When handled properly, this process can lead to more than just a legal order. Instead, it’s a legal tool to strengthen the family’s bond.   ]]> On Behalf of The Law Offices of Jesse V. Barrientes <![CDATA[3 ways custody mediation benefits children]]> https://www.barrienteslaw.com/?p=48017 2026-06-05T02:14:38Z 2026-06-05T02:14:38Z 1. Reduced parental conflict Disputes between parents as they negotiate custody, property division or other matters can cause intense psychological stress for their children. Mediation promotes a more amicable approach to custody matters, which can shield children from unnecessary conflict.

2. Eliminating preference inquiries

If parents litigate custody matters, older children and teenagers may sometimes need to express their preferences to a judge or other family law professional to help ensure the final ruling considers their wishes. If parents settle their custody disputes in mediation, their children are not in a position where they must state their preferences publicly. That can eliminate a major source of stress.

3. Protection from adult details

Parents litigating custody issues often need to consider many specific family issues, such as substance abuse or personal instability. Mediation is confidential, which allows parents to discuss important matters in a setting where their children don't overhear any testimony and cannot later access records from the court hearings to learn unsavory details about the family. Using mediation to resolve custody disputes can be a smart solution for parents. Everyone in the family benefits when parents settle their custody disagreements peacefully.]]> On Behalf of The Law Offices of Jesse V. Barrientes <![CDATA[5 tips for effective co-parenting with your ex-spouse]]> https://www.barrienteslaw.com/?p=48016 2026-05-20T01:22:04Z 2026-05-20T01:22:04Z Divorce can create major changes for both parents and children. Even after the marriage ends, parents still share responsibility for supporting their child’s emotional well-being, routines and long-term stability. Although disagreements may still happen, a cooperative co-parenting approach may help children adjust more comfortably after separation.

1. Put your child’s well-being ahead of conflict

Co-parenting decisions should remain focused on what benefits your child instead of unresolved issues from the marriage. Children often struggle emotionally when they feel caught between parents or pressured to take sides. Maintaining a child-centered approach may help create more stability and emotional security for a child after a divorce.

2. Maintain respectful communication

Regular communication may help both parents stay informed about school events, medical appointments and schedule changes. Clear conversations may also reduce misunderstandings that later turn into larger disputes. Even when emotions remain difficult, respectful communication often creates a healthier environment for children.

3. Accept reasonable parenting differences

You and your former spouse may not handle discipline, routines or household rules the same way. Small differences in parenting style are common after separation and do not always create problems for children. Showing flexibility and mutual respect may help reduce tension between households while still supporting your child’s overall well-being.

4. Make transitions between homes easier

Children sometimes feel anxious moving between two households, especially during the early stages of co-parenting. Predictable schedules and calm exchanges may help children feel more comfortable during visitation changes. Simple routines involving pickups, drop-offs and activity schedules may also reduce stress for both parents and children.

5. Continue participating in your child’s daily life

Children benefit when both parents remain involved in their school functions, extracurricular activities and important milestones after divorce. Continued involvement may reassure children that both parents still support and value their lives despite family changes. Co-parenting arrangements often work more successfully when children feel encouraged to maintain strong relationships with both parents. Consistency, respectful communication and realistic expectations may help reduce future disputes involving child custody and visitation. Seeking legal guidance may also help you create parenting arrangements that protect your parental rights while supporting your child’s long-term well-being.]]> On Behalf of The Law Offices of Jesse V. Barrientes <![CDATA[How to create a routine for your child after divorce]]> https://www.barrienteslaw.com/?p=48013 2026-05-04T14:28:49Z 2026-05-04T14:28:49Z Children often experience emotional distress and behavioral issues after divorce. The idea that their parents are no longer together, combined with the reality of moving between two homes, can significantly affect them. Maintaining stability is one way parents can help their child feel secure. You can do this for your child after your divorce by creating a routine. This includes:

Maintaining a routine similar to before the divorce

Of course, your daily activities will change when raising a child in two homes. Nonetheless, try as much as possible to maintain a routine similar to the one before the divorce. If something can go unchanged, you can keep it. For example, watching a movie on a Saturday morning or having pizza for dinner on Thursday, regardless of which house the child is at on those days.

Establishing consistency

Even when you change routines, it’s vital to establish consistency in both homes. Your child should observe the same bedtime and wake-up time. They should also have similar times for homework and meals. Additionally, screen time limits should be similar in both homes.  Consistent routines reduce confusion and anxiety as your child will not need to adapt to a new routine after every transition.

Talking to your child

It helps to talk to your child about their new life. Be honest and use simple language to explain what is expected to change and what will remain the same. Moreover, encourage them to suggest what should be added to their routine or share any concerns about their new schedule. Doing this helps you create a routine that meets your child’s needs. Your child can substantially benefit from stability after your divorce. Obtain more information about how to protect your child when raising them in two homes. ]]> On Behalf of The Law Offices of Jesse V. Barrientes <![CDATA[Planning for summer parenting when you divorce]]> https://www.barrienteslaw.com/?p=48012 2026-04-29T02:16:30Z 2026-04-29T02:16:30Z summer vacation. While you are free to keep the same parenting time schedule as usual, the fact that the kids will need more looking after often makes this difficult.

How will the children spend their summer?

Think about the capacity each of you has to care for them during their summer vacation. There is a good chance you will both be working after you divorce. Much will depend on the age of the children and on your jobs and work hours. If your children are in their late teens, they’ll need less looking after than if they are kindergarten age. If you work from home, it can make things easier. However, you need to be realistic about whether you can still get work done with the children there and whether they’ll get enough attention and stimulation if you have to work all day.

Outsourcing some of the childcare

Investigate what activities are available in your area, like day camps. Alternatively, you might want to call on family members to help out. Many working parents send their kids to stay with their grandparents for part of the summer, which can work well if the grandparents live somewhere fun, like close to a beach or even on a farm.

Take them away yourselves

You probably don’t want to go on a vacation with your ex and the kids soon after your divorce, although some co-parents do. However, if you can take the kids on a vacation for a week, and your co-parent can take them away for a week, that is two weeks covered right there, with some quality bonding time and fun thrown in. While you may have your differences with your co-parent, if you both put your children’s best interests first and are willing to cooperate and be flexible with each other, it can make summer simpler. Discussing things now, as you divorce, gives you a good chance to put some guidelines down in writing.]]> On Behalf of The Law Offices of Jesse V. Barrientes <![CDATA[How do Illinois courts determine the best interests of a child?]]> https://www.barrienteslaw.com/?p=48011 2026-04-07T15:29:12Z 2026-04-07T15:29:12Z Core factors courts consider under Illinois law Instead of using the term “custody”, Illinois law refers to this as allocating parental responsibilities and parenting time. During this process, courts prioritize arrangements that benefit your child when determining schedules and decision-making power. They accomplish this by considering the following factors:
  • Your child’s needs, maturity, wishes and adjustment to home, school and community
  • Each parent’s wishes, ability to make joint decisions and willingness to support your child’s relationship with the other parent
  • Each parent’s history of abuse, domestic violence, safety risks, substance abuse or criminal history
  • Practical issues like the distance between homes, schedules and transportation
After carefully reviewing each of these factors, the judge chooses the arrangement that provides your child with the most stability, safety and welfare. Courts tailor these agreements after examining each family's case individually.

Building a brighter future for your child

Your actions during a divorce can affect the judge’s final decision. By demonstrating your willingness to cooperate with the other parent and follow a court-ordered plan, you can secure a place in your child’s life and help them mature and develop. The choices you make today can lay the foundation for your relationship with your child for years to come.]]> On Behalf of The Law Offices of Jesse V. Barrientes <![CDATA[Which parent decides the religion of a child after a divorce?]]> https://www.barrienteslaw.com/?p=48010 2026-03-11T08:44:19Z 2026-03-11T08:44:19Z Who has the authority to determine a child’s religious upbringing? In Illinois, courts divide significant decision-making responsibilities between parents following a divorce. These decisions include a child’s religious education and practices. Illinois law provides clear guidance on how parents can manage religious decisions after a divorce, outlining the possible approaches:
  • If one parent has sole responsibility, that parent decides the child’s religion.
  • If parents share responsibility, they must agree on the child’s religion.
  • If they cannot agree, a mediator or the court may help. The court may also give one parent authority over religious decisions.
Ultimately, the court's primary concern is the child's best interests. While one parent may decide the child’s official religious affiliation, the other parent can usually take the child to different services during their time. A court only limits a parent’s religious activities if it is proven they harm a child’s health or emotional development.

Supporting your child’s well-being

Illinois child custody laws encourage parents to cooperate on religious decisions. When disputes arise, the court prioritizes the child's welfare. It is important to focus on your child’s health, stability and safety. By communicating openly with the other parent, you may also be able to reach a conclusion that supports your child’s growth.]]> On Behalf of The Law Offices of Jesse V. Barrientes <![CDATA[Handling retirement accounts in Illinois property division]]> https://www.barrienteslaw.com/?p=48009 2026-03-03T11:32:52Z 2026-03-03T11:32:52Z Dividing retirement accounts during a divorce can feel complicated. Yet, understanding how Illinois treats these assets can help you manage the process more easily.  Retirement savings are not just numbers on a statement — they reflect years of hard work and plans for your future. How these accounts are split can have long-term consequences, so looking at them early in the divorce process can help prevent surprises later.

Spotting which accounts matter most

In Illinois, property division follows equitable distribution. This means the court aims for a fair division, not necessarily an equal one.  The state treats most retirement accounts earned during the marriage as marital property. Accounts you had before marriage or inherited often stay separate, though the court may include any earnings on those accounts during the marriage in the marital estate. Collecting detailed statements from your 401(k), IRA, pension or other retirement accounts can create a clearer picture for negotiations or court decisions. Having an expert check your documents can make sure these records are complete and your rights are protected.

Mapping out a smart split

Once you know which accounts are part of the marital estate, the next step is figuring out how to split them without triggering taxes or penalties. Formal agreements called qualified domestic relations orders (QDROs) or similar orders can facilitate this transfer. You may consider:
  • Gathering all account statements to see current balances and contributions
  • Identifying which accounts are marital versus separate property
  • Noting employer contributions or matching funds that occurred during the marriage
  • Considering tax implications for withdrawing or transferring funds
  • Consulting with financial or legal professionals to review potential splits
Following these steps can turn what feels like a confusing process into a structured approach, giving both you and your spouse clarity on how retirement assets will be handled.

Protecting your future after divorce

Handling retirement accounts is more than dividing assets fairly today. It is about protecting your financial future. Approaching the process thoughtfully can transform a challenging part of divorce into a manageable step toward stability and confidence in your post-divorce life.]]>