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630-575-8585

2015 Spring Road, Oak Brook, IL 60523

Top Chicago Area Divorce Lawyers
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Western Springs child custody attorney

Illinois courts make all child-related decisions based on the child’s best interests. Unfortunately, it is sometimes in a child’s best interest not to spend time with one of his or her parents. If a mother or a father cannot adequately protect a child’s safety or provide for the child’s basic needs, that parent may be declared an “unfit” parent. This means that the court may place restrictions on some or all of the parental rights, including parenting time. If you have reason to believe that parental fitness may be a consideration in your child-related legal dispute, speak to an experienced divorce attorney to receive the personalized guidance you need for a favorable outcome.

Establishing Parental Fitness

The question of parental fitness is often brought up during child custody disputes. If evidence shows that a parent is unfit, he or she may no longer be permitted to share in decision-making responsibility for the child, and restrictions may be placed on his or her parenting time. A range of issues can bring a parent’s fitness into question, but courts typically consider a parent to be unfit if one or more of the following elements are present:

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Cook County divorce attorney parental relocation

Sharing parental responsibility and parenting time with your ex-spouse can sometimes be challenging. You and your child’s other parent may disagree about certain aspects of your child’s upbringing, or you may struggle to find a division of parenting time that allows you both to see your child as much as you want. One issue that often leads to disputes after a divorce is parental relocation. If you or your ex is planning to move, you may wonder how this relocation will affect your shared parenting time arrangements. Illinois law dictates when a parent must seek approval from a judge before moving, so it is important to know the stipulations that may apply to your situation. If you have any child-related disputes with your child’s other parent, an experienced divorce attorney can help find a solution that works for you.

How Far Away Is the New Residence?

The law treats parental relocations differently depending on how far away the parent is planning to move. Local relocations do not require the parent to seek court approval. However, the parent will be required to take additional steps if moving involves any of the following aspects:

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DuPage County divorce parenting plan attorney

If you and your spouse have children together, and you are going to get divorced in Illinois, you will be required to create a parenting plan or agreement. A parenting plan outlines the way the allocation of parental responsibilities and parenting time will be managed after the divorce. In some cases, one parent may have all of the parenting time, often referred to as having “sole custody,” but many divorced couples have a shared parenting arrangement. Coming to an agreement about the required provisions in a parenting plan is not always easy, but with an experienced attorney’s help, you can resolve many of these issues. 

Key Elements of a Shared Parenting Arrangement

There are several issues that must be addressed in your parenting plan. You will need to list your child’s official address for school enrollment purposes as well as each parent’s address and contact information. You will need to decide which parent will have the majority of parenting time as well as how important child-related decision-making responsibilities should be divided or shared between the parents. You will also be required to create a plan for how the child will be transported between the two households. An Illinois parenting plan must also include information about how any future proposed changes to the parenting plan or future parental relocations should be handled. There are also provisions describing other parental rights and responsibilities.

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Botti Marinaccio, LTD.

630-575-8585

2015 Spring Road, Oak Brook, IL 60523

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