parenting time

How Can Parents Resolve Child Custody Disagreements in a Divorce?

Posted on March 22, 2021 in Divorce

Divorce involving children brings about additional concerns. Parents will need to decide how they will make major decisions about the child, including where he or she will attend school, what types of extracurricular activities he or she will participate in, how the child’s medical care will be managed, and much more. Parents must also decide how they will divide “parenting time” or the time that a parent is directly caring for a child. Disagreements about parental responsibilities and parenting time can be difficult to overcome. Understandably, most parents have strong opinions about what they think is best for their child. Read on to learn about some of the most common child custody dispute resolution methods in Illinois divorce cases.

Negotiating an Agreement Through Your Lawyers

Divorcing parents in Illinois must make specific plans about how parenting duties will be handled after the divorce. In their “parenting plan,” the parents will describe which parent will make decisions about the child’s healthcare, education, religious upbringing, and other major concerns. They must also describe a method or schedule for dividing parenting time. The parenting plan also describes the child-related rights that parents have, including the right to know about child-related emergencies, access to the child’s school reports and medical records, and more.

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When Can Parental Rights Be Terminated in Illinois?

Posted on February 28, 2021 in Divorce

Cook County family law attorney parenting time

Being a parent is a tremendous responsibility. Being a parent also affords individuals certain rights under Illinois law. For example, a parent has a right to “parenting time” or the right to spend time with his or her child. However, there are situations in which a parent’s parental rights can be terminated. Some parents voluntarily relinquish their parental rights while others have their parental rights involuntarily terminated because they are found to be “unfit.”

Voluntary Relinquishment

Children can only have two parents according to Illinois law. If an individual such as a stepparent wishes to become a child’s legal parent, the other parent may need to relinquish his or her parental rights. Once a parent has relinquished his or her parental rights, he or she no longer has a right to parenting time or the right to make decisions about his or her child’s upbringing. The parent is also relieved of child support obligations. Illinois courts always make child-related determinations based on what is in the child’s best interests. Courts generally assume that a child should have financial support from two parents instead of only one. Therefore, courts typically only grant a voluntary relinquishment of parental rights if another individual is prepared to adopt the child.

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How Illinois Courts Decide Parental Responsibility and Parenting Time

Posted on November 23, 2020 in Divorce

DuPage County divorce attorney parenting plan

Several years ago, Illinois enacted considerable changes to the way child custody is allocated to divorced or unmarried parents. The terms child custody and visitation have been replaced by “parental responsibilities” and “parenting time” respectively. This change is intended to represent parenting authority as a spectrum instead of an either-or situation in which one parent is the custodial parent and the other parent only receives visitation. If you are planning to divorce, you and your spouse may design whatever type of parenting arrangement you see fit. However, if you cannot agree on a parenting plan, the court will determine a plan for you. In order to do so, the court will consider the best interests of the child.

What Does “Best Interests” Mean?

If there is a dispute about the allocation of parental responsibilities and parenting time, Illinois courts use a series of factors called “best interest factors” to determine what type of parenting arrangement would be best for the child. The best interest factors the court considers when allocating decision-making authority include but are not limited to:

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Can I Stop My Child’s Other Parent From Moving Away with My Child?

Posted on October 05, 2020 in Divorce

Oak Brook divorce lawyer parental relocation

Dividing the time you and your ex-spouse spend with your child can prove difficult after your divorce. So, the thought of spending even less time with your child can be gut-wrenching. If your child’s other parent wishes to move a significant distance away, you may worry about how this will affect your parenting time arrangement. You may wonder if there is anything you can do to ensure that you will still get adequate time with your son or daughter or if you can prevent the relocation entirely. An experienced attorney can explain the laws regarding parental relocation and how it applies to your situation.

Defining “Relocation” With Regard to Illinois Law

One of the updates to the Illinois Marriage and Dissolution of Marriage Act (IMDMA) that went into effect in 2016 specifically addressed the rules regarding parental relocations. Special rules apply when a parent with the majority of the parenting time or equal parenting time relocates to a location that is:

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Top Tips for Reducing Children’s Stress During a High-Conflict Divorce

Posted on July 15, 2020 in Divorce

Burr Ridge high-conflict divorce attorney

Marriages end for countless reasons. Some spouses simply grow apart while others experience a major breach in trust that brings the relationship to a screeching halt. If an issue such as infidelity has led to the breakdown of your marriage, there may be a great deal of tension and resentment between you and your spouse. If you are a parent, you are probably worried about how this tension will affect your children. Fortunately, there is considerable research about the effects of high-conflict divorce on children and the steps that parents can take to reduce their children’s stress during this tumultuous experience.

Avoid Arguing With Your Spouse or Discussing Legal Matters in Front of Your Kids

Numerous studies have demonstrated the harmful effects of parental conflict on children. Although many parents in miserable marriages stay married for their children’s sake, research shows that many children feel less anxiety and depression once their parents separate compared to what they did when the parents were living together. Being exposed to arguments and tension between parents can increase a child’s chances of developing mental health problems and behavioral issues. One of the best ways to help reduce your children’s stress during divorce is to avoid talking about divorce-related issues such as child support or spousal maintenance in front of the children as much as possible.

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Can Illinois Grandparents Receive Visitation With Grandchildren?

Posted on April 17, 2020 in Family Law

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For many children, spending time with grandparents is just as vital to their happiness and success as spending time with their parents. Across the country, millions of grandparents are an integral part of their grandchildren’s lives. Many older parents worry that if their child gets divorced, they will no longer be able to spend time with their grandkids. In some cases, a grandparent may need to petition the court in order to be granted visitation with their grandchildren. If you are seeking this type of order, it is essential that you obtain professional legal counsel so you fully understand your rights as a grandparent.

Circumstances That May Lead an Illinois Court to Order Grandparent Visitation

Unless parents have lost their parental rights due to abuse, abandonment, serious drug addiction, or another reason, they have a legal right to spend time with their children. This right does not automatically extend to grandparents. However, grandmothers and grandfathers may be able to receive a court order that grants them the legal right to visitation with their grandkids in certain situations. If you are a grandparent, you may be able to receive court-ordered visitation with your grandchildren if:

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Illinois Child Custody Concerns That Divorcing Parents Often Overlook

Posted on April 03, 2020 in Divorce

DuPage County child custody attorney

Going through a divorce when you and your spouse have a child together is often much more complicated than a divorce that does not involve a minor child. There are many questions that divorcing parents will need to address as part of the legal process of ending your marriage, including whether you will share custody of your child or assign the majority of the parental responsibilities to one parent. If you plan to have a co-parenting arrangement, you will need to determine which parent the child will spend the majority of his or her time with, how the child will be transported between households, and a number of other issues, such as parenting time during the holidays.

Parental Responsibilities and Parenting Time

Illinois replaced the terms “child custody” and “visitation” with the terms “allocation of parental responsibilities” and “parenting time” in 2016 as part of a major overhaul of the Illinois Marriage and Dissolution of Marriage Act (IMDMA). Divorcing parents in Illinois must decide how they will distribute parental responsibilities and parenting time, and these decisions will be formalized in their official parenting plan or parenting agreement.

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What Are the Laws Regarding Parental Relocation in Illinois?

Posted on January 22, 2020 in Divorce

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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How Should I Handle Disputes Regarding My Illinois Parenting Plan?

Posted on December 24, 2019 in Divorce

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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Tips for Helping Your Child Through a High-Conflict Illinois Divorce

Posted on November 05, 2019 in Divorce

Cook County high-conflict divorce lawyer

While all divorces involve at least some degree of hostility, a high-conflict divorce is especially contentious. Child psychiatrist Dr. Mark Banschick calls high-conflict divorces “malignant divorces” because of the stress and emotional burdens these splits can incur. If you are a parent who is getting divorced, and you have a combative relationship with your spouse, you probably worry about how this conflict will affect your child. There is no perfect way to help your child cope through a high-conflict divorce, but experts do have suggestions for how to minimize your child’s emotional trauma during a difficult divorce.

Have Adult Conversations Away from the Children

Experts agree that children can be deeply disturbed by parental conflict and fighting. The best way to minimize your child’s trauma during divorce is to keep adult conversations away from your child as much as possible. Studies show that when children watch or overhear their parents fighting, they are more likely to have behavioral and emotional problems. Working with a skilled mediator may be one way to keep divorce-related discussions compartmentalized, but this is not always a possibility during a high-conflict divorce. If possible, take divorce-related phone calls in another room and avoid “bad-mouthing” the other parent in front of your child.

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