How Divorce Mediation Protects Children

Wheaton, IL Mediation LawyerDivorce is a stressful process no matter what method you choose. While spouses are busy dividing their union into two separate lives, researchers recommend they do their best to make sure any children they share stay atop the priorities list. Although children may say they are fine with the situation, the process is always emotional and confusing. The final result may be a new living arrangement and lifestyle. They will likely miss at least one parent every day, and possibly lose friends at school due to a relocation.

Parents looking for an alternative to divorce litigation will find divorce mediation offers an opportunity to both protect and prioritize their children. Divorce mediation benefits include:

Parents Lead by Example

There are no benefits derived from a child witnessing their parents argue. Although spouses can terminate their marriage, they will always be parents. Divorce mediation avoids the emotional courtroom arguments by allowing both parties to come together and discuss their options civilly. If emotions begin to escalate, they can walk away and revisit the matter once tensions have subsided. Mediation is an excellent chance to teach children a valuable lesson, that no matter what hard feelings may exist, you can put them aside and compromise for the betterment of everyone involved.

Creating a Divorce Agreement that Puts Children First

Although the Illinois court system uses the idea of “what is best for the children” as the basis for all decisions during a divorce, it is often difficult for an unrelated judge to fully understand the intricacies of daily life within the family unit. Each family has a different routine and diverse roles; no two are alike. A judge will make a decision based on their outside perspective. Only the individuals in the situation grasp what daily life is like, which gives them a unique ability to determine what arrangement would work best to keep post-divorce life as normal as possible. The children will ultimately benefit if two parents can work together to create a parenting agreement.

Contact a DuPage County Divorce Lawyer

Regardless of the method of divorce chosen, children should always remain the primary focus. If you feel your children are suffering due to your separation and you would like a more amicable divorce option, a proven Wheaton, IL divorce mediation attorney can help. The experienced lawyers at Andrew Cores Family Law Group are trained in alternative dispute resolution and will work to protect your family’s interests. A member of our team will happily answer your questions and advise you of the options available for your situation. Call our office today at 630-871-1002 to schedule your free consultation.

Sources:

http://law.marquette.edu/courtadr/wp-content/uploads/2011/08/Child-Focused-and-Child-Inclusive-Divorce.pdf

http://collablawil.org/wp-content/uploads/2015/08/McCormack-CDLB-July-2015-Children-Mediation-Process.pdf

Do Grandparents Have Visitation Rights in Illinois?

DuPage County Family LawyerGrandparents play a pivotal role in family structure. Parents provide for their children, discipline them, keep them safe, and teach them to be functioning members of society. Grandparents, on the other hand, provide unconditional love, wisdom, and a link to family history. Research suggests having a strong grandparent-grandchild connection has long-term benefits. Unfortunately, in some cases, grandparents find themselves unwelcome near their grandchild.

If a parent or parents refuse to allow visitation, do Illinois courts grant grandparents visitation rights?

Child Visitation at Parent’s Discretion

The laws surrounding parenting time and visitation focus on what is in the best interests of the child. In Illinois, the court assumes the parent also has that in mind and does not intend to intervene. Furthermore, the rights of a fit parent are constitutionally protected. It is right of the parents, not the court, to determine with whom their children should interact. Unless the actions of the parent are harmful or otherwise detrimental to the child in question, the courts typically rule in favor of the parent.

Grandparent Visitation Rights

If a grandparent can prove the parent is unreasonable by denying visitation with the grandchild, and the child in question is at least 1 year old, the court may create a visitation order. However, to complete the petition, one of the following must also be true:

  • A parent must be deceased or missing for at least three months;
  • A parent must be ruled incompetent;
  • One parent is incarcerated for at least three months;
  • The parents are divorced, pending divorce, or legally separated, and one parent agrees;
  • The parents are unmarried and are not living together; or
  • An order does not diminish visitation with the unrelated parent.

Contact a Wheaton, IL Family Law Attorney

This article should not replace direct legal counsel specific to your situation. Each case is unique, and an experienced lawyer will know the course of action that is best for you. If you are a grandparent and have been denied visitation of your grandchild, a DuPage County grandparents rights attorney can help. The lawyers at Andrew Cores Family Law Group understand how disheartening it can be when you are separated from the ones you love. Find out how we can help. We offer a free, confidential initial consultation. Call us today at 630-871-1002.

Sources:

https://www.aha-now.com/role-of-grandparents-in-family/

http://www.ilga.gov/legislation/ilcs/documents/075000050K607.5.htm

Restricting Parenting Time After Divorce in Illinois

child-visitation-modificationThere are a multitude of reasons a parent may wish to restrict visitation between a child and their other biological parent. Sometimes there is evidence of neglect or abuse, and in other cases, the child does not want to go for their own reasons. No matter the situation, a parent’s natural instincts kick in to protect their child and do what is best for them. Yet you must balance that with what is also legally appropriate.

When it comes to parenting time in Illinois, is it ever permissible to restrict visitation?

Obstructing Court Order

Typically, only under the direst of circumstances will a judge restrict visitation to a biological parent. However, a clause exists protecting children from potential danger. After any court order is given, such as a parenting time agreement, only a judge can legally approve modifications. Non-compliance with a standing court order is illegal and can result in harsh penalties, but a judge can authorize modifications if evidence exists that visitation would endanger the child’s physical, mental, moral, or emotional health in a serious manner.

Child Visitation Modification

Although courts in Illinois prefer to allow both parents to share parenting time responsibilities, if doing so places the child in immediate danger, the court can make any modifications they deem appropriate, including, but not limited to:

  • Reducing or eliminating parenting time;
  • Ordering supervision with parenting time or temporary visits;
  • Requiring child exchange through a third-party;
  • Restricting proximity or communication;
  • Mandating a location for visitation;
  • Restricting certain third-parties from vicinity during parenting time;
  • Denying visits if the parent is under the influence of drugs or alcohol;
  • Requiring one parent to post bond before parenting time;
  • Prohibiting overnight stays;
  • Requiring the completion of a treatment program; or
  • Any other restriction the court approves.

Ask a Wheaton, IL Family Attorney

No matter how you feel about your ex, only the court may reduce or restrict parenting time arrangements. Acting without the appropriate legal measures in place may result in contempt charges, followed by hefty fines and jail time, neither of which helps protect your children. If you would like to modify an existing parenting plan, a proven DuPage County parenting time attorney can help. At Andrew Cores Family Law Group, we understand the need to protect your children and we will do everything in our power to ensure their safety as quickly as possible. Call us today to schedule your free and confidential initial consultation at 630-871-1002.

Source:

http://www.ilga.gov/legislation/ilcs/documents/075000050K607.5.htm