Category Archives: Child Custody

What Are Signs It Might Be Time to Petition for Primary Child Custody?

DuPage Count divorce attorney child custody order modificationAfter your divorce, if certain circumstances change with regards to your co-parent, you might want to consider the modification of child custody orders. However, doing something like petitioning for sole custody of your children or significantly altering parenting timechild visitation rights, allocation of parental responsibilities, or parenting plans can often be a contentious and complex legal issue. You need to be sure you have a strong case to request such modifications. Below are some signs it might be time for you to request modifications of child custody orders or other orders pertinent to parenting.

5 Warning Indicators That Child Custody Modification Is a Good Idea

While many indications that you might need to assume sole custody of your children are more obvious than others, there are still plenty of warning signs—both blatant and subtle—that now might be the right time to take legal action. Overall, the most important thing to consider with any order modifications related to your kids is whether making such changes will be in your children’s best interests. Here are some of the most significant reasons to seek such modifications:

  1. You suspect your co-parent is abusing your children, be it physically, sexually, or in any other way that causes harm to them. In most cases, if your children are found to be in immediate harm’s way, this will expedite such modification orders.

  2. Your co-parent has been convicted of a crime that will prevent him or her from fulfilling parental obligations. If the co-parent is sentenced to prison time, then obviously changes will need to be made to the child custody orders. These will usually be uncontested since there is really not any argument the co-parent can make against most of these modifications.

  3. Your co-parent has a substance abuse or other behavioral problem that prevents him or her from upholding parental responsibilities. For instance, if your co-parent now has a drug addiction that puts your children in jeopardy or prevents your co-parent from parenting properly and safely, then the children need to be taken out of that situation. In addition, if your co-parent enters an alcohol or drug rehabilitation program, then the orders will also need to change.

  4. Your co-parent violates the court orders set in place for your shared parenting objectives. Especially if done repeatedly, lack of compliance with court orders and refusal to adhere to the guidelines set forth in your divorce agreement and original child custody orders might mean that the other co-parent needs to be excised from your children’s care for negligence and non-compliance.

  5. If any other circumstances change in your co-parent’s life that could significantly affect your children’s best interests, then modification of child custody orders might be necessary. Possible other examples of this include your co-parent’s relocation to a different state, making agreed-upon visitation rights/parenting time and frequencies impossible to achieve. Also, a change in your co-parent’s environment may make it increasingly difficult for your children to have their needs met when under the co-parent’s care.

Contact a Wheaton, IL Child Custody Order Modification Lawyer

If any of the aforementioned scenarios describe your current circumstances with your co-parent—or if anything your co-parent is currently doing might not be in your children’s best interests, you have the right to seek modification orders for child custody/allocation of parental responsibilities, visitation rights/parenting time, or any other number of parenting concerns. To do this, contact a DuPage County family law attorney at 630-871-1002 for a free consultation. The compassionate professionals at Andrew Cores Family Law Group will develop, file, and argue the appropriate modification orders to safeguard your children’s well-being.

Sources:

http://www.ilga.gov/legislation/ilcs/documents/075000050K602.9.htm

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2086&ChapterID=59&SeqStart=8300000&SeqEnd=10000000

https://www.womenslaw.org/laws/general/custody/changing-final-custody-order

 

Why Does Illinois Have Such Low Divorce Rates?

DuPage County divorce attorney child custodyWith the average divorce rates in the nation for first-time marriages hovering near 40 percent and many states’ overall divorce rates approaching 20 percent, it is difficult to believe that some states like Illinois have consistently reported single-digit divorce rates. For 2018 alone, the U.S. Census reported that Illinois had a divorce rate of less than 7 percent. So why does Illinois have one of the top five lowest divorce rates in the nation? The answer might surprise you.

6 Reasons Illinois Has Low Divorce Rates

As with most complicated cases of this kind, there is not one single definitive cause; the reasons behind the low divorce rates in Illinois are complex and numerous. Among the most notable bases for these low divorce rates are:

  1. Safer Environments—Relative to other states in the nation, Illinois is actually quite safe. Most statistics suggest a strong correlation between a lack of safety and divorce. If you are not fearful of your safety every day, you will probably be more content to stay married.

  2. Higher Incomes—Data also suggests a significant correlation between poverty or households with less income and higher divorce rates. Unlike many other states, especially those in the south, Illinois has a relatively high median income for its residents. With one of the major causes of divorce no longer an issue in many Illinois households (financial problems), couples are less stressed and therefore happier together.

  3. Increased Rates of Cohabitation in Lieu of Marriage and Fewer Marriages in General—The rates of marriage have been on the decline for years now; more and more couples are simply cohabitating without getting married. Illinois laws have been particularly open to cohabitation agreements and domestic partnerships in recent years, so it has become much easier for people to choose these over marriage, which leads to fewer divorce cases.

  4. Greater Willingness to Work Things Out—While this might seem counterintuitive in a culture where divorces are so easily accepted by society, many couples do try to work things out in the marriage, especially with the many diverse, reputable options in Illinois with regards to marriage counseling. Many spouses do not want to give up on their marriages, and they especially do not want to face the complications associated with divorce, including the challenges of determining child custody and parental responsibilities.

  5. Marriage at Older Ages—This is common not only in Illinois but also throughout the nation: People are getting married later in life these days. This means they tend to be much more mature about their relationships. Even before tying the knot, they have much more certainty about what they want in their marriage and how compatible they are with their partner.

  6. Prohibitive Expenses of Divorce—Divorces can be very expensive, and many troubled couples who might be prime candidates for divorce avoid it to simply save money no matter how unhappy or unsatisfying their marriages might be.

Contact a DuPage County Divorce Lawyer

Despite the relatively low divorce rates in Illinois, that does not mean that divorce is not right for you. Depending on your situation and after trying to work through your differences, it may still be in your best interest to end your marriage. Under those circumstances, it is important to consult with an experienced Wheaton, IL divorce attorney. The skilled team at Andrew Cores Family Law Group will walk you through the divorce process and make your divorce as easy and painless as possible. Call our office today at 630-871-1002 to schedule a free consultation.

Sources:

https://dailynorthwestern.com/2020/02/25/city/happily-ever-after-in-the-prairie-state-experts-examine-illinois-low-divorce-rates/

https://www.bustle.com/p/states-with-the-lowest-divorce-rates-have-these-7-things-in-common-17045561

https://www.realsimple.com/work-life/family/relationships/how-to-move-on-after-breakup

 

How Can I Settle Co-Parenting Issues When Staying-at-Home in Illinois?

DuPage County divorce lawyer COVID-19 child custodyOver the last few months, it may have become increasingly difficult for you and your co-parent to properly follow your court-approved parenting plan. You both want to fulfill your parental responsibilities and ensure that you can spend a fair amount of parenting time with your kids, but you also do not want to put anyone’s health or safety at risk. Conflicts in these areas may be even worse if you and your co-parent have different philosophies regarding the Illinois Stay-at-Home Order. Governor Pritzker deemed from the beginning of the order that it is essential for parents to honor their court-ordered parenting commitments, but under certain circumstances, doing so might not be a good idea. Here are some things to consider while you both adapt to the “new normal” as co-parents during a crisis:

What to Consider When Addressing Co-Parenting Conflicts

Perhaps your co-parent refuses to wear a mask in public as ordered by the governor, or your co-parent has accused you of not keeping your home sanitary enough during these challenging times. Before getting into a heated argument about these issues, you may want to consider some of these main points when addressing each grievance:

  • Remain calm. Heated arguments will not do anyone any good. During a crisis such as this, contentious disputes can be even more detrimental than under normal circumstances. It certainly will not help your children if they witness any of that behavior, since they likely already dealing with enough stress.

  • Always keep your children’s best interests in mind. Even if you truly believe that your house is “clean enough” or that you and your children do not need to wear masks, you should still err on the side of caution, especially if your co-parent is particularly adamant about specific issues. Just as you did during the divorce process while you were making decisions about child custody, you both need to make compromises based on what is in your children’s best interests. Right now, their health and safety should be your top priority.

  • Consider risks and resources equally. Under normal circumstances, your children may have needed to travel to see the other parent often, and they might have been required to take public transportation or travel by air. If you, your children, or the other parent feel uncomfortable with that idea, then you will need to think about alternative means of communication and visitation, such as video calls. In addition, if your house is inhabited by “higher-risk” individuals like grandparents, you might not want to bring the children around too often. If either of you or others in your household spend significant time in public, then your home might not be the safest environment at this time. However, while you are weighing these risks, you should also consider the benefits and resources. For example, if your Internet connection is more reliable, or if your neighborhood has more open spaces for safe public activities, your home might be a better option for your kids during these unprecedented times.

  • Call your lawyer for help. If you and your co-parent cannot make any headway on resolving your co-parenting conflicts, if you need advice in general about what what you should do, or if you and your co-parent have agreed to update your parenting agreement with some modifications of child custody orders, reach out to your lawyer to get legal guidance and make sure your rights are protected.

Contact a Wheaton Parenting Time Lawyer

In times of crisis, tempers may flare, and finding common ground can seem impossible as you try to successfully co-parent your children. No matter how different your approaches to parenting are, you have the option to revise your parenting plans or make verbal agreements about temporary changes to child custody arrangements. Whether you are seeking modifications to your current child custody orders or need help addressing concerns about your children’s safety, contact a DuPage County family law attorney at 630-871-1002 for a free consultation.

Sources:

https://newschannel20.com/news/local/parental-rights-during-quarantine

https://www.dailyherald.com/entlife/20200418/co-parenting-during-covid-19

https://www.chicagotribune.com/coronavirus/ct-life-divorce-custody-parents-coronavirus-20200328-snl35ecdh5g77la3ln4h2twxku-story.html