Tag Archives: child custody

What Are Parenting Time Rights in an Illinois Divorce?

DuPage County parenting time attorneyGoing through a divorce can be difficult on an adult as well as a child. The end of a marriage also means the end of the family unit as they knew it. Determining child visitation, now referred to as “parenting time” in Illinois, can be a complicated matter. The child’s best interest is what the court considers when parenting time rights are being established in any divorce settlement. Parenting time can be divided in many different ways, but it is imperative that the parents keep personal preferences out of the equation and devise a plan that works best for the child.

Determining the Child’s Best Interests

It is recognized by the state that in most cases, it is best for children to have a healthy relationship with both their mother and father, and those familial bonds are essential in their development. While parents may be able to reach an agreement on how to share parenting time, they may need to settle these issues in court if they cannot do so on their own. A judge will consider various types of information when determining the best outcome for the child, and the following elements are taken under advisement:

  • Parents’ wishes

  • Child’s wishes

  • Child’s age

  • Time and dedication the parent can provide

  • Life at home, school, and community

  • Mental and physical health of all involved parties

  • History of violence

  • Parents’ willingness to co-exist

  • Whether a parent is an active military member

  • Whether a parent is a convicted criminal

Keeping all of these factors in mind is crucial to ensure that the child receives the best possible care and upbringing. In some cases, certain factors might have more weight than others when deciding parenting time. It is up to the parents and their attorneys to ensure everything is communicated properly to the court.

Possible Outcomes

The allocation of parental responsibility (formerly known as child custody) refers to the authority to make decisions about children’s upbringing, and responsibility may be shared between parents or allocated to one parent. However, regardless of how these responsibilities are allocated, each parent is entitled to reasonable parenting time with their children, as long as the child will not be endangered during their periods of parenting time. A parenting time schedule will be included in the parenting plan that is part of a couple’s divorce decree. While this schedule is meant to remain in place for the foreseeable future, modification of parenting time is possible in certain scenarios, such as emergency orders of protection, a change in parental income, the relocation of a spouse, or other situations.

Contact a Wheaton, IL Parenting Time Attorney

Divorce is not easy for anyone, especially if it involves a child who now has to split time between two parents. This can cause anxiety for all involved parties. As a parent, ensuring the best for your child should be of the utmost importance. The devoted attorneys at Andrew Cores Family Law Group will take the time to ensure that you understand your rights to parenting time, and we will work with you to help secure the best possible outcome for you and your child. Our experienced DuPage County divorce attorneys will work with you every step of the way during the proceedings. To schedule a free consultation, call our office today at 630-871-1002.

Sources:

https://www.liveabout.com/illinois-child-custody-guidelines-2997106

http://www.ilga.gov/legislation/101/HB/10100HB0185.htm

7 Tips for Achieving an Amicable Divorce in Illinois

Naperville amicable divorce attorneyWhen someone hears the word “divorce,” it typically has a negative connotation. The break-up of a marriage can be sad, but for some couples, going their separate ways is for the best instead of staying in an unhappy union. An amicable divorce is possible if both partners are willing to compromise on certain issues. If a child is involved, the parents can work together to come to agreements on what is in the best interests of their child. This is important for such issues as allocation of parental responsibilities and parenting time.

Practical Advice for a Healthy Divorce

The following tips can help a couple who are divorcing achieve the best possible outcome for all family members:

1. Do Not Let Your Emotions Rule You

There is no denying that divorce is an emotional time. However, allowing your emotions to get the best of you does not help the situation. A moment of rage is not worth losing parental responsibility or parenting time. Think twice before you say something you might regret, since your soon-to-be ex-spouse could use it against you.

2. Learn How to Compromise

The entire divorce process is a negotiation. Difficult decisions will have to be made about who gets what. This could include marital property, as well as allocation of parental responsibilities and alimony. A true compromise takes place when each person gains and loses something. For example, the parent who will have the majority of parenting time may wish to keep the house to ensure that the children will not be uprooted.

3. Control Jealous Feelings

You have to accept that your marriage is over. If your ex has a new love interest, being bitter or angry about this is not going to help you move on with your life. You do not have to be best friends with your ex, but you can still be civil to each other. This is especially important if you and your ex have a child together. Letting go of past resentments will help everyone transition to their new lives once the divorce is final.

4. Do Not Vent on Social Media

Airing your frustration or grievances on social media accounts is not a good idea when going through a divorce. Your ex may try to use negative comments or inappropriate photos you posted as a way to prove you are an unfit parent.

5. Do Not Make Children Take Sides

One of the most important tips for having an amicable divorce is keeping the children out of disputes as much as possible. Discussing matters in front of the children puts pressure on them to take sides. Children love both of their parents, so this can be particularly painful for them. Consider their feelings by putting yourself in their shoes.

6. Join a Divorce Support Group

A support group can help you deal with the rollercoaster of emotions that accompany the end of a marriage. Talking to people who are going through the same life event can be comforting and motivating.

7. Hire an Experienced Attorney

Even if you and your spouse are parting on friendly terms, it helps to seek legal advice in order to understand all of your legal requirements and complete the necessary paperwork and documentation. A law firm with experience representing divorcing spouses can point out any potential problems in your divorce agreement and advocate for your rights throughout the divorce process.

Contact a Wheaton, IL Divorce Lawyer

A divorce does not always have to be ugly or complex. It is possible for a couple to part ways in a respectful, friendly, and fair manner. Marital assets can be divided equitably, and child-related issues can benefit both parents while still being in the best interests of the child. The Andrew Cores Family Law Group has handled many different types of divorce cases. Find out how a knowledgeable DuPage County divorce attorney can help you achieve an amicable divorce by calling our office today at 630-871-1002 to arrange a free consultation.

Source:

http://womantribune.com/9-tips-amicable-divorce/

 

What Role Does a Guardian Ad Litem Play in an Illinois Divorce?

Naperville divorce attorney guardian ad litem

Divorce can be a stressful and lengthy process. When children are involved, it can get even more complicated. If both parents cannot agree on child-related issues such as the allocation of parental responsibilities or parenting time, the final decision in these matters may need to be made by the court. In some cases, a judge may require the help of a neutral party who will not argue on behalf of either parent. Under Illinois law, a guardian ad litem (GAL) is defined as a lawyer appointed by the court in a divorce case who will help determine the best interests of a child. A GAL can be appointed if one parent is concerned about their child’s safety or well-being, or if a judge decides a GAL is needed during the negotiations.

What Does a Guardian Ad Litem Do?

In some divorce cases, one parent may wish to relocate to another state with the child due to a job transfer. Other cases may involve suspected child abuse or neglect by one of the parents. In these types of cases, or in other cases involving contentious disputes between divorcing parents, one parent may request that a GAL be assigned, and in other instances, a judge will automatically assign a GAL. A GAL is sometimes referred to as a “Child Representative,” since their primary concern is determining what is in the best interests of the children involved in the case. Judges respect the opinion of a GAL, his or her understanding of the law, and what is best for the child’s welfare. In a way, the GAL acts like a second judge on the case.

The judge will ultimately decide who should have parental responsibilities of a child, but often, the judge has no prior knowledge of the facts of a case. The GAL can provide the judge with details of the case, and they will typically file a report with the court. This report can include descriptions of issues between the parents or between the parents and the child.

The GAL can investigate the family’s history and events or incidents that might have led to the current disputes, and they may predict the future needs of the child. In certain cases, it may be necessary for the GAL to talk to teachers, relatives, neighbors, or physicians to get a better understanding of the child’s behavior or emotional state as a result of the divorce or one parent’s actions. The GAL will usually visit both parents’ homes to interview all family members who live there, and they will meet with each parent and the child. This is referred to as a home study.

The GAL’s main purpose is to investigate and give a recommendation to the judge as to which parent should be allocated parental responsibilities, whether joint or sole parental responsibilities should be allocated, and the amount of parenting time each parent should receive. A judge is not required to follow the GAL’s recommendations, but the judge will typically place a lot of weight on the GAL’s opinions.

Contact a Wheaton, IL Family Law Attorney

Divorces that involve children can be contentious, but one of the most important aspects of a divorce case is determining what is in the best interests of the child. Disputes between the parents or other factors that affect the child may lead to the appointment of a guardian ad litem. A compassionate DuPage County divorce lawyer can help you understand the best way to deal with a GAL, making sure your parental rights are protected during your divorce. To schedule a free consultation, call Andrew Cores Family Law Group today at 630-871-1002.

Sources:

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=075000050K506

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=070504050K2-17