Tag Archives: divorce attorney

When Is Supervised Parenting Time Appropriate in an Illinois Divorce?

Wheaton-supervised-parenting-time-lawyerDuring and after a divorce, the Illinois Marriage and Dissolution of Marriage Act allows both parents to have reasonable parenting time with their child. In some situations, if a parent is worried about his or her child’s physical or mental well-being when spending time with the other parent, he or she can request a hearing to ask for supervised visits. The parent requesting this supervision needs to show evidence to support this request. If you are ordered to have supervised parenting time with your child, an experienced family law attorney can help you determine the best way to proceed.

Factors that May Require Supervision

Many factors are considered when deciding if parenting time will be supervised or not. In general, Illinois courts prefer to promote a healthy parent-child relationship, even during disputes over parental responsibilities (child custody). For a parent to have supervised parenting time, the court must consider the child to be in serious danger if he or she were to be left alone for a period of time with that parent. The court also has the right to modify an existing parenting time order if needed.
If two ex-spouses have an argument, or if one parent does not like the other parent’s new partner, that typically does not qualify as seriously endangering the child mentally, physically, or emotionally. On the other hand, if the other parent (or his or her new love interest) is physically or verbally abusive to the child, that is grounds for seeking supervised parenting time. In some cases involving domestic abuse to the other parent or the child, the court may issue an order of protection to limit or restrict an allegedly abusive parent’s access to the child entirely.
If one parent is diagnosed as mentally ill or is found to be abusing drugs or alcohol, those would be valid reasons for supervised parenting time. After a certain amount of time, supervised parenting time orders can be reviewed to determine if they should be reversed or modified. This could happen in cases where an alcoholic parent becomes sober, or if they are under the care of a physician and are seeking treatment or therapy for a mental disorder.

Who Can Supervise Parenting Time?

Once supervised parenting time is ordered, the court can appoint another family member, a friend, or a third party to supervise the visits between a parent and child. Supervised parenting time centers can provide a neutral meeting place where trained staff or social workers can observe the visits. In most scenarios, there is no fee for low-income families to attend these centers.
In Illinois, courts can place other types of restrictions on parenting time if they determine it is necessary or in the best interest of the child, including specifying certain locations for visits,  denying parenting time when the parent is under the influence of drugs or alcohol, or restricting overnight parenting time.
Normally, only parents have a legal right to parenting time. In certain situations, however,  grandparents, great-grandparents, step-parents, and siblings can request a visitation order from the court if they so choose.

Contact a DuPage County Parenting Time Lawyer

Divorce can be difficult in many ways. If certain events lead to you being required to have supervised parenting time with your child, you should speak to a diligent Wheaton family law attorney. We can review your case to determine if the order can be reversed or modified. Call our office today at 630-871-1002 for a free consultation.

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

http://www.ilga.gov/legislation/ilcs/documents/075000050K603.10.htmhttps://www.ourfamilywizard.com/blog/making-most-supervised-visitation

 

New Year, New Move? Relocation and Children After Divorce

child-moving-divorceAdjusting during and after a divorce is often difficult for children. Experts believe children adapt better to life after a divorce when they continue a relationship with both parents. Illinois lawmakers agree and have several legal guidelines in place to prevent the unnecessary separation of children from their parents. However, we understand that no two situations are identical, and in some cases, it is in the best interest of the child to relocate.

Before packing your bags, consider these laws if you are weighing your options for a possible upcoming relocation:

Local Moves

The primary focus of child relocation laws is to uphold the best interests of the child without infringing upon the rights of either parent. These regulations also serve as a strong reminder that relocating with a child should not be taken lightly. With that, if you live in DuPage County or the surrounding areas, you do not need the approval to move so long as you remain within 25 miles of the original residence.

Long-Distance Relocations

Alternatively, if you plan to relocate farther away, you will need approval from the non-moving parent before your departure. Notice of your intent must be delivered to your ex-spouse at least 60 days prior to your move. If the move is unexpected, you must give the other parent notice as soon as possible. This written announcement should include all of the following details:

  • Intended moving date;
  • Address of the new residence; and
  • If the move is temporary, the expected length of duration.

The Waiting Game

Once you deliver a written notification, the non-moving parent has a decision: either sign the form to approve the move, or the case must go before a judge. If your ex supports the relocation, merely file the notice with the court and no further action is required. If, however, the other parent enacts their right to refuse your request, you must seek approval from the court. A judge will listen to all arguments and rule in the best interests of the child or children involved.

Ask a DuPage Family Law Attorney

If you anticipate a local or out-of-town move, it is essential to discuss it with a Wheaton relocation lawyer. Your current parenting plan likely contains provisions regarding long-distance relocations and will need a revision to make your move legally acceptable. The experienced attorneys at Andrew Cores Family Law Group have guided countless families through their divorce and the modifications that follow. Find out how we can help your family. Call our office at 630-871-1002 to schedule your free, confidential consultation.

Source:

http://www.cookcountycourt.org/Portals/0/Domestic%20Relations%20Division/Seminar%20Materials/DR.PA%2099-90%20(SB.pdf

Do You Pay Child Support with Joint Custody in Illinois?

child-support-illinoisIn Illinois, parents no longer have “custody” of minor children. Instead, parents claim “parenting time” and “decision-making authority” for their kids. These terms replaced custody in 2016 when Illinois made drastic changes to the Illinois Marriage and Dissolution of Marriage Act (IMDMA).

Some parents believe if they share an equal amount of parenting time, the estimated child-related expenses should be the same, and that neither party should pay child support payments. However, Illinois court disagree.

Let’s explore the influential factors for determining child support payment amounts,
and why equal parenting time may not negate its necessity.

Child Support Calculator in Illinois

During the legal overhaul in 2016, Illinois shifted focus away from what was most comfortable for the parents to what is in “the best interests of the child.” This verbiage repeats itself continually throughout the new laws, including in the determination of child support payments. The law holds both parents accountable for the support of the child, rather than the formerly-titled “non-custodial parent.” Now, calculations include how much each parent financially contributed to the household during the marriage, which allows children to enjoy the same amount of financial support as when the parties were married and living in the same home. Factors a judge will consider include:

  • Income of each parent;
  • The number of overnight visits with each parent; and
  • Extraordinary care expenses.

Equal Parenting Time Requires Financial Support

The intention of child support is to allow children to enjoy the same lifestyle in their two separate homes as they experienced when their parents lived together. However, in the majority of situations, both parents do not have the same income, and after divorce, any income they shared becomes distributed between running two households rather than one. Therefore, even in situations in which parenting time is split equally, a support payment becomes required from the higher-earning parent to the other.

Contact a Wheaton, IL Family Attorney

If you and your ex-spouse have questions regarding child support requirements, you are not alone. The recent change to the income-shares model requires some adjustment. A DuPage County child support attorney can help answer any questions and assist you in creating a payment agreement that fits your situation. The experienced attorneys at Andrew Cores Family Law Group are ready to assist you today. Schedule your complimentary consultation with our office at 630-871-1002 to find out we can serve you.

Sources:

https://www.illinois.gov/hfs/ChildSupport/parents/Pages/ChildSupportEstimator.aspx