Tag Archives: DuPage County divorce attorneys

How Do Mothers’ Rights Impact an Illinois Divorce?

Wheaton divorce attorneyIn recent years, a lot of emphasis has been placed on fathers’ rights during and after a divorce. This is partly due to a trend in which many dads have taken more active roles in parenting compared to fathers in previous generations. In divorces that took place in the past, mothers were typically awarded what was called “sole custody” of the children, as well as alimony, child support, the marital home, and other assets. However, things often turn out differently in today’s divorces, since many mothers and fathers share in earning household income and raising children.

In modern divorce cases, mothers’ rights regarding child custody should not be automatically assumed like they often were in the past. During divorce, both parents should be sure to understand their rights and the ways they can reach a favorable outcome.

Protecting the Best Interests of the Child

In Illinois, the court is instructed to consider what is in the best interests of the child when it comes to the “allocation of parental responsibilities” (formerly known as child custody) and “parenting time” (formerly known as visitation). According to Illinois law, if married parents reside in the state, then a family court will decide on these matters as a part of their divorce proceedings. For an unmarried couple, paternity must be established before a court can address matters of parental responsibility and parenting time.

Many factors play a part in deciding parental rights. While the court will not necessarily address which parent is “better” or “worse,” it will consider how the decisions made will affect the child’s well-being. Some of these factors a judge will consider when determining what is in a child’s best interests include:

  • The wishes of the child’s parents regarding who will have parental responsibilities

  • The wishes of the child

  • The child’s relationship with parents, siblings, and other relatives

  • The child’s adjustment to their home, school, and community

  • The mental and physical health of all family members who are involved in the child’s life

  • The occurrence or threat of physical violence against the child by either parent

  • Any domestic abuse against the child or others in the household

  • The willingness of each parent to promote a continuing relationship between the child and the other parent

  • Whether either parent is a sex offender

Mothers play pivotal roles in the nurturing and development of their children. Therefore, they should have equal rights and a say in the outcome of a divorce, especially when it comes to future parenting.

Contact a Wheaton Family Law Attorney

There are many aspects to consider during a divorce, and decisions about parenting time and the allocation of parental responsibilities are often some of the most important issues to resolve. If you are a mother who is concerned about your rights as a divorcee, the compassionate legal team at Andrew Cores Family Law Group will explain your rights and work with you to reach a positive outcome to your case. Call a compassionate DuPage County divorce lawyer at 630-871-1002 to schedule a free consultation.

Source:

http://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2086&ChapterID=59

 

What Are the Advantages of Family Counseling in an Illinois Divorce?

Wheaton divorce attorneyThe decision to end a marriage is a momentous one, and most couples do not make this choice lightly. Many spouses choose to go to couples’ counseling before they decide to divorce. A new trend in therapy involves both parents and children, and it is often referred to as family counseling. This type of therapy can help families before, during, and after a divorce. It provides an outlet for parents and their children to share what is on their minds in a neutral setting.

Benefits of Family Therapy

Divorce is not easy under any circumstances, especially when children are involved. Children often have a difficult time during their parents’ divorce, since they do not have a choice in the decision. However, family counseling can help ease the distress that comes with the end of a marriage, and it can offer everyone ways to move forward in a healthy manner.

For families that are going through a difficult divorce, counseling can help family members communicate better during conflict. Parents will learn techniques for how to calmly talk to each other without getting overly emotional. During and after divorce, it is likely the children will have to split time between the two parents, and they may even have to move out of the marital home altogether. This can be very traumatic for them, and family therapy can provide them with a way to talk about their feelings instead of keeping them bottled inside.

Family counseling sessions are typically led by a marriage and family therapist (MFT), who could be a psychologist, social worker, or therapist who has specialized training. Some of the topics that may come up during family counseling include:

  • Infidelity

  • Substance abuse

  • Mental illness

  • Financial problems

  • Conflict between siblings

  • Children’s behavioral problems

  • Care for a family member with special needs

  • Shared custody of children

It is best to research therapists to find one who is formally trained in family therapy, and families can also narrow their search down to a therapist who has experience in specific issues. For example, if drug or alcohol addiction is a factor that in the breakdown of the parents’ marriage, a therapist who specializes in these matters may be most beneficial. Parents must also consider how much the therapy will cost and whether it will be covered by insurance. In some cases, payment plan options are available. The office location and hours should also be considered, as well as how long each session will last. These are important factors to be aware of when scheduling around children’s sports or extracurricular activities.

A therapist can help family members communicate better, solve problems, and reach compromises. Family therapy can last for as many sessions as the family needs, but 12 sessions is a good average, and families can often benefit from meeting once a week. Family therapy does not necessarily make problems disappear, but it can give parents and children new skills to manage the stress associated with divorce.

Contact a DuPage County Divorce Lawyer

Going through a divorce can be difficult, and it takes a significant emotional toll on the whole family. The Andrew Cores Family Law Group has experience in many different types of divorce cases. Our Wheaton divorce attorneys will guide you through the steps of the divorce process, ensuring that you consider everything that could impact your family’s future. Call 630-871-1002 to schedule a free consultation.

Sources:

https://www.webmd.com/parenting/family-therapy-overview#1

https://www.aamft.org/Consumer_Updates/Managing_Conflict_During_Divorce.aspx

 

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