Tag Archives: Illinois

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

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

 

Religious Disputes and Custody Agreements in Illinois

religious dispute, DuPage County family law attorneysInterfaith marriages are increasingly common in the U.S. and in Illinois. As more people enter into interfaith relationships and marriages, the number of interfaith divorces and custody disputes also increases.

Religious disputes are also common between former spouses who belong to different denominations of the same religion, or between divorcing parents who have different levels of involvement with their faiths, whether they practice the same religion or not. In some cases, religious differences may even have been a factor for couples deciding whether to move forward with divorce proceedings.

If you are involved in a divorce or custody dispute and anticipate that religion may become a hot-button issue in your divorce, one of our experienced family law attorneys can help you prepare to address these difficult matters in court, mediation, or negotiation with your child’s other parent.

Interfaith Marriage Facts in Illinois

Younger people and those who have recently been married are most likely to be in an interfaith marriage. One religious landscape study conducted by the Pew Research Center found that almost 40 percent of all persons married since 2010 have married a person of a different faith. The largest percentage of interfaith marriages – 18 percent – are between Christians and persons who identify as “religiously unaffiliated.”

What Types of Religious Disputes Are Common for Divorcing Parents?

Religious disputes for divorcing partners typically center around how the children will be raised and what religion they will practice following the divorce. Some of the issues the court is often asked to address include:

  • What religion will the children practice?
  • How do religious holidays impact parenting time?
  • What religious education will the children receive? Will they attend religious schools?
  • Will the children observe their religious practices while with their non-practicing parent? What happens when religious activities interfere with parenting time?
  • How often will the children participate in religious activities, aside from worship services?
  • Will the children be permitted to leave the state or country for religiously-affiliated trips and mission work, and if so, how will this impact the parenting plan?
  • What happens if one parent is speaking disparagingly about the child’s religion?
  • Will the children wear the religious dress, accessories or symbols encouraged by their religion?
  • How and when will religious rites, traditions, sacraments, and celebrations take place, and will the child’s “other side” of the family play any role in these important moments in the child’s life?

Consult an Experienced Family Law Attorney Who Handles Religious Disputes and Custody Cases

These matters listed above are only some of the issues that may arise between divorcing parents of different religious traditions. Resolving religious disputes can be extremely complex, and it is always simpler when the parents are willing to make reaching an agreement a priority.

Negotiations can become quite tense since religious disputes often carry a lot of emotional significance. Our compassionate and understanding DuPage County family law attorneys can be by your side throughout the divorce process to make sure that your child’s best interest is being served.

 

Source:

http://www.pewresearch.org/fact-tank/2015/06/02/interfaith-marriage/