Tag Archives: mediation

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

Understanding the Benefits of Divorce Mediation

Wheaton divorce mediation lawyerFor those exploring the options of divorce, mediation is often new and unexplored territory. Most people envision divorce as consisting of ugly courtroom battles between two feuding spouses, with attorneys interjecting “Objection!” whenever appropriate. While some situations certainly escalate to meet this expectation, a significant portion of the population is opting for the less stressful, less costly, and frequently more beneficial alternative known as mediation. During divorce mediation, the two parties work to reach an agreement with the assistance of a knowledgeable and neutral third party.

An Option Between DIY and Litigation

Some people refer to mediation as “divorcing without attorneys.” This is partially correct, since the two parties reach an agreement together in private, rather than leaving the future up to an impartial judge in a public courtroom. However, rather than you and your spouse sitting at a computer attempting to navigate the murky waters of divorce papers, a neutral third party is present to guide the conversation. Although it is possible to use a non-attorney mediator, a lawyer has the legal training and experience necessary to provide the sound legal advice essential to create a lasting and beneficial agreement.

Benefits of Mediation

Although mediation is not a viable option for every situation, many who choose this approach discover a more friendly, less emotionally difficult experience than the traditional alternative. Mediation is a divorce on your terms, rather than a seemingly random decision made by a judge who only knows a limited amount about you and your family.

In mediation, decisions regarding child custody arrangements, child support and spousal support payments, property division, and any other relevant details are made by you in as many or as few sessions as necessary to sort things out. Your final agreement then goes on to a judge for approval, making the arrangement legally binding. Those who use mediation often discover these additional benefits:

  • Time savings
  • Cost efficiency
  • Emotional stability for children
  • Less stress
  • Complete confidentiality

Explore Your Options With a Wheaton Mediation Lawyer

By negotiating the terms of your divorce yourself, you are not only empowered to create a solution that works, but you also are less likely to return to court for modification down the road. Find out if mediation is right for you by contacting a DuPage County divorce mediation attorney. At Andrew Cores Family Law Group, we are experienced in divorce mediation, but we will also aggressively defend your interests should litigation become necessary. Call us today at 630-871-1002 to discuss your options in a free initial consultation.

Sources:

http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2489

https://www.americanbar.org/groups/public_education/resources/law_related_education_network/how_courts_work/mediation_advantages/

Exploring Alternate Forms of Divorce Resolution

Wheaton divorce mediation attorney collaborative lawMarriages are as unique as the individuals that enter them. From the wedding to the day-to-day lifestyle, what happens within one marriage is unlike any other. The same idea is true in divorces as well. There is no “one size fits all” solution to the dissolution of marriage. Today, while some divorces can be contentious, it is possible to achieve an amicable and cost-effective divorce through alternative dispute resolution, if your situation allows for it.

Mediation

Mediation is a way to achieve a divorce without many of the unpleasant side effects. With the assistance of a neutral third party, the two parties work out an agreement that is best for the family. Together, they decide the outcome of each issue, including child visitation schedules, spousal support payments, and property division. This option can take as little or as much time as necessary to conclude, and it often saves divorcing couples a significant amount of money. Additionally, this option often leaves less adverse effects on any children involved, as they witness their parents civilly reaching an agreement rather than feuding publicly in court. Due to the informality of the procedure, mediation works best for couples who can communicate relatively well with each other.

Collaborative Law

Some couples need further individual representation than what is offered in mediation. In a collaborative divorce, both parties have an attorney present to advocate for them and protect their interests, yet they work to reach a settlement without the need for courtroom litigation. Rather than using adversarial techniques, all parties agree to use effective negotiation methods to reach an amicable agreement. Representatives creatively work to minimize any emotional damage to the children and limit conflict between parties. Attorneys and neutral third-party experts work together constructively and fairly, agreeing to share information openly. Although experts and attorneys are necessary, this option typically is more cost-friendly than litigation, as both parties may split the expenses.

Divorce Arbitration

If negotiations in either mediation or a collaborative setting break down or fail, divorce arbitration is yet another option which allows a separating couple to avoid going to court. Similar to litigation in a courtroom, a neutral third-party arbitrator hears both sides of the dispute and makes a legally-binding decision for the two parties. All matters remain private; however, unlike litigation, these decisions typically cannot be appealed.

Contact an Experienced Wheaton Divorce Attorney

If you are exploring your divorce options, a DuPage County family lawyer can help guide you in a direction that may work best for your situation. At Andrew Cores Family Law Group, we help families resolve their differences, allowing them to move on with their lives after divorce with minimal adverse effects. Whether you choose divorce litigation or alternative divorce resolution, we can help guide you through the process. Call us today at 630-871-1002 to schedule your free, no-obligation consultation.

Sources:

https://www.forbes.com/sites/jefflanders/2012/04/24/the-four-divorce-alternatives/#66bb485f20ae

https://www.huffpost.com/entry/divorce-mediation-myths_b_831334