During a divorce, parents must decide how they will continue to parent their child moving forward. This can be difficult for parents since they are likely used to seeing their children on a daily basis. Ideally, courts try to keep both parents in the child's life since this is often deemed beneficial for the child. Unfortunately, this is not always the case. If the court determines that you are unfit to take care of your child alone, they may grant you supervised visitation or deny you from seeing your child at all. Typically, the court will allow supervised visitation before taking such drastic actions as banning you from spending time with your child. Having another party in the room while you are taking care of your kids can be uncomfortable, and the nerves may bring out the worst in parents. Staying calm and having a game plan for your supervised visit is the best way to move towards removing those restrictions.

Create an Active Visit

You will have a certain amount of time to spend with your child, so it is important to make the most of it. It is a good idea to have a few activities planned for your child so that you appear prepared and invested in spending time with them. These “events” do not have to be anything out of the ordinary, but they should tailor to your child’s interests. Even if you just color or play Legos, that shows that you are willing to set aside time for your kids.

Be Mindful About How You Present Yourself

It can be difficult to maintain a sense of normalcy while you are being watched, but this is crucial. Your appearance should be presentable, including your language and clothing. The representative assigned to you will be taking written and mental notes about your actions and appearance. The way you present yourself can give the observer a sense of your attitude towards the situation and your attitude towards caring for your child.

After getting divorced, many individuals will choose to have a fresh start, and for some, this means moving to a new place in a new location. For those going through the major life changes that inevitably come with divorce, this fresh start can be a good way to move forward towards a future that is focused on their happiness. However, for those with children, it may not be that easy. Divorcing couples with children will forever be connected by their shared kids. With parenting time agreements and child support payments, it may feel as if this new beginning may never start. Making the decision to move with your children may be restricted depending on the circumstances, and it is important to avoid violating this restriction as it can lead to serious legal consequences.

What is Considered Relocation?

Not every change of residence is considered relocation. For instance, the state cannot restrict you if you would simply like to move down the street to start fresh in a new house. However, anyone looking to relocate with their children will need permission from their child’s other parent or from the court. So, what is considered relocation by Illinois law?

• If the child’s current primary residence is in DuPage, Cook, Lake, Kane, McHenry, or Will County and you move them to a location within Illinois that is more than 25 miles from their current residence
• If the child’s current primary residence is not in one of the abovementioned counties and you move them to a location in Illinois that is more than 50 miles from their current residence
• If you move the child outside of the state of Illinois and their new residence is over 25 miles away from their current residence

How Do I Get Permission?

If the parent who is the primary caretaker of the child would like to relocate with their child, they will need to provide their child’s other parent with written notification of their intent to move. This must be done 60 days before the parent and child intend to relocate, and it must inform the other parent of their intended move date, their new residence’s location, and the length of time that the relocation will last if it is not intended to be indefinite. The non-relocating parent is able to sign the relocation notice, granting the moving parties permission to do so, if they are comfortable with the relocation taking place. If this is the case, court permission is not required. However, many parents may not be comfortable with their child being so far away from them. If the non-moving parent refuses to sign the notice, the relocating parent may file their request with the court. The court may also deny the request; however, they will be looking at the request from a much different perspective. With no emotional investment to the parents or child, the court can act as the necessary third-party to determine whether or not this move is really in the best interests of the child. In many cases, impartial judgment may be necessary as emotions can often cloud a parent’s judgment on both ends.

Relocating your family to a new environment can play a role in your divorce proceeding or come up after the ink has dried on your divorce papers.

Although you believe moving your child 500 miles away from where your divorce occurred will be good for them, the court and your child’s other parent may not agree.

In Illinois, the parent with primary parenting time does not need court approval to move with their children if the other parent does not object or the move is within 25 miles of their current residence in Will, Cook, DuPage, Kane, Lake or McHenry counties. For other counties, the limit is 50 miles. Any move outside of those set mile ranges must be filed by written notice and approved by the court.

When parents are in the middle of a battle over the allocation of parental responsibilities, the state of affairs can be intense. In some cases, the parenting dispute can result in one parent taking the child without the consent and knowledge of the other parent or the court. Despite their status as a legal parent, this still qualifies as “kidnapping” or “child abduction” and can turn a civil case into a criminal case with harsh consequences for the offending parent.

Child Abduction

Kidnapping is a felony in Illinois, and a conviction can result in fines, probation and jail time. An individual will be charged with child abduction when he/she does one of the following: 

• Intentionally disobeys the terms of a legal court order granting sole or joint parental responsibility, care, or possession to another individual
• Intentionally hides, withholds, or takes the child without the mother’s or legal guardian’s consent if the person is the assumed father but his paternity has not been legally confirmed or there have been no orders relating to parental responsibilities
• Intentionally fails, refuses or hinders the return of the child to the legal guardian or parent
• Knowingly conceals, detains, or removes the child in exchange for payment from an individual who does not have a legal right to the child
• Intentionally entices or attempts to lure a child who is younger than 17 or traveling to or from school without the consent of the child's parent or legal guardian for other than a lawful and legal purposes

Orders of Protection

If you are worried that your parenting battle may result in the kidnapping of your child, you are able to ask the court to file an emergency order of protection. If you are able to prove an emergency situation may arise, the court will enter the order of protection before notifying the other individual. This is only temporary, but a permanent restraining order can be established as a result of a trial involving the accused party.

According to the National Alliance on Mental Illness (NAMI), one out of every five American adults will experience a mental illness at some point in their lives and nearly 10 million adults live with a chronic and serious mental illness. Mental illnesses can vary greatly when it comes to the severity and how they affect your life. Having a mental illness can mean you have schizophrenia, bipolar disorder, an eating disorder or even post-traumatic stress disorder. By far, the most common mental illnesses are depression, which affects around seven percent of adults, and anxiety disorders, which affect around 18.1 percent of adults.

When it comes to divorce, mental illness can definitely play a part in how the divorce is hashed out. Depending on the type and severity of the mental illness, it can even affect things such as parenting time and parental responsibilities in a divorce.

Understanding the Child’s Best Interests

When it comes to any issue involving the children in a divorce, the court’s first and foremost concern is the child’s wellbeing. The court’s main goal is to ensure that the child is being taken care of and is given every possible opportunity to flourish in life. If decisions are left to the court, the court will make child-related decisions based on the child’s best interests. The court will take into consideration factors such as: