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Will County Family Law AttorneyIf you or your child's other parent intends to move to a new home, it is important that you understand the legal requirements for doing so. When someone is co-parenting with an ex, moving is not as simple as packing up the belongings and driving to the new residence. Depending on the distance between the current residence and the new residence, there may be specific steps you need to take to be able to move with your child.

Determine if Your Move Counts as a Relocation

To understand the rights and responsibilities regarding parental relocations, you must first determine if the intended move meets the criteria for relocation under Illinois law. The location of the child's primary residence and the distance between the current residence and new residence determines whether or not a move counts as a relocation.

If you live in one of the following "collar" counties, a move of 25 miles or greater is considered a relocation. If your intended relocation is less than 25 miles, no further action is needed.

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Markham Parenting Plan LawyerWhether you are unmarried or planning to divorce, child custody matters may be at the top of your mind. In Illinois, child custody is broken down into two main components. The allocation of parental responsibilities is the allocation of decision-making authority over the child. Parental responsibilities address questions such as where the child will go to school or what type of medical care the child will receive. Parenting time is the second component in a child custody case. Parenting time is the time a parent watches the child and is directly responsible for the child’s safety and well-being.   

Child custody issues in a divorce or family law can be confusing, and there are many myths surrounding these complex issues. Read on to learn more.

Myth: Mothers Always Get the Majority of the Parenting Time and Parental Responsibilities

Many people assume that mothers are favored over fathers in a child custody case. However, Illinois law does not differentiate between women and men with regard to family law matters. Both mothers and fathers have the same right to parenting time and parental responsibilities. However, courts do seek to preserve the status quo in many cases. So, if a child has traditionally spent more time with his mother, the court may award her a greater share of the parenting time or responsibilities.

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Orland Park Family Law AttorneyCourts generally presume that both parents are capable of providing adequate supervision and care for a child. Unless there is a reason to believe otherwise, parents are generally given the right to have unrestricted parenting time (previously called visitation) with their child.

However, the child's best interests are always the top priority in a child custody or divorce case. If there are concerns about a child's safety or a parent's ability to provide a safe environment for the child, the court may order supervised visitation.

Supervised Visitation and Other Parenting Time Restrictions

In some family law cases, a parent or other party raises concerns about the other parent's ability to keep a child safe. In a situation like this, they can petition the court for a parenting time restriction. There are many different types of parenting time restrictions, including limitations on the amount or frequency of parenting time, limitations on who may be present during parenting time, or requirements regarding the transportation of children between the two parents' homes. The court may also require parenting time to be supervised.

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Homewood Child Custody LawyerThe divorce process can take months if not years - especially if the couple has children or complex finances. Divorcing parents may wish to use a temporary child custody order to decide and formalize their parenting responsibilities during the divorce process. In Illinois, temporary child custody orders are issued to protect the best interests of children and outline parenting time, legal decision-making authority, and other details of the parenting arrangements. Having a temporary child custody order can ensure that both parents understand their child-related rights and responsibilities. A temporary order can also promote consistency in the child's life and ease the transition into a two-home family. 

Temporary Allocation of Parenting Time and Responsibility

If you are getting divoced, you may want to get a temporary child custody order or, as it is called in Illinois, a temporary allocation of parenting time and responsibiltiy order. If you and the other parent agree on the terms of the order, you will not need to attend a hearing to get a temporary allocation order. However, if you and the other parent disagree about how parental responbilties (decision-making authority) and parenting time (time spent caring for the child) should be handled, you will attend a hearing. At the hearing, you will each be given a chance to express your opinions and provide any evidence that supports your positions. The court will evaluate the evidence and make a determination. 

Illinois courts weigh many different factors when deciding how parenting time and parental responsibilities should be divided between two divorcing parents. The court will consider issues such as: 

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Will County Prenup AttorneyPrenuptial agreements are legal contracts that specify spouses’ financial rights and responsibilities. For years, many people mistakenly assumed that prenuptial agreements were only necessary if a couple is extremely wealthy. However, more and more individuals of varying ages, races, and income levels are recognizing the benefits of signing a prenuptial agreement. If you are engaged to be married, here are five strong reasons to consider drafting a prenuptial agreement.

1.  To Protect Your Assets

If you have significant assets, such as real estate, investments, retirement assets, or high-value items such as artwork, you may want to consider getting a prenuptial agreement to protect those assets in the event of a divorce. A prenuptial agreement allows you to classify property as non-marital property and prevent the property from being transmuted into marital property during the marriage. Without a prenuptial agreement, your assets could be subject to division by the courts in the event of a divorce.

2.  To Protect Your Business

Business owners, entrepreneurs, and individuals with professional practices are encouraged to get a prenuptial agreement to protect their businesses. These assets may be subject to division if the marriage breaks down. A business owner or professional may be required to compensate his or her spouse for the spouse’s share of the business or professional practice during a divorce.

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