9 E. Jefferson Street, Joliet, IL 60435

Call Us312-702-1293

The Foray Firm
Subscribe to this list via RSS Blog posts tagged in parenting plan

Will County child custody attorney

Many people do not realize the number of steps included in the divorce process, and this number only increases when children are involved. While many may think dividing your belongings is the most difficult portion, formulating a parenting plan can often create the most conflict between divorcing couples. Learning to “share” your child with your ex when you do not live together is difficult for every parent. From the outside, it may seem obvious how you should divide the parenting time; however, this can change during the divorce proceedings. Understanding what is included in a parenting plan and what the various options are is a good idea before stepping into your legal meetings.

 

...

Dealing With Your Ex-Spouse’s Relocation After Your Illinois DivorceFinalizing your divorce is often a weight off of your shoulders. After months and maybe even years of arguing back and forth, negotiating and finally settling on certain terms, you can take a deep breath, gather yourself and move on with your life. With the finalization of your divorce comes the finalization of the parenting arrangements for your child, and though things may seem like they have been decided, there will always be the possibility of change.

One major change that you may have to deal with after a divorce is whether your ex-spouse moves or not. Your spouse does not necessarily have to inform you of the move but is required by law to inform you if he or she intends to move with your child. When this happens, it is referred to as relocation, and you can either consent to the relocation or fight it.

Before You Go to Court

If your spouse intends to relocate with your child more than 25 miles away from his or her current home, Illinois law requires that he or she give you written notice of the intended relocation at least 60 days prior to the date of the move. If you do not want to protest the relocation, you can sign the notice and file it with the clerk of the circuit court to allow your ex-spouse to relocate with your child. If you do not sign the notice or you and your ex-spouse cannot come to an agreement on a parenting plan modification, your spouse can file a petition to seek to relocate.  

...

Creating a Solid Illinois Parenting PlanDivorces can be tough on everyone in the family. For children, a divorce can be especially stressful. Many parents worry about their children when they decide to get a divorce, but children are unique. They may not initially react well to the change, but children are adaptable and will get used to their new living situation quickly. One of the best things you can do to help your child transition easily is making sure there is a sound parenting plan in place before you finalize your divorce.

What is a Parenting Plan?

In Illinois, all couples who have children and are filing for divorce must create a parenting plan before the divorce can be finalized. A parenting plan is a written agreement that outlines most things pertaining to the children of the marriage, including allocated parenting time and significant decision-making responsibilities.

Elements of a Parenting Plan 

Illinois courts urge couples to try to come up with a parenting plan between the two of them before any intervention happens. If the parents cannot agree on a parenting plan, they will be sent to mediation. If mediation still does not produce a parenting plan, then the judge will make decisions about the children that will go into the parenting plan. 

...

DuPage County divorce child custody lawyerIf you are a parent who is considering ending your marriage through divorce, you probably have concerns about how you and your soon-to-be-ex-spouse will share responsibility for your children. Some couples are able to come to a custody decision together, while other divorcing couples require court intervention to arrive at a workable custody plan that protects parents’ rights and children’s best interests. If you are considering divorce, and you and your spouse share children, it is important for you to know the basics of child custody laws in Illinois.

Different Types of Custody

Illinois courts recognize two forms of custody: physical custody and legal custody. Together, the two concepts comprise what the law calls the “allocation of parental responsibilities.” Physical custody refers to which parent the child is with at any given time, and it is called “parenting time” in Illinois law. Legal custody is referred to as “significant decision-making responsibilities,” and it involves the right of a parent to be involved in major decisions about their child’s upbringing. Decision-making authority can be given to just one parent, or both parents can share responsibility for different areas identified by the law: education, healthcare, religion, and extracurricular activities. While most experts agree that children do better with both parents in their lives, a shared custody arrangement may not be appropriate for families with a history of abuse or neglect.

Factors Considered During Court-Ordered Child Custody Arrangements

If divorcing parents cannot come to an agreement regarding parenting time and parental responsibilities, then custody decisions will be made in court. A family court judge ultimately makes custody decisions for parents who cannot agree to a plan based on what he or she thinks is in the best interests of the child. When making these decisions, a family court judge will consider factors such as:

...
BBA Of Will County Illinois State Bar Association Cook County Bar Association The National Bar Association BWLA
Back to Top