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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.

 

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Do Not Forget About the Right of First Refusal During Parenting Time NegotiationsCo-parenting is not easy. Balancing the responsibilities of taking care of children between you and your co-parent is challenging even for couples who are together. When you become a single parent, balancing these responsibilities become more difficult to manage. Many divorcing parents often worry about the fact that they will most likely have to split their parenting time with their soon-to-be-ex-spouse. It is hard for many parents to cope with the fact that they may not see their children every day anymore or be there for every one of their child’s milestones or achievements. One small solace that can be awarded to divorcing parents is what is known as the right of first refusal.

What is the Right of First Refusal?

Illinois courts strongly encourage parents to come to their own agreement on child-related issues such as parenting time and decision-making responsibilities. If the parents cannot come to an agreement, then the court will step in to allocate parenting time and decision-making responsibilities in the child’s best interest. If the court must step in, it may award either parent the right of first refusal, which is a clause in the parenting plan that states that the other parent must be the first person to be offered the right to care for the child if the parent cannot watch the child during his or her designated parenting time. The parent must ask the other parent if they are able to or would like to care for the child before they seek alternative options for childcare.

Right of First Refusal Agreements

The court is not the only one who can create a right of first refusal agreement. If the parents agree to come up with a parenting plan on their own, they are permitted to include information about the right of first refusal if they please. Clauses about the right of first refusal should include:

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Finding Things You Can Look Forward to in Your Life After DivorceAlmost everyone will agree that divorcing your spouse is difficult. Ending such an important relationship is hard for anyone, whether the decision to end the marriage was mutual or not. Even if you and your spouse both agree that the marriage should end, the emotional process of breaking up is difficult and often mimics the emotional process of grief. Though your partner is still alive, in many ways you are grieving the death of your relationship with them. Though it can feel counterintuitive and extremely draining at times, there are actually some major benefits that you can discover after your divorce. 

  1. You Can Focus on Your Personal Goals: Without a spouse whom you constantly have to consider when making major life decisions, you can begin to focus on your personal goals. If one of your goals is to go back to school and earn a degree, you can do it. If you want to start your mornings with meditation, nobody is stopping you. Being divorced means you are free to do whatever makes you happy.
  2. Shared Parenting Time Means More Free Time: One of the things that many divorced parents fear is not being able to take care of their children all of the time because of shared parenting schedules. While you will still miss your children while they are with their other parent, it also means there will be times when you will be child-free. You will not have to figure out who will babysit your kids if you want to go out with friends. You will not have to wake up early to get your children off to school. You can cherish the time you spend with your children, but you can also enjoy your days off.
  3. You Get to Rediscover Who You Truly Are: Many people cite their divorce as one of the best things that ever happened to them. One of the main reasons why people tend to be so happy after a divorce is because they get to reconnect with themselves. People who have been married, especially those in long-lasting marriages, can lose their identity sometimes. Rather than knowing who you are as an individual, you only know who you are as part of a couple. Divorce allows you to get back in touch with your individual self so you can be the best person you can be.

Contact a Markham, IL, Divorce Lawyer to Help Finalize Your Divorce

One of the ways you can make sure you are in a good place once your divorce is finished is by hiring a skilled Will County divorce attorney. At The Foray Firm, we understand how difficult a divorce can be for your entire family. We can help you settle any issue pertaining to your divorce, from property division to parenting time. Do not settle for less than what you deserve; call our office today at 312-702-1293 to schedule a consultation.

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How Shared Parenting Time Can Benefit the Children After an Illinois DivorceEvery parent wants what is best for their child. Some parents may think the best thing for their child is for them to spend all or a vast majority of their time with them and not their other parent. While this can be true in some cases, the majority of divorce cases will end with both parents having shared and fairly distributed parenting time.

When making decisions about child-centered issues such as parenting time, the judge will decide based on what is in the child’s best interest. This is why Illinois courts assume that a shared parenting time agreement is in the child’s best interest unless there are reasons that would point to otherwise. Studies have shown that children do their best when their parents each have at least 35 percent of the parenting time. Here are a few ways your child can benefit from a shared parenting time schedule:

  1. The Child Gets to Have a Relationship With Both Parents: When the parents split up and no longer live together, children often fear that they will not be able to have the same type of relationship with the parent who moved out. This creates unnecessary stress for the child that could lead to other issues. With shared parenting situations, the child gets to foster a relationship with both of his or her parents, which is important for healthy development.
  2. The Quality of the Parent-Child Relationships Is Better: A shared parenting agreement also helps to ensure that the relationships between the child and each parent are good relationships. With sole parenting arrangements, the parent who moves out often feels distanced from the child and vice versa. The parent who is now acting as the single parent for the majority of the time can begin to feel stressed and overwhelmed by being responsible for all of the caretaking duties. These feelings can cause strain on the parent-child relationships and can cause stress in the family.

Create a Parenting Time Agreement With a DuPage County Divorce Attorney

Perhaps one of the biggest decisions you will have to make during your divorce is how you will care for your children. While a sole parenting time agreement is not out of the question, it may not be what is best for your child. At The Foray Firm, we understand that the decisions that are made about your children are not made lightly. Let our compassionate and skilled Plainfield, IL, parenting time lawyers work with you to develop a parenting time agreement that will benefit both you and your child. Call our office today at 312-702-1293 to set up a consultation.

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Markham child custody attorney

As times have changed, so have laws concerning divorce and child custody, which Illinois now calls the allocation of parental responsibilities. Rather than just assuming the mother is the obvious caretaker for the children in a marriage, the state of Illinois believes that children will thrive and do their best when both of their parents have an active parenting role in their lives. Because of this, it is assumed that it is in the child’s best interest to spend time with both parents unless there are other reasons why a shared parenting time arrangement would not be in the child’s best interest. If the court has reason to suspect that such a restriction on parenting time may be warranted, they can order a professional evaluation of the situation to be completed.

Basics of a Professional Evaluation

If a professional evaluation is ordered by the court, often, a mental health professional will be hired. These professionals may be psychiatrists, psychologists, therapists or counselors trained in family disputes. Depending on the information the court is looking for, the evaluation can be focused on the parents, the child or a combination of the parties. 

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