Posted on March 20, 2019 in Child Custody

Children, as they grow up, assert their desires for independence, particularly about staying home alone, but there is a real question about whether leaving a child alone is safe, or even legal. Divorced parents who share custody of a child, known as the allocation of parental responsibilities under Illinois law, must concede some level of control when the child is under the care and supervision of the other parent.

Of course, parents should require the other parent to keep the child safe, including providing an environment that supports the child’s well-being. Leaving a child alone can become murky territory as a child becomes a teenager, and under Illinois law, leaving a child home alone under the age of 14 is a crime. Thus, any parent who leaves a child home alone risks child neglect charges and the possibility the other parent may file a petition to modify the parenting plan to give them a greater share of the parental responsibility.

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 Posted on March 15, 2019 in Child Custody

Divorcing couples face stress from a number of places, including the legal system they need to officially end their marriage. One of the more difficult and complicated issues to address is the division of parental responsibilities. Child-related matters always spark strong emotions, and the sensitive issues that must be resolved as part of divorce only tend to exacerbate this tendency.

One requirement that confuses some parents is when they must attend a court-ordered parenting class before a divorce decree is issued. This is true even in uncontested divorces, and compliance is mandatory in all but a few cases. Thus, parents will need to arrange to complete a course no later than 60 days after the first case management conference. This requirement can seem frustrating and arbitrary to some parents, but understanding the purpose behind the course, what to expect during the course itself, and the consequences of not satisfying this requirement, may make it easier to get through the experience.

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 Posted on March 13, 2019 in Paternity

Old stereotypes paint fathers as less interested and less capable of providing the care and attention a child needs to thrive. As a result, when a father seeks to establish rights to see a child following a divorce or paternity suit, some think the mother should receive the bulk of the parenting time, with the father entitled to just a handful of days every month. This dynamic can make it difficult for a father to have a significant relationship with his child, and while courts are moving away from this model of dividing responsibilities, fathers still experience more pushback when seeking equal time.

In Illinois, part of this shift toward more equal parenting is reflected in the elimination of the terms child custody, custodial parent, and visitation to describe parenting structure. This is designed to facilitate an arrangement that emphasizes cooperative parenting over strict lines of accountability and authority. Fathers, in particular, need to understand the system in place that regulates the division of parental responsibility, because this is the best way to ensure their interests are fully represented.

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 Posted on March 08, 2019 in Child Custody

Sharing parenting time is not ideal, but is a necessary part of allowing a child to maintain a significant relationship with both parents after a divorce. Parenting time encompasses a designated period in which a parent is allocated childrearing duties and the authority to make daily decisions for the child’s care. This division of parental responsibilities is typically shared between divorced parents, and the purpose is to foster a continuing connection between the child and each parent because this support is important to the child’s development and well-being.

The expectation is that each parent will be the person who cares for the child during his or her allotted time. Of course, things come up and it is understandable that changes to schedules are necessary, including the use of a babysitter. However, if using third-party childcare during scheduled parenting time becomes a pattern, or is expected to last for an extended period of time, the other parent may be able to exercise a right of first refusal and keep the child instead.

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 Posted on March 06, 2019 in Child Custody

One of the main priorities of any divorcing parent is to figure out how to create a parenting plan that best supports the child’s development and allows each parent sufficient time and input in the child’s life. There is no one-size-fits-all approach to these agreements because the needs of each child and the circumstances of each family differ.

The most important aspect of any parenting plan is that it includes terms the parents can follow without constant conflict. This is often easier said than done due to the strong emotions involved after divorce. The court expects parents to make a genuine attempt to settle matters on their own, and while a family law judge must approve any plan, the specifics should be worked out between the parents. Courts do not have the capacity to fully analyze and understand the unique dynamics of a family, so any parenting plan created by a judge will be somewhat standard and generic as a result. This risks future litigation to enforce or modify the parenting agreement, a situation that is detrimental to the child’s well-being.

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 Posted on February 28, 2019 in Child Support

Child support payments are frequently ordered as a result of divorce proceedings, but they can occur in a variety of different circumstances. If an existing agreement mandates child support payments, it is imperative you make them as scheduled. Failure to do so can lead to dire consequences for your children, who may depend on these payments to get the clothes they need, nutritious food to eat, and school supplies.

The Illinois courts have laws to dissuade non-payment by enacting harsh penalties for delinquencies. If you are having difficulty making payments, it is vital you request a child support modification to avoid breaking these laws.

Refusal to Pay Child Support

Many child support payments withdraw directly from the non-custodial parent’s paycheck. The employer deducts the mandated payment per the provided court order. The employer then forwards payments to the State Disbursement Unit (SDU), which then disburses the money to the recipient. Each step in the child support process is recorded in a database with the Illinois Department of Healthcare and Family Services and the Division of Child Support Enforcement. If a payment is missed, DCSE or HFS sends a notice to all parties that the amount is past due.

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 Posted on February 27, 2019 in Divorce

Your life after divorce is different than married life, or even your life before your marriage. Being married likely changed you, for better or worse, and your divorce will change you again. Now is the time to decide your vision for your post-marriage life. No matter what, your life will change, and it is up to you to create the experience you want.

Try these helpful tips for reinventing yourself after the divorce is finalized:

Acknowledge the Loss

Regardless of whether you were the one to say the marriage was over, you experience a personal loss in a divorce. Your life once had another person intimately involved in every detail, and now that person is no longer there. Acknowledge there will be grief and allow yourself to experience it.

Love Yourself

One of the most common thoughts after a divorce is, “What is wrong with me?” Just because the marriage did not last does not mean it is anyone’s fault. Two people can grow apart from each other. Circumstances change us and sometimes that change does not bring us closer together. Take time after the divorce to build your self-confidence and believe in your self-worth again.

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 Posted on February 22, 2019 in Paternity

Unless the state has revoked your parental rights, every father has the right to establish paternity with their biological child. Numerous studies have shown establishing paternity is in a child’s best interests, as those who have a relationship with both of their parents excel in more areas. In addition to these psychological benefits, establishing paternity also has numerous financial and medical benefits for the child.

The process of establishing paternity is relatively straightforward if both parents agree. In some cases, however, establishing paternity is made much more difficult. This includes situations in which more than one man believes they are the father, or the mother wishes to raise the child on her own. Still, a father can successfully establish paternity even if the biological mother contests it.

Sign a Voluntary Acknowledgement of Paternity

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 Posted on February 20, 2019 in Divorce

Sometimes life simply does not work out as we plan. This can include marriage, but also the divorce agreement that is put in place at the end of the divorce process. Over time, some of our life situations change, which necessitates the need for divorce modification. If you and your ex-spouse agree on the necessary adjustments, the process is relatively stress-free. If you do not see eye-to-eye, it becomes more complicated.

Timing is Everything

If you need to modify the property division terms, you must do so before the period for appeal expires. According to Illinois law, you have 30 days after the filing of the final divorce agreement to file a motion, after which, only specific topics qualify for amendment. The topics eligible for modification include parenting time, child support, and spousal maintenance.

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 Posted on February 15, 2019 in Divorce

Divorce is one of the hardest decisions anyone can make. Unfortunately, the adjustments do not end as soon as the divorce agreement is finalized. Eventually, life does move forward, and both parties will begin new relationships that may result in marriage.

When children are involved, starting a new relationship means inviting someone else into their lives, something that should not be taken lightly. Here are some tips to help you co-parent with your ex-spouse’s new significant other:

Keep Your Feelings in Check

Effective co-parenting is essential for the well-being of your child. Although it is natural to experience moments of jealousy, anger, sadness, or regret, it is essential not to allow that to interfere with the task at hand: effective co-parenting. If you recognize these emotions within yourself, use your support system to work through them. Take this time to lean on your friends, family, or a therapist so when it comes time to interact with your ex’s new partner, you can maintain a cool, calm, and collected demeanor.

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