Once a divorce is finalized and the final decree issued, the mechanics of how children of the marriage are cared for take effect. The overriding principle the law applies to children is always a consideration of what is in their best interests. No matter how contentious matters get between parents, coming together to raise children […]
February 27, 2017
Fathers Seek Changes in Child Custody Laws
A group of fathers has banded together to lobby for child custody law changes. The group, called Dads Can Too, believe that joint custody should be the starting point for all custody hearings in Illinois. The fathers in the group have struggled — in some cases for over a decade — to see their children more often […]
February 20, 2017
Avoiding an Acrimonious Custody Battle
The unfortunate reality across the country is that couples continue to end their marriages. Divorce is a major decision that requires careful thought and consideration. There are several layers to address, including financial and property assets. But one of the biggest issues couples face are the arrangements to be put in place for any children of […]
February 6, 2017
Can Child Custody Mediation Work for You?
One of the most important and emotional factors in a divorce is figuring out how children of the marriage will be cared for. When going through a divorce, there are many issues to take into consideration. Where a couple has accumulated significant assets such as financial holdings, business ownership, real estate, trusts, and retirement assets, […]
January 17, 2017
What to Do If Your Child Refuses to Follow a Custody Order
Some children refuse to follow custody orders and spend time with the other parent. This puts the favored parent in a bind: do you let the child stay with the parent as he or she wishes or do you force the child to go? Not an Excuse for Failing to Follow the Custody Order Courts expect that […]
December 22, 2016
Appointment of a Guardian Ad Litem in a Family Law Case
The phrase, “in the best interests of a child” is a common but important phrase when it comes to protecting the youngest members of society. There are many situations where children need to be shielded from sensitive situations but their rights must be paramount. Certain legal situations such as a divorce, ensuing custody battles, criminal […]
November 25, 2016
Grandparent Rights to Visitation with Grandchildren
Parents and children are not the only people affected by divorce. Grandparents will also experience changes and may then wonder what their rights are in getting visitation with their grandchildren. Grandparents may have rights in certain cases, but they are not as well-defined as parental rights and they are not guaranteed. For that reason, grandparents may […]
October 28, 2016
Parenting Class Requirements in Illinois
The state of Illinois requires that all parents of minor children who are part of any legal action regarding allocation of parental responsibilities (child custody) or visitation (parenting time) attend and complete a court-authorized parental education program. This requirement not only applies to the initial legal action but also to any modification to standing custody orders, as […]
October 7, 2016
llinois Parenting Plan Basics
When parents in Illinois file for divorce, they must determine and legally document how decisions will be made about the child’s life and future, and how much time each parent will spend with the child (and when). This is done through something known as a parenting plan. The following can help you understand the basics […]
September 23, 2016
Fighting a Child Relocation in Illinois
Learning that your child’s other parent wants to relocate your child can be a frightening experience. Your child, possibly hours away, could end up visiting you even less frequently. Those opportune moments that have given you extra time with them – when the other parent has to work late or go to the doctor – might no […]
August 16, 2016
Children of Divorce: Navigating the Anger and Fear
Sometimes relationships turn bad. They run their natural course, end amicably, or result in a long-lasting relationship. Often though, they end in divorce. Divorce can be a straightforward process or end up being very complicated. In the event of a complex divorce, children may be treated as pawns or become upset and angry about the […]
August 2, 2016
How to Handle Parenting Time Schedules When Your Child Is Sick
There can be nothing more upsetting to a parent than to see their child sick. We want nothing more than to be able to do everything in our power to make them feel better, and it is not uncommon for a parent to believe that they are the best one to take care of an […]
July 4, 2016
Protecting Father’s Rights in Illinois
Despite recent changes to divorce and parenting laws in Illinois, fathers still sometimes struggle to receive their fair shake in a courtroom. Stigmas regarding gender roles, issues in establishing paternity, and other, various factors are often to blame. However, there are a few ways that you can protect your legal rights as a father and improve your […]
April 22, 2016
Child Custody Modifications in Illinois
When the court has issued a final order in an allocation of parental responsibilities case, the case usually isn’t over. Illinois law allows for both parents to ask the court to modify the order in the future. However, before you can get a modification you will need to meet several criteria. Significant Change in Circumstances In most […]
March 3, 2016
Study Focuses on Impact and Prevalence of Parental Alienation after Divorce
Although the family laws in Illinois have changed, there is still great risk of parental alienation – a process in which one parent negatively influences their child’s relationship with the other parent. Sadly, there is a severe lack in data on this common issue; to rectify this, Colorado State University researchers have initiated a study to better […]
January 5, 2016
How Does the Illinois Child Support Process Work When Parents Split Up?
One of the biggest questions parents have when they split up is how will child support work. Parents have a legal duty to financially support their children, and that obligation does not end just because the relationship has ended. Child Support Guidelines Illinois has a set of guidelines judges are required to consider when setting child support. […]
November 23, 2015
Child Custody Issues Still Present in Same-Sex Marriages and Divorces
Although same-sex marriages have now become legal in all 50 states, gaps still exist in how child custody issues are handled in same-sex marriages and divorces. This makes it crucial for same-sex couples to discuss and understand the potential issues they may face in the event of a divorce in Illinois. And, when going through one, they […]
November 9, 2015
Reevaluating a Shared Parenting Plan
Divorce is never easy. When there are children involved, deciding the specifics of divorce agreements and settlements can be even more difficult. In 2016 in Illinois, child custody laws will change to reflect parental responsibility instead of custody: As society changes from a traditionally male-dominated workforce, and more and more divorced parents choose joint custody and shared […]
October 30, 2015
Joint vs. Sole Custody During Divorce
If you are facing divorce and have children, determining who gets custody can be the most difficult part of dissolution agreements. There are two types of custody — joint custody and sole custody. If both you and your ex-spouse are present during the divorce, determining the specifics of a joint custody agreement will likely be part of […]
April 12, 2015
Legal Recourse for Parental Alienation
Parental alienation is the systematic breakdown of a child’s relationship with one parent after a divorce. It most commonly occurs after a contested or particularly nasty divorce. One parent may harbor extremely negative or detrimental feelings of the other and wants their shared child or children to be on his or her “side.’ The most […]
February 16, 2015
Coping with Anxiety over a Joint Custody Agreement
While shared or joint custody may seem like the best and most fair option for all parties involved after a divorce, it is not always easy. According to a personal story in The New York Times, learning how to deal with the separation from your child when it is the other parents’ turn to have custody can be […]
February 9, 2015
Defining Guardian ad Litem in Illinois
If you are going through a divorce, or have had a cataclysmic event in your family, issues of child custody may arise. If a court determines that a child is unsafe, or will not be provided for in the home of his or her parents or parent, a court will rule that the child must […]
February 2, 2015
Requesting a Child Support Modification in Illinois
If you are a divorced parent, chances are you have been through challenging and complicated proceedings concerning your children. Whether you and your ex-spouse share custody, or if custody was awarded to primarily one parent and visitation rights to the other, a child support order is likely to be part of the arrangement. Determining a Child Support […]
January 9, 2015
What is a “Bird’s Nest” Co-Parenting Agreement?
Divorcing with children is never easy, but a new trend in divorce may make the dissolution of a parents’ marriage easier on children. This is because a so-called “bird’s nest” co-parenting agreement is the most child-centered co-parenting in which divorced parents can engage. A bird’s nest, or “nesting” agreement is one in which the children stay in […]
November 20, 2014
Illinois National Adoption Day Festivities Kick Off Saturday
This year marks the 15th anniversary of National Adoption Day—an initiative started to help move the nearly 10,000 children in U.S. foster care into permanent, loving homes. While it is not run by one advocacy group, it is a collective effort of policymakers, practitioners, and advocates who work together to finalize adoptions that are in the works. […]
November 4, 2014
Divorced Parent Paying for College: Planning Ahead
Sorting through complicated financial issues is one major hurdle that many divorcees fear. There may be complex decisions to make regarding spousal support or alimony, the division of property, or issues of child support when applicable. Additionally, if you and your soon-to-be ex-spouse have children together, sorting out how you plan to pay for your […]
October 13, 2014
Defining Parental Alienation after Divorce
With technology infiltrating every aspect of modern society and a tendency for people to choose screens over traditional interaction, the idea of social alienation is one oft-discussed by sociologists and psychologist alike. Yet one of the oldest—and arguably most effecting—types of alienation is one perpetuated not by societal trends, but the oldest relationship in history: […]
September 24, 2014
Grandparent Visitation Rights in Illinois
All aspects of a family are affected by divorce. Not only are the children of divorce affected by the marital dissolution, the parents of the parents are also affected. Grandparent rights are often considered the most complicated visitation arrangements to be settled during a divorce, and not all grandparents have a right to visitation. According to The Huffington […]
September 18, 2014
Are Courts Taking Away the Rights of Divorced Parents?
Divorced parents may be losing their rights, at least according to a recent opinion piece in The New York Times. Divorced parents can sue each other; however, married parents cannot. When this happens, judges are often left to determine what is best for the children of divorce—including where they will go to school and where they […]
September 10, 2014
Back-to-School Co-Parenting
If you are a parent, back-to-school time can be one of the most stressful and busiest of the year. There are new clothes to buy, supplies to shop for, schedules to sort, and busy student days to work into your workday. This can be all the more complicated if you are divorced and have decided […]
August 28, 2014
Advice for Divorced Dads
Being a divorced parent can be a difficult role for any adult. Not only does he or she have to deal with the fallout of the failure of marriage and partnership, divorced parents who are the non-custodial parent may also deal with the loss of regular contact with children. Illinois awards custody to whomever the court deems as the […]
August 20, 2014
Parental Gatekeeping and Custody Battles
Parental gatekeeping is a term used by divorceprofessionals and those going through marital dissolution and refers to protracted or restricted custody battles in which one parent keeps the children from the other. According to The Huffington Post, parental gatekeeping is the act of “facilitating or restricting the relationship with a parent and a child.” Limitations can be placed on […]
