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Posted on in Children

co-parenting, St. Charles family lawyersIf you are considering divorcing your spouse and you are a parent, you are probably worried how you will raise your child after the divorce. If you and your spouse plan to share parental responsibilities, as is recommended by courts when it is in the best interest of the child, you will have to find a way to effective co-parent with your soon-to-be-ex-spouse. This can be much more difficult than it looks. While it is up to you to find the specific co-parenting arrangement that works for your unique circumstances, there are some guidelines which can help you overcome some of the struggles of parenting your child with an ex-spouse.

Make a Specific Parenting Agreement

If you have a cooperative spouse, it is much better to make parenting decisions together rather than forcing the court to allocate parental responsibilities, previously called child custody. In the parenting agreement, or parenting plan, make sure to include joint decisions regarding:

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modification, St. Charles family law attorneysThe purpose of divorce is to separate two peoples’ lives that have been intertwined through marriage. When two people get married, they not only combine their personal lives but also their financial lives. In order to divide them again during a divorce, a judge will decide what is a reasonable amount of marital property, spousal support, and/or child support to assign each spouse. These decisions are made based on several factors such as each spouse’s income, their contributions during the marriage, and their respective parental responsibilities. But, what happens if these factors change after the divorce is finalized? In a case like this, a divorced individual may need to seek a divorce decree modification.

Verbal Agreements Are Not Enforceable

Circumstances which would necessitate a divorce modification include substantial changes in income, illnesses, relocation, or remarriage. Generally, courts do not make changes to the original property or debt division, but modifications of spousal support or alimony, child support, and parenting time, are more common. Couples who wish to modify the terms of their divorce agreements by way of a verbal agreement should be ward that such verbal agreements are not enforceable by the court. Modifications must be in writing and approved by the court to be effective.

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abuse, Kane County family law attorneysDomestic violence is a serious problem in this country. According to the National Coalition Against Domestic Violence, 10 million women and men are abused by a romantic partner every year. This works out to an average of almost 20 incidents every minute. Many of the couples affected by domestic violence have children. In fact, 1 in every 15 children are exposed to intimate partner violence each year. Children are deeply affected by witnessing domestic violence, and exposure to it may cause them serious anxiety, fear, sadness or even guilt.

In Illinois parental responsibility cases—formerly called child custody—every effort is made to make decisions which are in the child’s best interest. Therefore, most courts will not order a child to live with or have visitation with a consistently abusive parent. However, if this abuse is not known to the court or is not documented, the courts may allow arrangements that place the child in danger. This is why it is important for each parent to notify the judge of any issues involving either parent that relate to domestic violence or protective orders.

Emergency Orders of Protection

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Posted on in Child Custody

parenting time, Illinois parenting time lawyersVery few divorce agreements ever remain totally unmodified, and some of the most common modifications involve parenting time. For a variety of reasons, parenting time divisions are extremely likely to change, though in some cases it is possible to successfully oppose the change. Regardless of which side of a proposed change you are on, knowing how the law around parenting time works can always be helpful.

Parenting Time and Parental Responsibilities

The law surrounding child custody in Illinois has recently undergone significant modification. In January 2016, a revamped Illinois Marriage and Dissolution of Marriage Act (IMDMA) took effect, and made major changes to the issues of child custody and support (among others). The new terminology reflects the fact that sole or joint custody is no longer awarded to either parent. Instead, the “allocation of parental responsibilities” reflects the state’s wish for a more cooperative parenting approach. Rather than ceding custody to one parent or the other, responsibility for making various decisions on the child’s behalf is apportioned. The amount of parenting time does not necessarily mirror the amount of parental responsibility granted to you, though it may.

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shared, Kane County family law attorneyThere is no question that divorce is already a difficult and painful process. Couples with children have an even more challenging road ahead of them. Parents must not only come to terms with the end of their marriage, but also need to figure out how to move forward as mothers and fathers. How will they raise their children now that they are no longer married?

Attitudes regarding the roles of parents after a divorce have changed dramatically in the last 50 years. There was a time when mothers were almost automatically considered a child’s main or only parent. Mothers were generally tasked with raising children both within a marriage and after a marriage ended in divorce. Eventually, society began to recognize the dramatically important role a father plays in a child’s life. However, today’s mothers are still more likely to be awarded custody of their children than fathers are. According to a new study, this maternal favoritism may not be in the best interest of children.

Children Do Better in Life When Both Parents Are Involved

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