IL custody lawyerWhen you are a parent, getting a divorce does not only affect you and your spouse, it can also have a dramatic impact on your child. If your child has an intellectual or physical disability, you may wonder how you can minimize your child’s stress during this difficult transition. You may have concerns about the emotional effects the divorce will have on your child as well as the logistical and financial issues you will need to address. Although there is no perfect way to handle divorce as a parent of a child with disabilities, there are several steps you can take that may lessen the strain experienced by the whole family.

Minimize the Contentiousness Between You and Your Spouse

Numerous studies have shown that children are very sensitive to parental tension and hostility. One of the best things you can do for your child is to make your divorce as cooperative and respectful as possible. Many parents find that family law mediation allows them to resolve divorce issues such as property division and parental responsibilities without going through a stressful and contentious court trial. During mediation, you and your spouse will meet with a skilled mediator who helps keep discussions focused on solutions rather than accusations, blame, or irrelevant subjects.

Keep Your Child’s Routines as Normal as Possible

Whether your child has a physical disability or an intellectual disability like autism, one thing you can do to lessen the negative impact of divorce on him or her is to keep established routines and schedules the same. Your child’s life is about to change in countless different ways. One way to give him or her a sense of security is to keep morning routines, bedtime, mealtimes, and household rules as consistent as possible. You may be tempted to relax the rules or spoil your child during this tumultuous period in his or her life, but experts say that doing this may actually worsen your child’s stress.

Plan for Your Child’s Financial Future

Disabled children may need specific medical equipment, physical therapy, mental health counseling, and other specialized medical care. The costs of these special needs can certainly add up and will need to be addressed during your divorce. Typically, the parent with the majority of the parenting time receives child support from the noncustodial parent until the child reaches adulthood. Fortunately, Illinois allows children with disabilities to continue receiving child support even after they have turned 18 and/or graduated high school. This financial support may go to the child, the parent with whom the child lives, the facility in which the child lives, or into a special needs trust.

Contact a Kane County Divorce Lawyer

Having a child with special needs can complicate the already complex process of ending a marriage. For help with questions or concerns related to child custody, child support, property division, and much more, contact Shaw Family Law, P.C. Call our office today at 630-584-5550 and schedule a confidential consultation with one of our skilled St. Charles divorce attorneys to discuss your needs.

...

IL divorce lawyerIn 2016, significant changes were made to the way Illinois law handles a parent’s ability to move with a child. Before this update, a custodial parent, meaning a parent with the majority of the parenting time, could move anywhere in the state of Illinois without the other parent’s approval or permission from the court. However, out-of-state moves required court approval even if the move was only 20 or 30 miles away. Now, parents must seek permission from the other parent and/or the court for all moves that are a significant distance away. If you are a parent who wishes to move with your child and you currently share custody with your child’s other parent, there are several requirements you should be aware of.

Defining Relocation

If a parent moves only a short distance away from his or her current residence, this is not considered a relocation. Although the parent will still need to provide written notice to the other parent including the moving date and new address, he or she will not need court approval to move. However, if a move fits the criteria for a “relocation” as set forth in Illinois law, then the parent will need to take additional steps to gain court approval. A relocation is defined as a move that involves:

  • A parent living in Cook County, DuPage County, Lake County, Kane County, Will County, or McHenry County who wishes to move to a new residence in Illinois that is more than 25 miles away
  • A parent living in another Illinois county who wishes to move to a new residence in the state of Illinois that is more than 50 miles away
  • A parent living in Illinois who wishes to move out of state and at least 25 miles away

Obtaining Court Approval for a Relocation

You will need to obtain court approval to move if:

  • You have the majority of parenting time or you are in a shared parenting situation in which each parent has the child for more than 146 nights a year AND
  • The move fits the definition of a “relocation,” according to Illinois law

If the other parent agrees to the relocation and the court does not see any way in which the relocation would harm the child, the court will typically approve the move. However, if the other parent objects to the move, the court will need to evaluate several factors to determine whether or not to grant the relocation. These factors include the reasons for the relocation, the other parent’s reasons for objecting to the relocation, the educational opportunities available to the child at each location, the child’s wishes, and more.

Contact an Illinois Parent Relocation Lawyer

Parents in a co-parenting relationship who have the majority or an equal amount of parenting time must seek court approval for certain moves. Whether you are the parent who wishes to relocate or you object to your child’s other parent moving away with your child, Shaw Family Law, P.C. is here to help. Schedule a free consultation with a skilled St. Charles family law attorney to discuss your concerns by calling us at 630-584-5550 today.

...

IL divorce lawyerWhen divorcing spouses share children together, the divorce process is often much more involved than divorces not involving children. This is especially true if the spouses are not able to reach an agreement about the allocation of parental responsibilities and parenting time. In some divorce cases involving child-related disputes, a guardian ad litem (GAL) is appointed to act as a child representative. The judge may assign a GAL to the case or a spouse may request for a GAL to be assigned. The opinion of a guardian ad litem can have a major impact on the outcome of a child custody case.

Understanding the Role of a Guardian Ad Litem

Unfortunately, in many custody disputes, one or both parents are more interested in “winning” the case than working toward a custody arrangement that is in the child’s best interests. During a contentious divorce case, the wishes and needs of the children can become obscured. A guardian ad litem is a lawyer who represents the child’s best interests. He or she is tasked with investigating the facts of the case and eventually developing an opinion about what type of child custody arrangement is best for the child. This may be accomplished through evaluating the child’s residence as well as interviewing parents, siblings, teachers, daycare workers, and other people involved in the child’s life. The GAL will also look for evidence that suggests a living environment may be unsafe for the child. He or she may analyze criminal records, health records, school records, and any past or present Child Protective Services cases. The GAL then shares his or her findings and overall opinion with the judge. Although the judge is not required to follow the GAL’s recommendation, this recommendation will most likely carry substantial weight.

Should I Request a GAL?

Some divorcing spouses misunderstand the purpose of a guardian ad litem. They assume that the GAL is an additional attorney who will help them argue their side during the divorce process. However, the GAL does not “work” for one spouse or the other. His or her only allegiance is to the child or children involved in the dispute. You should only request a GAL if you are prepared to be honest and fully cooperate with his or her investigation. If the GAL catches you in a lie, this could significantly reduce your credibility. Many parents request a guardian ad litem because they have concerns that the other parent is not capable of providing a safe, loving home for their child. If you want to learn more about requesting a guardian ad litem, speak to an experienced child custody attorney.

Contact a St. Charles Child Custody Lawyer

A guardian ad litem is a lawyer who is responsible for investigating the facts of a child-related legal dispute and presenting a recommendation to the judge. To discuss whether or not assigning a guardian ad litem to your case may be right for you, contact Shaw Family Law, P.C. Call our office today at 630-584-5550 and schedule a free consultation with an accomplished Illinois family law attorney from our firm.

 

...

IL family lawyerDivorced and unmarried parents in Illinois are required to submit a parenting plan, or parenting agreement, to the court. The plan describes how the parents will allocate parental responsibilities and share parenting time. A shared parenting arrangement can leave one parent with significantly less parenting time than he or she would prefer. If you are looking for ways to increase your parenting time, one way to do so may be through the “right of first refusal.”

Understanding Your Right to Enjoy Additional Parenting Time

The right of first refusal refers to a parent’s right to gain additional parenting time when the parent who is assigned parenting time cannot fulfill this commitment. Consider the following example: A father is assigned parenting time, formerly called visitation, every other weekend. He misses his children and wishes he could spend more time with them. On one of the weekends that the children’s mother is assigned parenting time, she must leave town for a work obligation. Because the parents included directions about the right of first refusal in their parenting plan, the mother is required to notify the father about her work trip and give him the opportunity to care for the children during her absence. If the father cannot take on the additional parenting time, then the mother is permitted to find a third-party such as a babysitter or grandparent to care for the children.

Deciding How The Right of First Refusal Will Apply

Parents will need to decide how the right of first refusal will apply to their particular situation and include this information in their parenting plan. Parents should consider:

  • How long a parent’s absence must be in order for the right of first refusal to apply
  • How much advance notice the parent who is originally assigned parenting time should give the other parent if he or she will be absent
  • The amount of time that the other parent has to accept or refuse the additional parenting time
  • Transportation arrangements for the children

It is not always easy for parents to reach an agreement about the right of first refusal or the other terms of their parenting plan. Many parents find that mediation and guidance from an experienced child custody attorney are extremely helpful during the creation of a parenting plan.

Contact a St. Charles Child Custody Lawyer

Illinois parents who are planning to divorce will need to create a parenting plan that describes each parent’s child-related rights and responsibilities. If parents cannot reach an agreement about these issues, the court may need to intervene. For help negotiating the terms of your parenting plan and zealous representation during court proceedings, contact Shaw Family Law, P.C. Schedule a free, confidential consultation with a Kane County family law attorney from our firm by calling us at 630-584-5550 today.

...

IL family lawyerIf you are getting divorced or you are an unmarried parent, you may have questions about how child custody, called the allocation of parental responsibilities in Illinois, is handled. You have probably seen phrases such as, “The court will determine a parenting time schedule that is in the child’s best interests.” You may have wondered what the phrase “best interests” actually means in this context.

Determining What is in a Child’s Best Interests

When a married couple with children gets divorced or an unmarried couple has a child together, they have the option of creating their own arrangement for parenting time and parental responsibilities. Parents who need help negotiating a parenting plan may benefit from the help of a qualified mediator. However, even with mediation, coming to an agreement about the allocation of parental responsibilities is not possible for some parents. In cases like this, the court will consider a number of factors to determine a parenting arrangement that is in the child’s best interests. These factors include but are not limited to:

  • Each parent’s wishes regarding custody
  • The mental and physical health of the parents
  • The wishes of the child if he or she is old enough to express these wishes
  • The relationship the child has with his or her parents, siblings, and any other individuals who may affect his or her best interests
  • Each parent’s ability to facilitate a good relationship between the child and the other parent
  • The child’s adjustment to his or her home, school, and neighborhood
  • Any domestic violence or abuse that has occurred and
  • Whether or not either of the parents is a sex offender

Unless there has been ongoing abuse as defined in the Illinois Domestic Violence Act of 1986, Illinois courts typically assume that it is in the child’s best interests to have both of his or her parents highly involved in his or her life.

Contact an Aurora Child Custody Lawyer

When parents cannot agree on child custody issues, the court will decide for them. The parents’ wishes, the wishes of the child, any history of abuse, the health of the parents, and many other factors are considered by Illinois courts when making child custody determinations. If you are in a custody dispute, contact Shaw Family Law, P.C. for help. Schedule a free consultation with a proficient Kane County family law attorney by calling us at 630-584-5550.

 

...

Recent Blog Posts

Categories

Archives

Contact Us

How Can We Help?

NOTE: Fields with a * indicate a required field.
*
*
*
*
AVVO LL BV