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IL divorce lawyerIf you are a parent who is considering divorce, you may have concerns about how financial issues and child custody concerns will be handled between the initial split and the conclusion of the divorce. Divorce cases, especially high asset divorces and those involving a high degree of conflict, can take several months or several years to resolve. You may be asking yourself, “How will I make ends meet without my spouse’s income during the divorce process?” or “How will parenting time and parental responsibilities be divided before the divorce is finalized?” One way to answer these questions is to petition the court for temporary relief orders.

Temporary Arrangements for Child Custody, Child Support, and Spousal Maintenance

A petition for temporary relief asks the court to issue temporary court orders regarding certain financial and child-related issues. You can ask for a temporary relief order at any time throughout the divorce process. The temporary relief may address issues related to:

  • Possession of the marital residence
  • Spousal maintenance (alimony)
  • The sale of marital property
  • Health insurance
  • Child custody
  • Child support

The directions contained in temporary orders only last until the divorce is finalized. These orders may be modified if a spouse experiences a “significant change in circumstances” that necessitates the modification. Temporary orders for child support and spousal maintenance have no impact on the final orders. It is very possible that the amount of child support or spousal maintenance awarded in the final judgment will differ from what was awarded in the temporary order. On the other hand, temporary child custody orders can influence the final decisions about the allocation of parental responsibilities and parenting time. This is because the court makes child custody decisions based on the best interests of the child. It is generally assumed that dramatically changing a child’s living situation only adds to his or her stress during divorce. Consequently, courts are inclined to consider the child’s living arrangements during the divorce when deciding post-divorce custody issues.

Determining the Amount of Temporary Support to Be Awarded

Temporary orders for spousal maintenance and child support can provide a spouse with financial relief before any final decisions about maintenance and support are settled. When determining the amount of temporary relief that a spouse receives, the court will consider the incomes, assets, and needs of each party as well as the needs of the children. The court will review the spouses’ financial affidavits and parenting time arrangement and evaluate financial documents such as pay stubs, tax returns, and bank statements to determine fair and reasonable temporary support arrangements.

Contact a Kane County Divorce Lawyer

If you would like to learn more about temporary relief during your divorce or you have other divorce-related concerns, contact Shaw Family Law, P.C. Call our office at 630-584-5550 and schedule a free consultation with one of our skilled St. Charles divorce attorneys today.

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IL family lawyerDivorcing and unmarried couples with children often struggle to reach an agreement about child custody and visitation, called “the allocation of parental responsibilities” and “parenting time,” in Illinois. Divorcing parents are asked to create a “parenting plan” that addresses how the parents intend to share child-related duties. The plan contains information about which parent the child will spend time with and when, how parents will make major decisions about the child’s upbringing, transportation arrangements, and more. When parents cannot agree on one or more elements of a parenting plan, one option that may help them reach a resolution is family law mediation.

Parents May Be More Likely to Comply with Parenting Plans They Helped Create

During child custody litigation, the court considers arguments from each party and then decides on a parenting plan that is in the child’s best interests. During family law mediation, parents are encouraged to negotiate the unresolved issues and find solutions that both parents can agree to. This means that if the parents are successful in creating a parenting plan during mediation, the plan will contain input from both parents. It is much more likely that a parent will comply with a parenting plan that he or she helped create than a plan that was decided by the court.

Mediation Can Help Encourage a Positive Co-Parenting Relationship

Courtroom litigation can create an atmosphere of “us versus them” that may increase the level of bitterness and resentment between parents. On the other hand, mediation is designed to be a cooperative, respectful process in which both parents have the opportunity to voice their opinions. Parents who learn how to work out parenting issues during mediation build a strong foundation for amicably resolving co-parenting disagreements in the future. In the end, the people who often end up benefiting the most from family law mediation are the children.

Mediation is a Confidential, Cost-Effective Process

Statements made during litigation are a matter of public record. However, anything said during mediation is confidential – save for certain statements involving abuse or illegal activity. Parents can speak freely without worrying that private information will be shared with the public or that their statements will be used against them in court. Furthermore, family law mediation tends to be much less expensive than litigation.

Contact a Kane County Mediation Lawyer

For many parents, mediation is a great way to resolve child custody disagreements cooperatively and without the need for litigation. If you are considering mediation for your child-related legal dispute, Shaw Family Law, P.C. can help you determine whether mediation is the best choice for your unique situation, choose a quality mediator, and understand your rights during mediation. Call our office at 630-584-5550 to schedule a free consultation with a St. Charles family law attorney to discuss your needs.

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b2ap3_thumbnail_parenting_20200302-171405_1.jpgIf you are planning to divorce and you share children with your spouse, you will be required to create a “ parenting agreement” or parenting plan as part of your divorce. The parenting agreement will include key information about how you and your child’s other parent plan to share parental responsibilities and make important decisions about your children. Many divorcing spouses disagree regarding the terms of their parenting agreement. In these cases, mediation and assistance from an experienced family law attorney can be valuable resources.

Defining Each Parent’s Rights and Responsibilities

The parenting agreement is not simply another piece of divorce paperwork. This agreement will act as the main authority regarding each parent’s child-related responsibilities, expectations, and rights after the divorce. Illinois law identifies the elements that must be addressed in the parenting plan. These elements include:

  • How the parents will make significant decisions about the children
  • Each parent's parenting time (formerly called visitation)
  • Transportation arrangements
  • Each parent’s responsibility to notify the other of child-related emergencies, medical care, travel plans, or other significant matters
  • Each parent's right to access children’s school reports, extracurricular reports, medical records, and child care records
  • Directions for mediation if a parent wants to reallocate parenting time or parental responsibilities
  • Information about any future modifications of the parenting plan
  • Requirements regarding any future parental relocations or disputes about potential relocations
  • Directions regarding parent communication with the child during the other parent's parenting time
  • Each parent’s “right of first refusal” meaning each parent’s right to gain extra parenting time when the other parent cannot fulfill his or her parenting time obligation
  • The children's residential address for the purpose of school enrollment
  • Each parent's residential address, contact information, place of employment, and employment contact information and
  • Any other provision that addresses the children’s needs or that will help facilitate cooperative co-parenting

At a minimum, parents are required to adequately address the mandatory elements in their parenting plan. However, it may also be a good idea for parents to include additional information about how they plan to co-parent after their divorce. Voluntary elements in a parenting plan may not be legally enforceable, but this information can go a long way in helping parents avoid child-related disputes in the future.

Contact a Kane County Child Custody Lawyer

Understandably, divorcing parents may not always agree regarding child-related issues. If you are planning to divorce and you and your spouse are struggling to reach an arrangement about child custody or other child-related issues, Shaw Family Law is here to help. We have helped countless divorcing parents resolve divorce-related issues and protect the best interests of their children. Schedule a confidential consultation to discuss your needs with an experienced Illinois family law attorney from our firm by calling us at 630-584-5550 today.

 

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IL custody lawyerMost of the courts in Illinois require a couple to go through mediation in cases involving allocation of parental responsibilities, visitation, and relocation before going through the court system. Child support will still be determined by the family court judge, however, all other issues can be settled in mediation.

This right is also given to unmarried parents, but there is an extra step that the couple must go through before heading to mediation.

When a couple has a child without being married, paternity cannot be assumed. It must be proven either through a court-ordered paternity test or a Voluntary Acknowledgement of Paternity (VAP) form that can be filled out and filed at the time of a child’s birth.

If a father claims the child and all the proper paperwork is filed, the couple can go through a mediator to determine the allocation of parental responsibilities including:

  • Where the child will live and with which parent
  • How much time a child can visit with their non-custodial parent
  • Where the child will attend school
  • Who will be the child’s primary decision-maker on issues of health and religion

Child Support Determination

While some states allow parents to come to an agreed-upon amount for child support payments, Illinois requires that parental partners must have their payments determined by the court system.

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IL divorce lawyerThere are various situations in which grandparents take on the parental role for their grandchildren. Sometimes the child’s parents pass away, some are unfit to raise children, while others are simply absent in their children’s lives. While many grandparents will take their grandchildren in as a result of their own child’s neglect or absence, this can be a difficult task for older people to take on. Dreams of travel, spending time with their spouse, or a relaxing retirement can get put on a temporary or permanent hold. Many grandparents willingly adopt their grandchildren but the transition is not always so easy.

Tips for Easing the Transition

  1. Feelings First: Both you and your grandchildren will feel a mix of emotions about the huge life change. You may be feeling a combination of happy and sad feelings: pleased to be able to provide your grandchild with a loving home but upset that your life plan took an unexpected turn. Your grandchild will most likely be experienced similar sentiments. For children, these feelings can often be displayed through aggressive or inappropriate behavior. Talking to your grandchildren about their feelings is the first step towards creating a sense of normalcy. Looking for grandparent support groups is a good way to get a hold on your feelings without taking them out on your grandchild accidentally.

  2. Make Your House Their Home: Children thrive off of stability which can seem impossible to create in the midst of a parental change. However, there are steps that can be taken to help build this new home. Creating a schedule or routine helps form a new sense of normalcy as does setting house rules for the child to abide by. The best way to make your home feel like their home is to give them their own space. Having their own bedroom can make your house feel less temporary, allowing the child to see your home as their home.

  3. Encourage Parental Contact: Many situations make this impossible and sometimes contact with the parents is not in the child’s best interest, but this is not always the case. If the child’s parent is still able to be contacted, it can be advantageous to the child to maintain that relationship, even if the relationship is different than it was before. It is important to avoid showing your grandchild any disappointment or anger that you may have towards their parents. Keeping the child from communicating with their parents can create a sense of resentment towards you, even if you are the one taking care of them day to day.

Contact a Kane County Adoption Attorney for Help

Becoming a parent for a second generation can be difficult physically and emotionally. Some grandparents feel as if they have no other choice while others fight to remove their grandchildren from an unhealthy or unsafe home. At Shaw Family Law, we understand that every family’s situation is unique and deserves the utmost attention to do what is best for the child. If you are considering legally adopting your grandchild, contact a St. Charles, IL adoption attorneys at 630-584-5550 for a free consultation.

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IL divorce lawyerWhen married relationships are no longer working for either spouse, most couples separate for a period of time before seeking out divorce. Most states require a couple’s separation, that is living under separate roofs, for a specific period of time before divorce can be initiated. The purpose of this forced separation is to allow each spouse to see what their life would be like without their significant other in order to decide if this is the best choice for them. While divorce is one of the most common answers if a couple is unhappy in their marriage, legal separation is also a valid response.

Legal Separation

If a couple is considering separation for a long period of time, a written agreement regarding their assets, debt, alimony payments, child custody, and visitation rights is advantageous for both spouses. While living under separate roofs and leading different lives may seem like a good way to move on, without legal documentation both spouses are still on the hook for the other’s finances. This includes debt incurred by either spouse.

Many couples decide to become legally separated for financial reasons as separation can have financial benefits for both parties. Some couples will use a legal separation agreement to reach the 10-year marriage requirement for social security benefits. If a marriage has lasted 10 years, a divorced spouse who has not remarried is eligible to receive such benefits later in life. Continuing under the same health insurance is also another advantage of legal separation. Many businesses will continue covering a separated spouse; however, it is crucial that you check the fine print of your healthcare plan as this is not always a guarantee. Legal separation can also lead to potential benefits when filing taxes. Sometimes couples, or ex-couples, can save money by filing their taxes jointly. This is also not always a guarantee but can be better determined with the help of an attorney.

Divorce

Divorce agreements include much of the same details regarding assets, debt, alimony payments, child custody, and visitation rights, yet all ties between the spouses become severed. Divorce agreements are also immutable. Once the papers are signed by both parties, the marriage is officially done. Divorce is most common because many couples wish to meet someone new after the ending of their marriage. If a couple is legally separated, they cannot get remarried and remain separated. A divorce is required. Many opt for divorce in order to completely disconnect themselves from their spouse and move on from their previous marriage.

Contact a St. Charles, IL Family Lawyer for Help

Divorce is a common result of unhappy marriages everywhere. However, many couples opt for legal separation because of the personal and financial benefits. Simply living in different houses does not qualify as legal separation. Couples must seek out an experienced legal separation attorney to hammer out the details. If you are looking to formulate a legal separation agreement, contact a skilled Kane County legal separation attorney for professional help at 630-584-5550.

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Illinois custody attorneyLife rarely keeps us in one place forever. You might be offered a new job opportunity, get accepted to your dream school, meet a new partner, or face financial and personal conditions that make moving away not just an option, but the ideal course of action for you. Before you had children, decisions like this were easy to make. With children, they are far more challenging. And when you have a parenting plan for your child, moving can require court approval.

Not all proposed moves require court approval. A parent can move across town or within a small radius without getting permission from his or her former partner or the court. It is only when a proposed move is far enough that it would require altering an existing parenting plan that the parent cannot simply pack up and go.

Determine How Far You Can Move without Permission

In Illinois, where a parent currently resides determines how far they can move without his or her former partner’s consent or court approval. For parents in Cook, DuPage, Kane, McHenry, Lake, and Will counties, this limit is 25 miles from their current residence. For parents in all other Illinois counties, the limit if 50 miles. These limits apply to inter and intrastate moves, except for when a move is both out of Illinois and at least 25 miles from the child’s current residence.

Get Your Former Partner’s Consent to the Move

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b2ap3_thumbnail_child-custody.jpgThe parenting agreement you sign at the time of your divorce might not serve your child well until he or she becomes an adult.

A parenting plan is divided into two components: parenting time and parental responsibilities. You can modify one or many items in your parenting plan by filing paperwork with the court to alter it. If you and your former spouse agree to the change, this is an easy process. If you do not agree on the proposed changes, you will have to demonstrate to the court that circumstances in your lives have changed and the proposed new plan is in your child’s best interest.

Your Child’s Needs Change as He or She Grows

When your child is in elementary school, remaining in the same school after your divorce could be in his or her best interest because this means one less disruption. By high school, attending a school that has greater academic resources might be a higher priority, which can mean changing districts. In this case, consider altering your parenting plan so your child attends the school that can serve him or her better.

Changes in a Parent’s Household Impact the Child

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Illinois divorce lawyer, Illinois child custody attorneyThroughout the years and perhaps due to the change in family dynamics in our country, the family law regarding child custody and visitation schedules have undergone significant changes. No longer are we in the ages of the clear cut, laid out in a black-and-white model of care arrangements. Legislators realized that there is no one-size-fits-all model. Instead of joint custody or sole custody division, Illinois has the additional assignment of parental responsibility. Although transitions such as these are beneficial because they allow the courts to mold a solution suitable for each family, terms become increasingly blurred and challenging for someone unfamiliar with the area. It is not uncommon for questions to arise when determining the best outcome for each child.

The Best Interest of the Child

As always, Illinois focuses on the best interest of the child, occasionally even if that is against the guardian's preferences. A judge will take into consideration if someone is unwilling or has a lack of want to care for the child, as well as those who do prefer to look after the child, however other factors play into consideration. By Illinois law, 15 factors influence the determination of parental control, including:

  • The child’s wishes and needs,
  • The child’s adjustment to the home, school, and surrounding community,
  • The mental and physical health of all parties,
  • The relationship of the parents (i.e. contentious, cooperative, etc.)
  • The history each parent has in decision making for the child,
  • Parental wishes,
  • Potential restrictions on decision-making capabilities,
  • Abuse, and
  • Sex offender registrant status.

Parental Responsibilities

Regardless of which parent has physical custody of the child involved, there is a separate matter of who has the decision-making capabilities. There is no legal obligation stating that both parents have an equal right to choose the upbringing of the child. For instance, a judge may determine that the mother can make a decision regarding education whereas the father makes the decision about religion. The major areas in which a judge determines who controls the decision making include:

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Posted on in Mediation

Illinois mediation attorney, Illinois divorce lawyerThe decision to attend mediation to settle your divorce matters is a beneficial one. Couples have the option to discuss their post-divorce arrangements and come to settlement agreements in the presence of a professional mediator, who is trained to minimize conflict and help produce positive results for the entire family. Before you begin the negotiation process, though, it is important to address core issues that will be discussed during mediation. This will help ensure everything runs as smoothly as possible and that you are not caught off-guard when it is time to reach an agreement.

Here are some key areas every couple should discuss in preparation of the mediation process:

Joint Accounts

Whether you share regular checking and savings accounts, vacation funds, or credit cards, it is important to take inventory of all your joint accounts and make sure you have copies of everything. This includes mortgage statements, wills, and trusts. If you are able to civilly discuss money matters with your soon-to-be ex-spouse before mediation, it is helpful to do so, but if that is not an option, gather the financial records for yourself and wait to tackle the subject until your mediation conference.

Other Assets 

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Illinois child custody laws, Illinois child custody attorneyDivorce and separation can be difficult on the entire family, especially when it comes time to address the allocation of parental responsibilities (child custody) and parenting time (visitation), as these issues impact the lives of both parents and children. A new lifestyle is born, and new routines are put into place, forcing everyone to adjust and adapt to many big changes at once.

Unmarried Parents Versus Married Parents

One question that often plagues the mind of parents undergoing divorce is whether or not their rights are equal. The subject of father’s rights are particularly concerning, as many children end up residing with the mother after a divorce. Do fathers receive the same rights? Is their desire to participate in the lives of their children taken just as seriously as the mother’s needs and wants?

If the couple is not married, these questions are doubly important. When couples are married, most states automatically assume that the husband is the father of the child and is therefore entitled to certain rights. The same is not true for unmarried couples sharing children.

What Rights Can I Expect to Have as a Father or Mother Going through a Separation?

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Illinois child custody attorney, Illinois family law attorneyAs of the of January 1, 2016, Illinois law refers to child custody as the allocation of parental responsibilities. The concept behind the term child custody still remains the same, however. Divorcing parents work together with the court and an attorney to create new lifestyle arrangements for their children and determine who is responsible for making what decisions for them. The agreements include everything from where the child will live, who they will live with, and how the child’s education, extracurricular activities, and religious practices will be managed.

Asking for Parental Responsibilities

The filing process for allocation of parental responsibilities will vary from county to county, but throughout Illinois you can expect to go through the following steps:

  • Obtain legal representation and file the petition;
  • Make an appointment for a case management conference (This must be done no later than 90 days after you file the petition); and
  • Serve the other parent the filed petition with a summons.

After you complete the initial first stages of the process, you await a response from the other parent. If they fail to respond, the next step is to ask the court for a default judgement.

Create a Parenting Plan That Suits Your Family’s Needs

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Illinois child custody laws, Illinios family law attorneyWhen you lose an allocation of parental responsibilities case, it can feel like you will only rarely see your child. However, there are many things you can do to increase your time with your child. It often starts with maintaining a positive relationship with the other parent. Even if the court has decided it is not in the child’s best interest for you to be the primary caretaker, that does not mean you do not have a vital role to play in your child’s life.

Right of First Refusal

Under Illinois law, when the child lives primarily with one parent, the other parent can ask the court for the “right of first refusal” when childcare is needed. This means that before the child is put in daycare, the other parent should be given the chance to be with their child instead.

This situation can benefit everyone involved. You and the child get to spend more time together, and the other parent saves on childcare costs. This arrangement works best when the two parents have an amicable relationship and both parents are willing to be flexible and put the needs of their child first.

Sharing Carpool and Taxi Duties

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emotional support, Kane County divorce lawyerDivorce can have long-lasting effects on the entire family. Issues such as allocation of parental responsibilities (child custody), child support, and parenting time (visitation rights) all need to be addressed as the divorce process is underway, and the emotional toll on everyone involved can be incredibly overwhelming.

The state of Illinois is also aware of these effects, and thankfully, the state legislature encourages certain practices to help ensure the children in the family are receiving the emotional support and attention they need during such a tough, transitional period.

Divorce Education Benefits the Whole Family

The Kids in a Divorcing Society program—also simply referred to as "KIDS"—is an educational program provided by Kane County for parents undergoing divorce. The goal of the program is to help equip parents with the tools they need to learn how to best restructure their families in a way that minimizes the negative emotional impact on their children before, during, and after the divorce is finalized. The KIDS program teaches the parent coping skills for re-entering the world as a newly single parent, and also benefits the child long-term by empowering and arming the parent with positive, effective parenting techniques.

Some helpful topics the program will cover:

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