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IL divorce lawyerDivorce comes with hundreds of life-changing questions that must be answered in a matter of months. Add children to the mix and things get even more complicated. If you and your former spouse have decided on joint custody, an agreement will be written for you to follow after your marriage has been officially ended. This agreement will include details about each parent’s rights and responsibilities, information about the child, and a parenting time schedule. This schedule breaks down who the child will be with at each hour throughout the week and weekend. The purpose of the parenting time schedule is to avoid having further disputes about time spent with the child. Although a parenting time schedule can be different for each family, there are common schedules that many families choose to follow.

  • The 50/50: This plan is pretty straight-forward. Your child will spend 50 percent of his/her time with mom and the other 50 percent with dad. Some families choose to alternate custody on a weekly basis while others select a biweekly schedule.
  • The 60/40: This can be broken down in two ways. Some families decide to have an “every extended weekend” schedule in which the child spends a long weekend with one parent every week and the remaining four days of the week with the other. Others decide to spend four days with one parent and three days with the other, not necessarily lining their plans up with the weekend.
  • The 70/30: In the 70/30, a child spends five days with one parent and the remaining two days with the other. This is most often done by having one parent take weekends and the other take weekdays.
  • The 80/20: This plan gives one parent primary visitation hours. Under the 80/20 plan, a child will live with one parent most of the time, while seeing the other parent on a bi-weekend basis. In other terms, one parent will see their child every other weekend while the other has their child the rest of the time.

Parenting Agreement Help

Selecting a parenting agreement that works best for your family can be a stressful and difficult decision to make, especially if you and your spouse are not on the best of terms. Our seasoned Kane County parenting agreement attorneys have experience with creating parenting time schedules, whether it follows a common format or not. At Shaw Family Law, P.C., we spend time working with both spouses to come to a conclusion that works best for your family. Contact us to receive your free consultation at 630-584-5550.

 

Sources:

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=075000050HPt%2E+VI&ActID=2086&ChapterID=59&SeqStart=8350000&SeqEnd=10200000

 Illinois divorce lawyerIn the 1960s, developmental psychologist Diana Baumrind identified three distinct parenting styles: authoritarian, authoritative, and permissive. Later, researchers Maccoby and Martin theorized that the parenting style identified as permissive by Baumrind has two types, indulgent and uninvolved. Identifying and understanding your parenting style can help you co-parent with your former partner and relate to your child more effectively. When the court develops a parenting agreement, it considers the child’s relationship with each parent and each parent’s ability to provide for the child’s needs, which can both be tied to the parent’s parenting style. Keep in mind that very few parents fit neatly into one of the boxes below. Rather, these types are the pillars of a parenting style spectrum, and nearly all parents fall somewhere between two or more of these pillars.

Authoritarian

Authoritarian parents are commonly known as “strict parents.” Rather than discussing why rules and boundaries exist, these parents expect their children to obey without question. Authoritarian parents often have high expectations of their children and generally use punishment as a means to encourage compliance with these expectations and control their children’s behavior.

Authoritarian parenting is correlated with insecurity, low self-esteem, mental health problems, and poor social skills in children.

Authoritative

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Illinois divorce attorney, Illinois family lawyerIn the wake of recent political upheavals, it is becoming common to encounter instances when family law questions and concerns acquire an immigration element. Many U.S. citizens hold dual citizenship or are married to foreign nationals. Their children may also be dual citizens. Given that many issues seem to be unsettled, in terms of the new administration’s policies, it is important to be able to react to ensure your family is protected.

Immigrant Status and Family Law

In theory, immigration law is meant to promote the idea of family unity, but in practice, U.S. immigration law can often separate families of different citizenship. Federal immigration law controls where it exists, but there are many loopholes most often filled by imperfect or inexact state laws that are applied unevenly. For example, a battered spouse may apply under immigration laws to obtain a U visa or status under the Violence Against Women Act (VAWA), but it is state family courts and family law that govern domestic violence cases.

One does not necessarily have to prove citizenship in any country in order to avail oneself of the courts in Illinois; however, one must prove state residency to be able to dispute certain issues such as parenting time or spousal support. Without proof of state residency, Illinois courts have no jurisdiction to enforce orders regarding these issues. Marriage may also be a question, especially in the context of VAWA claims or allegations of fraud.

Divorce and Child Issues

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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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