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Will County divorce attorney parenting time

For many people, most of their knowledge about divorce is simply what they have seen played out in movies or TV or from stories they have heard from their family and friends who have gone through a divorce. No two divorces are the same, so there are many things that may come as a shock to couples who end up going through the process. This can be especially true when it comes to couples who have children. Parents getting a divorce have many additional issues to worry about, including allocating parenting time and parental responsibilities. For many parents, one of the biggest shocks can be realizing just how much less time they will be spending with their children.

Examining the Determining Factors

Nearly all family law practitioners and the court system encourages you to work together with your spouse to work out a parenting time agreement, but when a couple becomes contentious with one another, the court must sometimes intervene. If the court has to step in to make decisions about issues such as allocating parenting time, the decision will be made based on what is determined to be in the child’s best interests. To do this, the court looks at a variety of factors involving your situation, including:

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Naperville divorce attorney parenting plan

If you are considering divorce and have children with your spouse, you may be wondering how things will be handled if you do decide to split. Not all divorcing couples experience contention in their parental relationship; some simply lose their romantic connection after some time together. Regardless of how amicable your relationship is, you are required to create a parenting plan according to Illinois divorce laws. Co-parenting can be difficult, especially with someone who you have legally divorced. This parenting plan will help guide you and your spouse with your future parenting arrangements and decisions, especially if you do not stay on friendly terms forever.

Illinois Requirements

Parenting plans are fairly customizable to fit each family’s unique needs; however, there are a few issues that are required to be addressed in an Illinois plan. The first topic that must be outlined is parental responsibilities. Divorcing parents must designate a custodial parent, or primary caregiver, and non-custodial parent. You should also detail who will be doing what, including each parent’s ability to make education, healthcare, and extracurricular activity decisions. Parenting plans will also include a detailed schedule, known as parenting time, which notes who will be caring for the child each day of the week. Each family’s parenting time arrangement will differ, with some choosing a more equal division and others having one parent be the primary parent. You must also include information about how you will handle disagreements on your parenting plan. Most parents will turn to mediation to avoid spending time in court, but if a history of abuse is present, this may not be applicable. One of the last required areas in an Illinois parenting plan is how to handle the relocation. If one parent wishes to relocate with his or her child out of state, he or she will need permission from the other parent, or the court, to do so.

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Bolingbrook child custody attorney parental relocation

It is not uncommon for one parent to move out of state following a divorce from the other parent. But when it comes to relocating with a minor child, an Illinois court must first determine if such a relocation is in the child’s best interests. Illinois law establishes a list of factors for the court to consider, including the circumstances and reasons for the relocation, the child’s educational opportunities at the new location, and whether the court can fashion a reasonable parenting plan if the move is allowed.

Illinois Court Reconsiders Earlier Decision to Deny Mother’s Request for Relocation

The parent seeking relocation bears the burden of proving that a proposed move will benefit the child. No parent should ever relocate under the assumption that the court will simply allow him or her to take the child along. In addition, should a court decide to reject a proposed relocation, the parent’s options for appeal can prove quite limited.

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Naperville child support attorney

Child support is considered a legal obligation. This type of financial support is used for a minor child’s basic needs, such as food and clothing. In some cases, it may also go toward housing, transportation, activities, and medical costs. When an Illinois court order requires a parent to pay child support, that order becomes an enforceable judgment in their divorce or child custody case. Like any civil judgment, failure to pay can lead to consequences, including an assessment of interest. According to the Appeals Court, interest is calculated based on when the parent stopped paying, not when the judge calculates how much money is owed. 

Calculating Interest 

A recent decision from the Illinois First District Appellate Court, In Re Marriage of Gloria Westlund, helps to illustrate how interest on unpaid child support works in this state. This case involved a couple that obtained a divorce in 2009. At the time, the parties had one minor child. The final divorce awarded the parents joint custody but named the mother as the custodial parent. The order also required the father, as the non-custodial parent, to pay child support.

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