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Helping Illinois Kids Cope with Divorce
Although divorce is never easy, most couples feel a sense of relief when the divorce is finalized and each party can move on to the next phase of his or her life. But for the thousands of Illinois children whose post-divorce life is dictated by the terms of a child custody agreement, there is no sense of relief. Divided homes, blended families and constant uprooting due to visitation agreements can leave children feeling angry, hurt, and confused. There are, however, things you can do to help ease the transition for your children.
Make sure your children know they are not at fault. Children often believe they caused the divorce. As parents, your most important job is to let them know the divorce is not their fault. If possible, both parents should sit down together with their children and break the news of the divorce to them. Answer any questions they have as honestly as possible without going into more detail than necessary.
Can Use of Corporal Punishment Affect Illinois Child Custody?
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Child’s Preference in Illinois Custody Cases
One of the most difficult aspects of divorce is dealing with child custody. The possibility of having to relocate or switch schools, in addition to spending less time with both parents, can leave a child feeling stressed, anxious and opinionated about the parent with whom he or she wants to live. However, when making an award of child custody or visitation, the Court must consider the child’s best interests. Additionally, there are a number of factors the Court must weigh. One factor is a child’s preference, pending the Court determines that the child has “sufficient maturity to express a preference.”
Parent Education Class Requirements in Illinois Child Custody Cases
The Illinois Supreme Court rules require all parents involved in a child custody case, whether contentious or not, to enroll in parent education classes. Even if the one parent defaults or fails to participate in the proceedings, the other parent is required to attend the parent education class.
Each Circuit Court or county may create its own parenting education program, provided it consists of at least four hours and covers visitation, custody and the impact both have on children. Each parent is required to attend the parent education class no later than 60 days after there is an initial case management conference. The Court may impose sanctions of its choosing on parents who fail to attend the class as required, without showing good cause as to why their attendance should be excused. The Circuit Court of Cook County has two approved parent education courses: one in-person class and an online option. Parents are able to choose the course. However, there is one exception. Parents who are ordered to attend mediation or emergency intervention must attend the in-person classes. The goal of parent education classes is give parents tools to help minimize the stress marital conflict can have on their children and to help them learn how to have a non-adversarial relationship after the divorce. The better the relationship between the parents post-divorce, the easier the divorce and its aftermath will be on the children. While parents work their way through the custody process, the classes provide them with skills to promote healthier communication as a means to reduce conflict. The in-person course has three options, depending on where each couple is in the child custody process:- Pre-decree class: Parents in the process of a divorce or civil union dissolution.
Handling the Holidays with Children after Divorce
Whether a family celebrates Christmas, Hanukkah, Kwanzaa, or just the winter season, the holidays will be very different following a divorce. However, it does not mean that the holidays will be impossible. In fact, certain steps can be taken to help keep everyone happy.
Have a Detailed Child Custody Agreement
The first and most important suggestion for handling the holidays after divorce is ensuring a child custody agreement specifically deals holiday arrangements. There is no "one-size-fits-all" approach. A decided schedule will depend entirely on the circumstances of each individual family.
Some couples choose to alternate holidays, with one parent having the children on Christmas in odd-numbered years and the other having the children in even-numbered years. Others may divide a holiday and have children spend part of the day with both parents. For example, one parent may spend Christmas Eve and Christmas morning with the children, while the other parent then spends the remainder of Christmas day with the children.
Traveling Out of Town with Your Children: Do You Need Permission?
The holidays are here, and for many families that means traveling out of state — whether to visit family or to simply get away from the cold Illinois winters and spend time on the beach. But if you are divorced and have a child custody agreement, can you continue to travel out-of-state with your children during the holidays? The answer is yes – but only if the other parent agrees.
Out-of-State Travel with Illinois Children
Illinois law requires each parent who is part of a child custody agreement to retain the other parent’s consent before traveling out of Illinois with the children for vacation. Parental consent is not required for in-state travel.
Moving out of Illinois Following Divorce
Order for Removal of Child in Illinois
After your divorce is final, you may find yourself wanting to move out of state. Perhaps you want to be closer to your family, or you have found a new job that will advance your career. Or, you may have remarried and your new spouse needs to relocate for work. The only problem is, you and your ex-spouse have a child custody agreement.
Can you move out of Illinois and take the children with you?
You have two options if you want to move out of state with your child: get the other parent’s permission, or obtain an order for removal from the court.
Parental permission for child to move out of state
Platonic Parenting: The Non-Divorce Divorce
Couples may commonly stay together for the “sake of the kids” rather than get a divorce. In fact, some couples are now choosing to emotionally and financially server a relationship but continue to live together. This type or parenting — platonic parenting — tries to combine what is best for a couple and their children.
Married While Separated
A couple, recognizing that their marital relationship is unsustainable, decide to end their relationship. However, in the interests of the children to be raised by both parents in the same household, the parents continue to live together in the family home. The marital relationship continues in a legal sense, but from an emotional (and often financial) standpoint, the relationship ends. There is no divorce proceeding, no arguing over child custody, and no dealing with child support payments. As far as the children are concerned, life continues as normal.
How to Have a Successful Co-Parenting Relationship
A Florida mother, who violated the terms of a child custody agreement by refusing to turn her four-year-old son over to the father for an agreed upon circumcision, finally consented to having the procedure done at the end of May. During the court proceeding, the judge advised the parents that as they continue to raise their son, disagreements need to be worked out through communication, and not by taking the law into their own hands.
Advice, however, is sometimes easier to give than to take. When a relationship ends because the spouses cannot get along, how are they supposed to work together to raise their children?
Impact of Illinois Adoption on Child Custody and Child Support
Stepparents commonly adopt their stepchildren, and in the vast majority of these cases, the relationship continues for the duration of the parent and child’s life, as it does in any adoption. Yet stepparents, while divorcing their spouse, may attempt to renounce the adopted child as their own in order to get out of paying child support.
Normally, a stepparent does not have a duty to financially support his stepchildren, nor does he have an obligation to pay child support in the event of divorce. However, the act of adoption creates a legal obligation, even though the marriage to the child’s biological parent has ended.
Introducing The Law Office of Nicholas W. Richardson
Nicholas W. Richardson is an experienced divorce lawyer and mediator whose comprehensive legal knowledge, commitment to clients and reputation for results bring lasting solutions to your problems.