Tag Archives: Hinsdale child custody attorney

IL divorce lawyerAs a noncustodial parent, you, unfortunately, do not have much say, or any legal say at all, about your child’s education, day to day activities, healthcare, or living arrangement. The custodial parent with sole legal custody has legal authority to make all of these decisions without the noncustodial parent’s input. As such, many noncustodial parents feel hopeless when they hear that the other parent wants to move out of the county or state, or country, with their child in tow.

The Custodial Parent Must Petition the Court for Permission to Move

Child relocation must be authorized by an Illinois judge before the custodial parent is allowed to move out of the county, state, or country. Even if the other parent has no custodial rights, the parent wishing to move must go to court to get permission before they move with their child. Without doing so, they could be charged with parental kidnapping and lose their custodial rights altogether.

What Is in the Child’s Best Interests?

Children raised by single mothers are more likely than children raised by both parents to:

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IL family lawyerCourt-ordered visitation time is just that—court-ordered. As such, a custodial parent is violating the law by denying you visitation with your child, or by reducing the time that you spend with your child by dropping them off late or insisting that you have them home earlier than the parenting plan mandates. This interference damages the bond between non-custodial parents and their children, creates conflict between the parents that the child will inevitably pick up on and blame themselves for causing, and is a common tactic to “get back” at the non-custodial parent for grievances of the past. According to Illinois statute 720 ILCS 5/10-5.5, a parent who is found guilty of unlawful visitation or parenting time interference has committed a petty offense. The third offense is a Class A misdemeanor. The non-custodial parent has the option of filing a petition for unlawful visitation interference.

Other Types of Interference with Visitation and Custody

  • Custodial parent agrees to drop the child off for visitation and they bring the child late;
  • The custodial parent insists on picking the child up early, before visitation time has expired;
  • Custodial parent does not make the child present, or does not have them ready to go, at the agreed upon time and location for the non-custodial parent to pick the child up for visitation;
  • The custodial parent makes excuses to alter the days of visitation, to reduce the hours or days of visitation, or threatens to disallow the non-custodial parent access to their child if they do not agree to the custodial parent’s terms;
  • The custodial parent insists on tagging along or acting like a supervisor during visitation time activities when the non-custodial parent does not want them to participate in visitation;
  • Denying the child to talk on the phone or via email with the non-custodial parent; and
  • Asking the child to report on the non-custodial parent in order to petition the court to reduce their visitation rights.

Remedies to Interference

If the court agrees with your argument:

  • You may be awarded extra visitation time to make up what you lost;
  • The court may permanently change the custody agreement to give you shared or full custody, assuming you meet the definition of statute 50 ILCS 5/600 for “caretaking functions;” and/or
  • The other parent may be fined or even given a jail sentence.

Interference Needs to Be Habitual in Order for the Court to Take Action

If the interference is a one-time thing or happens just occasionally, you may not have a solid case to petition the court to change the custody agreement or getting back your lost time. The interference must be habitual.

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Hinsdale IL parenting time attorneyDespite parents’ best efforts, children of divorce often feel a significant amount of stress during and immediately after the divorce process. Typically, when two parents divorce, one parent is the “main” caregiver that the child resides with the majority of the time and the other parent is granted specific parenting time, though this can be problematic for the child. In an effort to make this life transition easier for children, something called a “nesting” arrangement has been becoming more popular for families of divorce.

What Is a Nesting Arrangement?

In a nesting arrangement, both parents move out of the family home into separate living spaces. The children remain in the family home, and each parent comes and goes according to the parenting time schedule. Some parents share the separate living space as neither will be there at the same time, and some parents get different living spaces altogether.

Benefits and Drawbacks of Nesting Arrangements

There are many things to consider when making the decision to partake in this arrangement, which some may regard as unconventional. Here are pros and cons of nesting arrangements:

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IL divorce lawyerAfter a divorce, it is common for an individual to go back to their maiden name or take the last name of the person they are remarrying. In Illinois, anyone who has undergone a divorce has the freedom to change their name whenever they would like.

When it comes to changing the last names of children, however, the law is a tad more complex. Following a divorce, a judge will take a child’s best interests into consideration when deciding whether to approve a last name change. Under Illinois law, a judge is required to ask the following questions when a parent would like to change their child’s last name:

  • Does the child’s other parent approve of the last name change?
  • Is the child okay with changing their last name?
  • What type of relationship does the child have with their other parent and family members? For example, does the child have a poor relationship with the father whose last name they currently have?

Why Change a Child’s Name

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 IL divorce lawyerCo-parenting with a narcissist is a real challenge. If you have children with a narcissist you divorced, know that there are ways you can make co-parenting a bit easier. Here are some tips that can help you put your child’s needs first and make the best of this difficult situation.

Have Realistic Expectations

It’s essential to accept the fact that narcissists rarely change. Therefore, you should not expect your co-parent to suddenly become empathetic or be content with not having emotional control. By having realistic expectations, you won’t be as disappointed when your ex-spouse creates drama and stress.

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