Tag Archives: Illinois child custody laws

IL custody lawyerIf you moved out of Illinois after a parenting plan was already in place, or your divorce is ongoing and you plan to move as soon as it is finalized, figuring out how to go about visitation can be difficult due to the physical distance between you and your child. If the original parenting plan is no longer applicable because it was created when you were still in Illinois, you may need to take your case back to court to have a new parenting plan created by a judge if the other parent is not in agreement with your wishes. It is not uncommon for custodial parents to deny you time with your child via phone, internet, or even in-person visits, particularly if you live in another state. A Hinsdale custody lawyer will be able to help you create a new parenting plan and take the matter to court to be approved by a judge if necessary.

Electronic Communication

Skype, Facetime, email, texting, phone calls, and other forms of electronic communication such as social media are often part of a parenting plan, even when both parents live in the same state. When a parent lives out of state, communication by phone and computer become even more important. However, custodial parents may attempt to interfere with your communication and even ban or limit the use of your child’s cell phone or computer. Eighty-eight percent of teenagers aged 13 to 17 have access to a cell phone, though that access may include their parent’s cell phone. Younger children have even more limited access to cell phones, and purchasing a smartphone for your child may be a necessary part of a parenting plan for out of state parents. Regardless of how the other parent is alienating you, it can be addressed by an attorney and brought to a judge’s attention.

Travel Expenses

Plane flights are an expense that keeps many parents from seeing their children as much as they would like. When an out of state parent travels to Illinois to visit their child, they have to take time away from work, purchase a plane ticket, pay for a hotel, and spend additional money on a rental car or other means of in-town transportation. It may make more sense to have your child visit you in addition to visiting them. And, in many circumstances, the custodial parent can be held partially responsible for purchasing the child’s plane ticket. A judge may decide that travel costs should be split evenly by you and the other parent, even if the child is visiting you alone.

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Illinois divorce lawyerDuring a divorce, it is not uncommon for one parent to try to make the other parent look bad so that they do not receive any child custody. A parent may state that the other parent is violent, drinks too much, or uses illegal drugs. If you could relate to this situation, you may be asking yourself whether drug tests are legal in family court. Let’s take a closer look at the answer to this question.

Drug Testing Requested By the Judge

In the event a judge believes you or your soon to be ex have used or are using illegal drugs, they may order a drug test. The other parent’s actions in the courtroom or allegations in court documents may lead the judge to have this type of request.

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Illinois custody lawyer, Illinois family attorneyThe adage that it “takes a village to raise a child” is making a comeback with limitations. Children learn an enormous amount of information and behaviors from their parents and guardians, but as they grow, children begin to watch the world around them. The truth is, to become well-rounded and functioning adults, children need guidance from positive adult role models around them. Naturally, the group of most trusted individuals remains within the family. When a couple is married or in a domestic partnership, the children involved often have two family trees. Deep-rooted bonds form, occasionally stronger than even that of the parent-child bond. If the marriage comes to an end resulting in a divorce those ties do not break, nor are they forgotten. However, all-too-often the divorce and child custody battles raise the question of the rights of the other family members for visitation of the child.

The Situation Example

In many single family homes, a marriage dissolution comes about due to irreconcilable differences, basically meaning that there is something detrimental that exists within the union that is irreparable. Most cases result in some agreement either handed down by a judge or determined between two agreeing parties. Consider, however, the situation in which one party is volatile, and the family runs from the home in the dark of the night to avoid negative repercussions. Often restraining orders begin for the safety of the lives involved. If due to the circumstances, a judge determines the parent in which the injunction is against should not have visitation rights to their child, the primary link to that side of the family may be lost. Grandparents and other family members often worry that they may lose legal rights to see the children.

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