parental responsibilities, Inverness family law lawyer, coparenting, parenting time, child custody issuesDividing parental responsibilities is always a tricky proposition, as each parent is likely to believe he or she is best equipped to provide for his or her child’s physical needs and emotional support system. However, the reality in most homes is one parent is typically more involved in a child’s day-to-day needs and scheduling requirements.

When this factor aligned with the model used to allocate parenting time, a Court is more likely to give the bulk of the responsibilities to the parent who is more involved. This allows continuity for the child to be maintained. However, the situation often leaves the other parent feeling as though he or she has no real opportunity to have equal time with the child, or an ability to make a significant contribution to the child’s life.

Further, fathers are typically more affected by this tendency, which serves to reinforce the stereotype that single fathers have little desire to engage with their children on a meaningful basis. A Bill is currently under consideration in the Illinois legislature that would change the child custody model used by Courts so that both parents would start from the presumption of having equal time with their child.

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allocating parental responsibilities, Hoffman Estates family law attorney, parental rights, temporary custody order, emergency temporary custody orderTaking care of a child’s needs during the divorce process is challenging and not always easy to ascertain. If the parents are experiencing a high amount of conflict, this can compound and complicate how a parent should approach protecting his or her child from negative consequences. Depending on the source of the conflict, requesting a Court implement a temporary order allocating parental responsibilities (how Courts now refer to child custody matters) may be necessary to protect the child’s wellbeing. In addition, emergency motions governing parental access and/or authority over the child may also be filed if there is an immediate threat to the child’s health or safety.

While not uncommon, requests for temporary custody arrangements are not a standard practice in divorce cases, and Courts will expect to see some basis for such a request, and ideally, some agreement on the terms. Actress Jennifer Hudson is currently battling over custody of her son, and recently agreed to give her ex-fiancé temporary custody due to her work-related travel schedule that left the father as the primary caretaker, in spite of a previous protective order for physical and emotional abuse.

Consider the following information regarding how Courts evaluate requests for temporary custody, and how these orders can influence the terms of the final child custody.

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parenting responsibilities, Schaumburg divorce attorney, child custody, split parenting time, equal parenting timeHaving an active and important role in a child’s life is the principal goal and priority of parents. However, maintaining this level of involvement can become tricky after divorce when child custody, or, as custody is now called, parental responsibility, determines when and how much time each parent has with the child. Children generally have less negative long-term effects from a divorce if both parents remain a continuing and supportive aspect of their lives.

A group of fathers in Illinois think the current laws on child custody often leave them with a much smaller opportunity to see and engage with their child on a regular basis when a Judge decides this issue. In hopes of changing this perceived paradigm, the Illinois Fathers for Equality is currently pushing for the passage of a law that would favor splitting responsibilities between parents 50/50.

Proposed Revisions to Child Custody Law

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visitation, child custody rights, Inverness family law attorney, non-parent custody, non-parent visitationProtecting a child from the harshness that life sometimes brings is a primary goal for parents, which requires exercising control over the things and people a child experiences. Parents are granted a lot of leeway in determining who has access to their child as individuals who legally and naturally hold child custody rights. This deference is based upon the presumption that parents are best suited to decide whether exposure to specific individuals is detrimental to their child. In practice, this means relatives and other significant adults may be blocked from communicating and/or seeing a child. Moreover, in most circumstances, Courts will not question this decision absent certain specific facts.

A parent’s decision to block or limit the access of another person often has much to do with the relationship the two persons share, as well as the parenting style used to raise the child. The question of whether a non-parent has the right to ask for visitation or custody rights depends on whether he or she has standing — a legal concept related to a party’s ability to ask a Court to settle a dispute.

Illinois law permits some non-parents to petition for custody or visitation if the natural parents are divorced or otherwise share parental responsibilities. These cases tend to be contentious because attempts to assert rights normally reserved for parents are frequently viewed as over-stepping well-established bounds, and put a parent in the role of having to defend his or her child rearing decisions.

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Posted on in Child Custody

Barrington family law attorney, child custody, parenting plans, domestic violence, domestic abuse victimsEvery parent takes precautions to protect their children from exposure to violence, including depictions in the media and, more importantly, in real life interactions. Continued contact with incidents of violence is almost guaranteed to leave a negative and long-lasting impact on the child.

Typically, the consistent presence of violence in a child's life comes from domestic violence issues in the home. One method used by the state to curtail the perpetuation of violence is to take serious account of domestic violence issues in the allocation of parental responsibilities (often referred to as child custody).

According to statistics gathered by the Illinois Coalition Against Domestic Violence, the number of domestic abuse victims helped by the organization in 2016 was 41,916. Disturbingly, 8,124 children witnessed some of this abuse.

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