If you are going through a divorce with children involved, you will also have to go through child custody proceedings. Child custody, which is known as the “allocation of parental responsibilities” in Illinois, is one of the most emotional and hotly contested aspects of any divorce, since there is a lot on the line. In order to give your case the best chance of success in court, you should be sure to know what to do and what not to do. If you are currently going through a custody battle, make sure you avoid making any of the following mistakes that could sabotage your case:
1. Try to Alienate Your Children From the Other Parent
During a divorce, one parent may try to influence the other parent’s relationship with the couple’s children. He or she may not allow the child to call the other parent during visits, or he or she may speak badly about the other parent to the child. While this type of behavior is common in divorce cases, the courts do not view it favorably. A judge will typically view alienation as damaging to the child, and he or she may choose to restrict the parental responsibilities or parenting time of a parent who engages in parental alienation.
2. Yell at Your Spouse or Children
People sometimes “play dirty” during divorce proceedings, and your ex-spouse may go so far as to record your conversations. If you yell at or belittle your ex-spouse or child in any way, this can have a very damaging impact on your child custody case. While recordings made without your permission are not admissible in court, the mere existence of a record of your behavior can be damaging to your case. The only way to make certain that this type of behavior will not affect your relationship with your children is to never yell at your spouse or children or become violent in any way....
Hollywood is accustomed to ugly divorces. In 2018, Jersey Shore actor Jenni “JWoww” Farley filed for divorce from her husband, Roger Matthews, and now Matthews is contesting the validity of the couple’s prenuptial agreement. While the concerns of reality TV stars do not apply to most of us, any couple can have a prenuptial agreement. If you are going through a divorce, and you have a prenup, you will want to be sure to understand how Illinois law will apply to your case, including whether your prenuptial agreement can be contested.
Prenuptial Agreement Laws in Illinois
The Illinois Uniform Premarital Agreement Act governs all prenuptial agreements filed in the state of Illinois. This law states that to be enforceable, both parties must agree to the prenup and sign it. The agreement will go into effect on the couple’s wedding day.
The Illinois statute includes some provisions on what is unlawful to include in a prenuptial agreement. These include any terms that violate public policy or criminal statutes. Spouses are also not allowed to waive the right to receive child support or agree that a parent will not be required to pay his or her child support obligations....
Advancements in technology have changed the landscape of life for most people around the world, and the dynamics of marriage have certainly been altered due to the communication and information storage opportunities couples can use to share their lives. While this sharing is wonderful when a relationship is intact, sharing creates very real and significant detriments, if divorce is pursued.
Couples routinely share passwords, accounts, link devices and use smart technology throughout their homes to coordinate their lives in a more integrated way. In fact, the integration of technology in most marriages is so complete, if divorce does come, many are taken unaware when the other spouse uses this access against him or her.
People, understandably, tend to associate cybersecurity concerns with outside companies or government agencies, not families, and certainly not a spouse; however, depending on how acrimonious or accepting a spouse is of the situation, a pending divorce will move some to take drastic measures to gain the upper hand....
Trusting an ex-spouse to follow the terms of a parenting plan is one of the harder aspects of shared child custody. While most parents truly make an effort to abide by the provisions in good faith, others take advantage of the requisite trust to abuse their authority and take impermissible acts, such as taking extra parenting time or making educational decisions without consulting the other parent.
Parents should primarily seek to work out disagreements between each other, both for a quicker resolution and for the child’s sake; however, a parent willing to take unilateral action solely for his or her own benefit, and often to the detriment of the other parent, should not be allowed to proceed without comment and consequences. The more a parent is allowed to disregard the terms of a parenting plan, the more likely the other parent’s rights will be eroded over time and the parent/child relationship damaged.
One example of the lengths a parent must sometimes go to stop abuse of parental authority by another parent is illustrated in the recent story of a Bloomington mother who will soon be reunited with her son after eight months. An arrest warrant was issued for the father after he failed to appear in Court five consecutive times to justify his removal of the boy to Boston and his refusal to return....
Divorce is unavoidably difficult for people, both inside and outside of a couple's core family. However, children almost universally suffer a negative impact from divorce. Having a sibling to commiserate with and draw support from can help to mitigate the damaging effects. Still, this system of shared support can only work if siblings live together, or at the very least, visit regularly.
Splitting up siblings in a divorce is rarely the best or desired option for the children involved. However, for practical or legal reasons, sibling separation may still occur. Large families, blended families with half-siblings, and children with significant age differences are all examples of circumstances in which the children may be split between each parent. The best interests of the child are always at the forefront of child-related family law cases, and Illinois specifically wants to enable separated siblings to maintain regular contact.
Sibling relationships are special and important to each child's emotional and psychological development. To support these relationships, Illinois authorizes Courts to order visitation if a parent is preventing contact. Consider the following information with regard to when and how visitation will be granted by an Illinois Court....