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Recent Blog Posts
When Your Ex Stops Following the Parenting Plan
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.
When Religion and Sharing Custody Collide
Few topics arouse more tension and conflict than religion. Religious beliefs have fomented wars, destroyed countries and displaced countless people across the globe since ancient times. Religion is just one of many child rearing issues divorced parents must handle as part of sharing parenting responsibilities.
Due to the animosity, anger and resentment disagreements that religion tends to produce, Illinois family law provisions specifically address how to divide this responsibility in the hopes of reducing or preventing conflict when this subject arises. Conflict over religion is primarily generated when interfaith couples divorce and fail to clearly articulate and decide each parent's expectations for the child's religious upbringing. Regardless of the source, disagreements over religion and raising a child needs resolution, and Courts will establish guidelines if necessary.
Illinois Fathers at the Bottom of Parenting Time Awards
Studies repeatedly support the fact that continuous engagement with both parents is key to a child's long-term development and wellbeing. Divorced parents in Illinois are expected to divide parenting responsibilities (absent issues of danger or neglect), including childcare duties; however, this mandate does not necessarily translate into equal time for both parents. While a growing number of states at least state a strong preference for, if not outright demand, equal parenting time, Illinois has no such provision and merely says both parents are presumed fit and some amount of parenting time should be allocated to each.
A recent study by Custody X Change that looked at how states divided parenting time between mothers and fathers found that Illinois ranked among the bottom, only surpassed by Mississippi, Oklahoma, and Tennessee. Specifically, Illinois fathers, on average, get 23.1 percent of time with their children. Obviously, this number is low, and does not bode well for fathers who must rely on the Court system to make this decision. Consider the following on how Courts evaluate parenting time questions, as well as strategies to boost a father's chance at receiving more parenting time.
Are Non-Parents Ever Eligible for Custody?
Parents are traditionally, legally and historically associated as the primary caregivers in their child's life. This standard is supported by the fact that society and the law presume parents to be the most fit individuals to provide for their child's needs and to make decisions in their child's best interests. This paradigm works well in the vast majority of families, including those in which child custody is shared following a divorce or separation. However, in a minority of families, one or both parents are unavailable to provide adequate care, usually due to illness, substance abuse, or criminal issues. These children still require care, and if the living situation at home is unsafe or unstable, then alternate arrangements must be found.
The question that routinely arises in these situations is the long-term custody rights of non-parents to care for these children. In the worst case, these children end up — at least temporarily — in foster homes or State shelters. In fact, a recent article about Illinois' handling of children unable to live with their parents reveals hundreds suffered unnecessary weeks and months in State psychiatric facilities, even though cleared for release, because there was nowhere for these children to go. Children should always have the benefit of growing up in a supportive environment.
The Purpose of Child Legal Advocates in Family Law Cases
Divorce, child custody and child support are all emotional and difficult legal issues that separated families face. Parents typically intend to shield their children from the stress and negative emotions of these proceedings; however, sometimes, they leach out anyway. Further, even in the best of situations, the best interests of the child can become lost in the midst of legal battles.
To ensure the child's needs are properly addressed and considered, a Judge has discretion to appoint a child advocate to help him or her better understand the child's situation and the type of arrangement that would best promote the child's healthy development. Attorneys are used for such an appointment and would serve in one of three differing capacities intended to provide a voice to the child's past and current situations.
Enforcing Alimony in Illinois
Former spouses who receive alimony, or maintenance, are often cast by society as greedy and lazy, using this support to avoid becoming employed and self-sufficient. What many people fail to understand is that alimony is rarely a permanent form of financial assistance, and the vast majority of recipients need that money in the short-term to get their lives in order after a divorce. Recipients count on this money as a major part of meeting financial obligations, and suffer huge detriments when it is not paid.
Payors sometimes feel resentful over this obligation, and some choose to sidestep the responsibility by failing to pay the required amount. Alimony awards are legally enforceable, and the party denied rightful payment has the ability to petition a Court to force compliance. Usually, any penalties associated with violations are limited to additional financial outlay; however, in more extreme cases, criminal charges are possible.
The New Frontier in Divorce: Dividing Cryptocurrencies
Looking for points of disagreement in a divorce is not particularly hard to do. Couples facing the end of a marriage often find the avoidance of giving in to volatile emotions that are easily triggered difficult. One area that is especially prone to the dispute is the division of marital assets. The more complex and valuable the property at stake is, the more invested each spouse is in getting the share he or she thinks is appropriate.
Property division is even more important now that federal tax law eliminates deductions for maintenance payments (spousal support), thus giving the higher-earning spouse much less incentive to agree to pay maintenance as part of a divorce settlement or pre-/post- marital agreement. This means the lower earning spouse will have to hope a large property settlement comes his or her way.
Is Annulment Ever a Realistic Option?
Deciding to marry should be a happy time for a couple — a time filled with celebration and joy, not thoughts of possible separation and divorce. A happy marriage inherently requires both parties to enter into the union voluntarily and freely. This dynamic is supported by age requirements that the law places on the ability of a couple to get married — the minimum age being 18 — without parental consent. However, even with this rule, not all marriages last and a significant percentage end their union at some point. Divorce is one option to which most couples instinctively turn when contemplating severing their marriage; however, annulment is an alternative some could consider.
Studies show that the younger a person marries, particularly prior to age 20, the more likely he or she will get divorced. Delaware, in an effort to eliminate the possibility of child marriage, is on the cusp of becoming the first state in the country to ban this possibility by removing any exceptions to the minimum age requirements. When a couple marries at a very young age, a higher risk of the relationship ending results. Thus, could an annulment be an option?
Appellate Court Rules Non-Biological Parent Has Rights
Dividing child custody (legally termed parent responsibilities) is a critical, complicated, and emotional undertaking that challenges even the most cooperative spouses getting divorced. Practically speaking, both parents will have to compromise and cede some amount of authority and autonomy over the child's life in order to facilitate sharing responsibilities with the other parent.
Until a Court order says otherwise, both legally recognized parents (typically, those biologically related to the child) have full rights to make any decision on the child's behalf and to determine the child's physical location, without the other parent's knowledge or permission. Once a Court order is issued, though, this expansive ability to make unilateral decisions stops if parental responsibilities are shared, which is almost always the case.
Addressing Alcohol Abuse in Child Custody and Divorce
Couples decide to divorce for a variety of reasons, though finances and the stresses of parenthood are often at the top of the list. However, one factor that greatly increases the likelihood a marriage will end is alcohol or other forms of substance abuse.
Forming and maintaining intimate relationships with spouses and children when judgment is routinely impaired, and priorities are more often focused on finding the next drink, is almost impossible. This behavior can leave other family members feeling unsupported and neglected. Moreover, these issues can be of particular importance if the addicted spouse is entitled to ask for parenting time in a divorce.
The safety and security of minor children is a general societal concern, and both the Courts and state agencies have a vested interest in protecting children from possible harm due to a parent's alcoholic tendencies. One woman, who was recently arrested in the Chicago area for drunk driving and dubbed “one of the worst DUI offenders in the U.S.,” lost custody of her 11 children due to past behavior and the number of convictions and outstanding warrants on her record. Alcoholism can cause a huge disruption in a person's life, and this does not end when a divorce case is filed.
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.
The Law Office of Nicholas W. Richardson, P.C. serves clients in Illinois cities such as Palatine, Schaumburg, Inverness, Arlington Heights, Rolling Meadows, Glenview, Hoffman Estates, Bartlett, Des Plaines, Elk Grove Village, Mt. Prospect, Niles, Prospect Heights, Skokie, Streamwood, Barrington, Buffalo Grove, Wheeling, and others throughout Cook County, DuPage County, McHenry County, and Kane County.
Results listed are not a guarantee or indication of future case results.
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847.873.6741
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