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Child Custody Archives

When it is necessary to get custody of a brother or sister

When a person in Illinois decides it is necessary to get custody of a sibling, there may be several obstacles in place. One will be proving to a court that the child is experiencing abuse or neglect and should be removed from the biological parents. Another will be convincing the court that a brother or sister is the best placement for the child. The person must demonstrate an ability to care for the child in a stable environment.

What to know about nesting

Illinois parents of minor children may have heard of a concept called nesting. In this type of an arrangement, divorced parents take turns living in the marital home. This allows the child to stay in a familiar environment while being able to spend time with both parents after they have divorced. In most cases, parents will rent a home or apartment to occupy when they are not living with the child.

Limiting parental contact via calls, texts

Illinois parents who have gone through a divorce and who have primary physical custody may wonder if they can prevent the other parent from contacting their child via text, phone or video call. In general, as long as the other parent has some custodial rights, this is not permitted. If a parent attempts to do so, the noncustodial parent may be able to take legal action.

How do children's wishes affect child custody?

Illinois parents who have gone through a divorce might find that the child involved might want to live with the non-custodial parent. While this is not an issue if the parents negotiate an agreement outside of court and are both comfortable with the move, if there is a custody order, a child's wishes might not be enough to change it.

Planning for a custody battle

Illinois parents who are getting divorced will also have to deal with deciding child custody issues. While for some parents this can be an amicable negotiation with shared custody as a result, for others, the dispute might become more complicated and end up in court. This is particularly true when parents decide they want to go for primary or sole physical custody of their children.

Helping kids cope with divorce

Divorce is never easy for Illinois couples. It may be even more difficult for parents who are ending their marriage. It is critical that parents make sure that their divorce puts a focus on the needs of their children as much as it focuses on their own needs. Most importantly, children need and want to hear that they are cared for and loved.

Understanding the role of a parenting agreement

Most Illinois parents who have young children and who are ending their marriage are able to resolve child custody matters on their own. A parenting agreement may be created through informal talks between the parents themselves or with the assistance of their attorneys. Mediation sessions may also be valuable in helping parents resolve child custody matters without going to court.

Protecting unmarried parents' custody rights

When it comes to deciding who an Illinois child should reside with and how long a child visits a non-custodial parent, the determination is made by the court if the parents are unable to agree. The terms are typically based upon the likelihood of the child being able to thrive better with one parent vs the other.

Relocating after divorce: Child custody considerations

After Illinois parents of young children have divorced and have had child custody and parenting time orders issued, it is not uncommon for one or both of them to meet new partners and to then want to move on with their lives. When a parent's new partner lives elsewhere, the parent may want to relocate in order to be closer. This may cause problems whether the one who wishes to move is the one with primary custody or the one who has visitation rights.

Has the increase of stay-at-home dads impacted fathers' rights during divorce?

The structure of the typical American family has changed since the turn of the century. While stay-at-home dads numbered fewer than one out of every 100 fathers before the year 2000, that number has more than tripled to greater than 2.5 of every 100 fathers living life as a full time dad. The trend toward greater male involvement in the life of children is clear; the impact this involvement will have in child custody cases is anything but clear, however.

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