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March 2013 Archives

Removal: issues to consider in a divorce when you want to move out of state with your children

If you are divorced, and are considering moving to another state with your children, think twice. Illinois law prohibits the removal of children to another state without court permission. As the courts make their determination, the best interest of the child will always be the main factor. However, best interest is based on several other factors. Therefore, if the custodial parent wishes to leave the state and bring the child, he or she is subject to the decision of a judge on the matter. Failure to comply with Illinois code (750 ILCS 5/609) (from Ch. 40, par. 609) may result in the forfeiting of custodial rights. For further clarification on what is considered by the courts as they make their determination on removal proceedings, please see the following.

Study finds the kids are okay after divorce

Divorce and children aren't two words that seem to fit well together. Many parents thinking about getting divorced worry about the impact it will have on their children. A new study may make these parents breathe a little easier after finding that a majority of children do not suffer harmful effects after their parents get divorced.

Types of Child Custody: Part 3

Two of the most important terms for divorcing parents to familiarize themselves with are "sole custody" and "joint custody." An innumerable amount of factors play a part in the determination of which parent will be awarded custody, if not both parents. However, regarding child support rulings, the ultimate determining factor is based on the best interest of the child. As the courts see fit, either joint custody will be awarded to both parents, or sole custody will be awarded to one parent. Every family dynamic is different, and while joint custody may be the most effective plan for one family, it may be completely toxic for another. The following description includes the differences between joint and sole custody, and may help you and your partner determine which parenting plan may be best for you.

Study: children of divorce more likely to smoke

Divorced parents often worry about how their separation has impacted their children. Divorced parents may want to discuss the negative health effects of smoking with their children according to a new study's finding about the implications divorce has on a child's risk of smoking in the future.

Types of Child Custody: Part 2

As a couple divorces, there are many options to be considered regarding formulating a co-parenting plan. As we discussed in Part 1 of this 3-part Child Custody blog series, parents can be awarded temporary, permanent, or even de facto custody. Part 2 of the series will discuss the difference between legal and physical custody.

Don't commit these common financial mistakes during divorce

Getting a divorce will impact your finances. Unfortunately, many couples going through divorce don't focus enough on the financial implications of divorce and find themselves in financial trouble in the future.

Types of Child Custody: Part 1

In going through a divorce, a couple's primary concern is oftentimes-if there are children involved-who gets custody of the children. Unfortunately, like every other considerable factor within a divorce, "child custody" is not a cut and dry issue. Not only are there many factors to consider in determining custody, but there are also many types of custody to be understood. Your divorce and child custody attorney should be a valuable resource as your rights to custody are determined. The following is a Part 1 of a 3 part list of terms describing the many different types of custody parents can have:

Collaborative Divorce: 3 Advantages

For some couples going through a divorce, the collaborative law process may be the most effective option. Collaborative divorce is a process involving both spouses their respective attorneys, and a team of several other specialists all working towards the same goal-to produce the most desirable outcome for both divorcing parties. Other specialists include divorce coaches, financial consultants, and child specialists. In opting for the collaborative divorce, there are several advantages to doing so:

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