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Category Archives: Visitation

Wheaton parenting time attorneysThanks to studies and real-life families, shared parenting plans are on the rise. In fact, several states have introduced bills that would make a 50-50 parenting time split the starting point in all divorces - but is this trend appropriate for every family? Consider the following pros and cons of a shared parenting plan, and learn how our seasoned divorce lawyers can help you in deciding whether one may be right for your family. 

What is a Shared Parenting Plan?

Shared parenting plans typically involve a near-equal split of the child’s time. Some families switch off weekly, with one parent having the child for a week and then the other. In other shared parenting plans, the child may switch homes throughout the week, perhaps with one parent taking the beginning of the week (i.e. Sunday through Wednesday) and the other taking the remaining days. The latter plan will typically involve a switch-off, where the child may spend four days with one parent one week, and then three with that same parent on the following week.

The Potential Pros of a Shared Parenting Plan 

At their core, shared parenting plans are designed to ensure the child has ample time with each parent. Studies have shown that this can be highly beneficial for the child’s overall growth and development - and not just during the divorce, but in the years to follow. Families with shared parenting plans also tend to have better communication, overall, because the plan itself requires a great deal of cooperation. Of course, not all parents can communicate in such a way after their divorce, and that can lead to complications down the road. 

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Illinois parenting time attorneysWith more parents speaking out about the benefits of 50-50 shared parenting, and more studies indicating their benefits, the popularity of such plans are increasing. Of course, like most things, there are some challenges to drafting such a parenting plan - especially if you are used to being around your child all of the time or have doubts about the other parent’s ability to handle the child. Discover how to overcome such challenges in your parenting time case, and how our seasoned family law attorneys can assist you with the process. 

Pursue an Amicable Divorce or Separation

Relationships that end in explosion might make for great fiction, but in real life, these endings have real consequences - especially when there are children involved. Studies have shown that it is not necessarily the end of the relationship that negatively influences children. Instead, they say it is the amount of conflict they experience between their parents on a daily basis. That means two very important things:

  • Staying in a toxic relationship is highly unlikely to benefit your child. Instead, it is far more likely to do them harm, and
  • An amicable split to your relationship is far less likely to have a negative impact on your child than a toxic one.

Focus on Your Child’s Needs and Best Interests

Parents are only human, and divorce and break-ups are often painful, which can cause emotions to run high. As a result, the parent may struggle to separate their own feelings about the end of the relationship from what the child truly needs - which is often a healthy, connected relationship with both of their parents. 

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DuPage County parenting time lawyersGoing through a divorce is hard on parents, but it can be especially difficult for children. They are experiencing a range of emotions, and they might not understand how to deal with those emotions effectively. Reading books to your young children can help them to see that they are not alone, and what they are feeling is normal. Books can also show children how to deal with and express complex emotions. The following books would be a great place to start: 

It’s Not Your Fault, Koko Bear, by Vicki Lansky

This sweet story tells of a young bear cub whose parents are getting divorced. Koko Bear goes through a range of emotions, including anger, guilt, sadness, and confusion. The best part of the book is that it offers advice to parents on how to help children with these emotions. 

My Family’s Changing, by Pat Thomas

A sweet little picture book that tells about how divorce affects families. It has a “What About You” section that gives parents a number of questions that parents can ask their children. Ultimately, answering these questions can help the child to better understand and express their feelings. 

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DuPage County child visitation attorney family lawMost experts agree that children thrive when they have positive relationships with both parents, along with extended family on both sides. Unfortunately, life does not always work out that way. In some cases, parents do not agree on which family members should and should not be part of a child’s life. Sometimes, a parent may even have good reason to feel that the other parent is unfit to be around their child. Typically, Illinois law allows for children of divorced parents to continue having parenting time with both parents and meaningful relationships with all of their extended family. However, there are, of course, necessary exceptions. 

What Is Considered Cause for Termination of Visitation?

Custody laws in Illinois state that unless a child’s physical, emotional, mental, and/or moral health is at stake, modifications to a child custody agreement will not be made. Of course, this can be a tough call to make, so when there is a question about the matter of a child’s safety, it will probably require an investigation and a hearing. Significant evidence that the accused party is indeed a danger to the child will have to be produced in order for the court to consider changes.

What Types of Visitation Modifications May Be Made?

Family members in the child’s life who have visitation rights which could be challenged include a parent, grandparent, sibling, or stepparent. In a “normal situation,” all of these relatives would be entitled to regular contact with the child, including in-person visits and electronic or phone contact when the child is not in their physical presence. However, if it can be proven that the child would be in danger during the course of parenting time or visitation with family members, modifications may be made.

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Wheaton parenting time attorneysWhile some divorcing couples fight and argue until the bitter end, more and more parents are striving for an amicable end to their marriage. One might even go say that the decision to “consciously uncouple” has become somewhat of a trend in divorce. There are even “new” parenting time plans being used by well-meaning parents. One such example is the “bird-nesting” arrangement. 

Is this type of parenting time plan a positive one for kids, or is it merely a trend? More importantly, could this type of agreement result in unnecessary harm for children of divorce? The following examines both sides of a bird-nesting divorce, and it explains how you can determine if it may be a suitable parenting time solution for your family. 

What is a Bird-Nesting Divorce?

When most parents divorce, one typically moves out of the house. The other may soon follow, or they may opt to keep the family home. In either case, the children may be shuffled back and forth between the two homes. In the midst of all the changes occurring in their lives, such arrangements can be daunting for children of divorce. It can also amp up the discomfort they feel while trying to adjust to their “new life.” 

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Abraham Lincoln A lawyer’s time and advice are his stock and trade. -Abraham Lincoln
Davi Law Group, LLC handles family law, estate planning and real estate matters for clients in Chicago and throughout the western suburbs including DuPage County, Will County, Kane County, Kendall County and Cook County and the cities of Aurora, Bloomingdale, Bolingbrook, Carol Stream, Darien, Downers Grove, Elmhurst, Geneva, Glen Ellyn, Hinsdale, Joliet, Kendall County, Lisle, Lombard, Naperville, Oak Park, Oak Brook, Oswego, Park Ridge, Roselle, St. Charles, Villa Park, Warrenville, Wheaton, Winfield, Woodridge and Yorkville, Illinois.
Warrenville Office
Address28371 Davis Parkway, Suite 103, Warrenville, IL 60555
Phone(630) 657-5052
Fax(888) 350-9195
Wheaton Office
Address1776 S. Naperville Road, Building A, Suite 105, Wheaton, IL 60189
Phone630-580-6373
Fax(888) 350-9195
Chicago Office
Address321 N. Clark Street, Suite 900, Chicago, IL 60654
Phone(312) 985-5676
Fax(888) 350-9195
Joliet Office
Address58 N. Chicago Street, Suite 102,
Joliet, IL 60432
Phone(815) 582-4901
Fax(888) 350-9195
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