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Tag Archives: child custody

Wheaton divorce lawyersDivorce can dredge up a lot of anger and resentment toward your spouse - especially if you are not the one who filed. Yet, as a parent, it is critical that you remember your child is the innocent party, and they need love and support from both their parents to help them cope. Increase your chances of meeting their needs by avoiding the saying the following things to your child during and after the divorce process, and discover how a seasoned divorce lawyer can further decrease the chances that your child will suffer from maladjustment issues down the road. 

Your Mother/Father is a “Deadbeat” (and Other Negative Names)

Children are half of each parent, so when one parent attacks the other, the child may start to think that there is something wrong with them as well. So, regardless of what your ex is doing (or has done in the past) do your best to try and keep your opinions about them to yourself. If you need to talk about your spouse’s behavior or the details of the divorce, turn to family or friends who are on your side or make an appointment with a therapist or with a support group. Just make sure that your child is not within earshot when discussing such issues. 

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interstate child custody issues, DuPage County family law attorneysWhen parents and their children have lived in different states throughout the duration of the marriage, extremely complicated issues arise regarding child custody in a divorce case. In Illinois, the key for handling disputes is jurisdiction—a court’s authority differs when handling divorce matters versus child custody battles. Jurisdiction may be proper over one aspect of the case, but not appropriate for the other. Because of the highly complex nature of the legal issues involved, it is wise to retain an Illinois divorce attorney with experience in interstate child custody issues.

Divorce Jurisdiction

Under the Illinois Marriage and Dissolution of Marriage Act, a court has jurisdiction to enter an order of dissolution of marriage so long as one of the spouses was a resident of the state when filing for divorce. In addition, jurisdiction is proper if one of the spouses was stationed in Illinois as a member of the armed services. The spouse must be a resident or have military presence in the state for at least 90 days prior to initiating divorce proceedings. Once the filing spouse meets the 90 day requirement and submits the petition for divorce, the case will proceed in Illinois regardless of where the other spouse lives.

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DuPage County family law lawyers, parenting planWhen you file for divorce in Illinois and there are minor children involved, parents have 120 days to file a Parenting Plan with the court. If you and your spouse agree on decision-making for the child, living arrangements, and other critical factors, you can file jointly; where there are areas of disagreement, you will have to file separately. Moreover, there are certain requirements you will need to include in the Parenting Plan. Therefore, it is important to discuss these and other essentials required by law with an Illinois parental responsibilities attorney.

Allocation Regarding Decision-Making

You and the child’s other parent must determine how you will handle the important choices involved with raising him or her. In the Parenting Plan, you must allocate decisions involving education, medical care, and other activities that are critical to your child’s development. You should make sure to cover travel, entertainment, extracurricular activities, sports, and aspects of life that impact your child’s regular routine.

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DuPage County parenting responsibilities attorneys, parental responsibilityAt the beginning of the year, Illinois family law made several changes to the way it divides up parenting time, formerly known as visitation, and parenting responsibilities, formerly known as custody. While parenting time is somewhat straightforward—it has to do with when each parent has time with the children—parental responsibility can be a little more tricky.

If you are in the process of a divorce or are trying to figure out a new parenting plan, you should contact knowledgeable child custody attorneys to help you understand all the options you have for sharing or dividing up these responsibilities.

Parenting Responsibilities

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Illinois Custody Relinquishment Prevention Act,  DuPage County DCFS defense attorneysThe Illinois Custody Relinquishment Prevention Act went into effect in 2015 to help curb a problem that many families were facing. The issue was called “custody for care”—families who needed intensive mental health support for their children would feel forced into giving up custody to the Illinois Department of Child and Family Services (DCFS).

The Problem the Act Addresses 

Children with severe mental health issues often need intensive and expensive psychiatric treatment. Yet even with health insurance, many plans do not cover this kind of treatment. Therefore, parents were not able to access this treatment on their own.

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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
Phone(630) 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
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Address58 N. Chicago Street, 7th Floor,
Joliet, IL 60432
Phone(815) 582-4901
Fax(888) 350-9195
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