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Tag Archives: DuPage County parenting time attorneys

Illinois parenting plan lawyersWhen parents file for divorce, they are required to complete a parenting plan that outlines their wishes on parenting time and the allocation of parental responsibilities. Of course, since every family is unique, each parenting plan is (and should be) different. However, these variances in needs, desires, and circumstances can make what sounds like a straightforward process rather complicated. Learn how to make the most of your parenting plan by adopting some creative parenting plan solutions that may address your family’s unique needs.

Consider Your Child’s Age

Perhaps one of the biggest mistakes that parents make when designing their parenting plan is not taking their child’s age, activities, or personality into account – yet these factors can greatly influence their specific needs. For example, it might make sense for an infant who has spent most of their life with a stay-at-home parent to have more parenting time with that individual. However, child mental health professionals typically recommend more frequent transitions for extremely young children, as they need a great deal of time with both parents to ensure proper bonding. Depending on your situation, a two day stay with one parent, a two day stay with the other parent, and three days back with the first may be appropriate until the child is a bit older. At that point, the family may want to consider going to a 2-2-5 parenting arrangement.

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DuPage County parenting time attorneys, parenting timeIf you are thinking about a divorce, you may be wondering how much time you will be able to spend with your child. In Illinois, this is referred to as “parenting time.” How much time you will have with your child is extremely fact specific, though there are some general guidelines that the court will take into account.

For a more specific analysis that takes into account your specific circumstances, you should contact a knowledgeable parenting time attorney.

Best Interest of the Child

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shared parenting time, DuPage County parenting time attorneysGoing through a divorce can be incredibly difficult for all parties involved. However, a divorce takes a special toll on the children of a failing marriage. Custody battles can get nasty, but in the end the judge is supposed to make decisions that are the best interest of the children. More and more frequently, judges are finding that shared parenting time is what is best for the children involved.

Previous Trend

In the past, split custody between parents was common. Children would live with one parent while the noncustodial parent would have “visitation” and spend a much smaller amount of time with the children. Experts and judges believed that it was better for the children to have a stable home and see the noncustodial parent occasionally. Yet this would often turn into a situation that was colloquially called “Disney Dad”—when the noncustodial parent had a relationship with his children that centered on fun activities instead of a typical parent/child relationship that included both fun times and serious times, stressful times, and other aspects of everyday life. Now, courts and experts are moving in a different direction.

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Illinois Court Grants Rights to “Psychological Parent”At the beginning of 2016, Illinois family law went through some major changes. These new laws included provisions regarding who the child lives with, now called parenting time, and laws dealing with who has the responsibility for making important decisions about the child’s life, termed “parental responsibility.” Now, as a consequence of the changes to the Illinois Marriage and Dissolution of Marriage Act, an Illinois court has recognized a “psychological” parent and given her significant parenting time and parenting responsibilities.

What is a “Psychological Parent”?

A “psychological parent” is a term used in legal proceedings to indicate someone who has taken on the role of the parent but otherwise has no biological or legal connection to the child. For example, if someone has lived with, fed, taken a child to school, and performed other parenting type tasks consistently over a period of time (and was not paid by the biological parent to perform these tasks, such as a nanny), he or she may argue that they are a psychological parent to the child and therefore deserves some rights.

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DuPage County parenting time attorneys, visitation interferenceAs of January 1, 2016, Illinois made many major changes to its family law code. One of these changes was to move away from the concepts of custody and visitation and to move towards division of decision making responsibility and parenting time. While the change seems more semantic than anything else thus far, the new language does indicate changing values in family law.

“Parenting time” acknowledges that relationships with both parents are important to children and while one parent may have more time with the child, the child deserves the right to spend meaningful time with the other parent as well.

After the divorce and after parenting time has been apportioned by the court, there still may be issues that arise. An unfortunately common issue is that one parent may not want the other parent to see the children and will deny the opportunity for the court ordered parenting time that he or she, and the children, deserve. If your ex spouse is denying you visitation time with your children, there are steps that you can take to preserve this time and enforce your rights.

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Abraham Lincoln A lawyer’s time and advice are his stock and trade. -Abraham Lincoln
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
Joliet Office
Address58 N. Chicago Street
7th Floor
Joliet, IL 60432
Phone(815) 582-4901
Fax(888) 350-9195
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
Joliet Office
Address58 N. Chicago Street, 7th Floor,
Joliet, IL 60432
Phone(815) 582-4901
Fax(888) 350-9195
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