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Can I Change My Child Custody Order After Divorce in Illinois?
In an Illinois divorce, the allocation of parental responsibilities and parenting time is detailed in a “parenting plan” or parenting agreement. Some divorcing couples are able to negotiate an out-of-court agreement, while others are subject to the child custody order handed down by the court. However, life is full of unexpected changes, and there may come a time when a parent needs to modify or update their custody order. If you need to modify your child custody order, make sure you understand how and when custody orders may be changed under Illinois law.
Changing the Allocation of Parenting Time and Parental Responsibilities
Change can be really hard on children. Consequently, Illinois courts generally limit child custody modifications unless they are necessary to promote the child’s best interests or a certain amount of time has passed since the custody agreement was established or last modified. If it has been less than two years since the last custody order, modifications to parental decision-making responsibilities are usually only possible for the purposes of protecting a child from endangerment. Parenting time can be modified sooner in response to a substantial change in circumstances or upon the parents’ agreement.
Exploring the Pros and Cons of Private Adoption and Agency Adoption in Illinois
Adopting a child is a massive undertaking emotionally, financially, and legally. There are multiple legal avenues through which you can adopt a child in Illinois. Two of the main paths to adoption are private or independent adoption and adoption through an adoption agency. If you are thinking about adoption, it is important to consider the advantages and disadvantages of each of these choices.
What is an Agency Adoption?
An adoption agency is an intermediary that facilitates adoptions. The agency helps match prospective adoptive parents with children who need a loving home. The agency also evaluates adoptive parents through interviews and home studies to ensure that the parents can provide the safe, loving home the child deserves. The facility also assists with paperwork and provides guidance throughout the adoption process.
What is an Independent Adoption?
An independent adoption does not involve an adoption agency. The birth mother and the adoptive parents work out an agreement on their own, without help from an intermediary. Private or independent adoptions are subject to certain rules and restrictions in Illinois. For example, an adopting parent must get permission from the court to pay for the birth mother’s medical expenses and other costs. You will also be required to complete a home study to proceed with a private adoption in Illinois. The birth mother has 72 hours after the child’s birth to change her mind and revoke consent to the adoption.
Appraising Hard-to-Value Property in Preparation for an Illinois Divorce
Officially ending a marriage through divorce is much more than simply breaking up a relationship. Numerous financial and legal issues will need to be addressed including the division of marital debts and assets. However, before a couple can reach a property division agreement, they must first take stock of their marital and non-marital property. In many divorce cases, correctly valuing these assets in preparation for division is one of the most challenging aspects of the divorce.
Determining the Value of Complex Assets
Per Illinois law, spouses are entitled to an equitable share of the marital estate. The marital estate contains property that was accumulated during the marriage with some notable exceptions such as property obtained through gift or inheritance. Whether spouses are able to reach an out-of-court settlement or the case goes to litigation, property must be properly valued before it can be divided. Some assets that are often especially difficult to value include:
How to Establish Paternity in Illinois
Under Illinois law, if the biological parents of a child are not married (or in a legal civil union) at the time of their child’s birth, the biological father is not automatically considered to be the legal father, regardless of whether the parents live in the same home or if they plan to get married. Until paternity is established, the father will not have any parental rights or grounds to pursue custody. Fortunately, there are a few different ways for a man to become legally recognized as a child’s father.
Legal Presumption of Paternity
The legal relationship between a father and his child is known as “paternity.” When the mother of a child is married or in a civil union with a man at the time of the child’s birth, or within 300 days of the child’s birth, the law presumes that man to be the child’s father. This means that the man is recognized as having parental rights, and that he can petition for parenting time and parental responsibilities if he is no longer married to the child’s mother.
What Should I Include in My Illinois Parenting Plan?
A divorce is never a walk in the park. However, if you and your spouse have children, it can make the ordeal even more complex. In Illinois, you are required to create a parenting plan that describes how you and the other parent will take care of your kids after your divorce is finalized. Including the right elements is critical to promoting your children’s well-being, and it can also help you maintain a positive co-parenting relationship with your former spouse.
Elements You Must Include in Your Parenting Plan
According to Illinois law, there are certain elements that should be included in your parenting plan, including:
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Where the child will live and each parent’s parenting time
How Pets Are Handled in an Illinois Divorce
Many people nowadays consider their pets an important part of their family. Dogs and cats provide companionship and can reduce your anxiety and depression. If you and your spouse have recently filed for divorce, you may wonder who will get the family pet. Your furry family member likely means the world to you, and imagining your life without it may be difficult. In Illinois, pets were once considered marital property in a divorce. However, as of 2018, pets are looked at somewhat similarly to children during divorce proceedings.
Factors Judges Consider When Determining Custody of Pets
Before 2018, pets would be given to one spouse in a divorce based on what was fair and equitable. These days, however, a family court judge will assign custody based in part on the animal’s well-being. A judge may look at many different factors before coming to a decision, such as each spouse’s relationship with the pet and contributions to its care. If one spouse, for example, spends more time with the pet and has paid for the majority of the food, vet and grooming bills, the judge may grant custody to that spouse. Your testimony and evidence of expenditures and care for the pet may help to strengthen your case.
How Much Spousal Support Will I Have to Pay If I Get Divorced in Illinois?
A divorce is a long process and may involve several complexities, including alimony. If you have been the primary breadwinner in your marriage, a judge may order you to pay your former spouse alimony if you get a divorce. Also known as spousal support or maintenance, alimony is typically paid on a monthly basis and intended to support an ex-spouse financially after a marriage has ended.
How Spousal Support Is Calculated in Illinois
In Illinois, spousal support is only part of a divorce resolution if the spouses agree to it, or if the court determines that it is warranted based on each spouse’s situation. Factors that the court will consider include each spouse’s needs, income and assets, and earning capacity now and in the future. If the court decides to order spousal support, there is a standard calculation that is typically used to determine the amount.
Preparing to Become a Stepparent in Illinois
In the years after a divorce, finding a new partner and planning to remarry can be a major bright spot in your life. If your partner has children, you can also look forward to becoming a stepparent, an experience that can be both challenging and rewarding. You may be intimidated by the prospect of bonding with your partner’s kids, but there are things you can do to help these new relationships develop in a positive direction.
Getting to Know Your Future Stepchildren
If you know that your relationship is serious and could lead to marriage, it is a good idea to start getting to know your partner’s kids. It is normal for children to be skeptical or even resentful of a parent’s new love interest, but spending short periods of time with them can help them grow more comfortable with you and the role you will play in their lives. Make an effort to take genuine interest in the things that are important to your future stepchildren, and find common interests that you can bond over.
What Can Parents of Adult Children Expect in an Illinois Divorce?
Over the last several weeks, we have discussed the common issues that parents of minor children are likely to encounter when getting divorced, focusing on the differing effects on different age groups, including infants and toddlers, elementary-aged children, and teenagers. Adult children, meaning those at least 18 years old, can also be impacted by their parents’ divorce. While you may not need to address matters like child support and parenting time for your adult children, you should still consider how the process and outcome will affect them.
What Can Parents of Teenagers Expect in an Illinois Divorce?
In recent weeks, we have looked at some of the common challenges that arise for parents of infants and toddlers and elementary-aged children during the divorce process. This week, we continue with helpful information for parents of teenagers. Parenting teenage children can be challenging even under the best circumstances, and it can be especially difficult to help them cope with your divorce. It is important to make an effort to understand their needs and to address them through your child support order and the allocation of parental responsibilities.
The Effects of Divorce on Teenagers
Teenagers are likely to cope with divorce very differently when compared to younger age groups. On the one hand, their advanced maturity level may help them better understand the reasons for your divorce, and you may be able to have more meaningful conversations with them about the process. However, you should still try to keep the parent-child relationship in mind and avoid treating your child like a friend or confidant, especially when it comes to complaining about their other parent.
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