Posted on December 00, 0000 in Child Custody

Most people experience an influx of stress during the holiday season, but for divorced couples and their children, it can be even more stressful than usual. When you have kids, this time of year is filled with holiday parties, gift exchanges, school plays, recitals, concerts, and holiday celebrations. Divorced families feel the stress when they try to manage all of this out of two households. Traditionally, this time of year is very family-oriented and if you have recently gone through a divorce, or this is the first holiday season as a divorced couple, your kids might be feeling the loss of their family. Here are a few ways you can help your kids cope with the holiday season and enjoy the new family situation:

Remember: It Is Not About You

Even though you want to have a good time during the holiday season too, sometimes sacrifices have to be made. One of the most important sacrifices that you could make for your children is putting your own happiness aside so that they can be happy. If you and your spouse are fighting about who gets the children on Christmas Eve and Christmas Day, give in this year and let them have the kids. Next year, you will get your turn and your children will not have to feel the stress of multiple houses on multiple days.

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 Posted on December 00, 0000 in Child Custody

In the United States, the traditional family unit has been changing more and more with each passing year. Families only comprised of a married mother and father and their biological children are now not the only “acceptable” form of a family. With the legalization of gay marriage in the U.S. in 2015, more families are composed of same-sex couples with adopted children. With divorce becoming more common and more socially acceptable, blended families have also become more common. Sometimes, to complete a blended family, step-parents may want to adopt their spouse’s children. This is called stepparent adoption and it is the most common form of adoption in the U.S.

Special Considerations

Related and unrelated adoptions are very similar in some ways, but also very different. Related adoptions can often be easier to complete than unrelated adoptions, but they do come with their own specific set of factors that should be taken into consideration. These include:

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 Posted on December 00, 0000 in Child Custody

In divorce cases that are less-than-amicable, things can get heated and they usually get heated quickly. While most divorce cases involve children, those cases can often be the most stressful to deal with. Each parent truly wants what is best for their child, but because of the situation, thoughts on what is best for the child may become skewed or muddied with all of the other feelings that the parent may be feeling toward their spouse. In situations like these, the judge or either of the parents is allowed to request a guardian ad litem (GAL) to be a part of any child-related decisions.

What Is a Guardian ad Litem?

In Latin, guardian ad litem literally translates to “guardian for the lawsuit.” In modern-day divorce cases, a guardian ad litem is typically assigned to cases when they are ordered by the judge, but either spouse of the divorce can request a guardian ad litem for their child. The guardian ad litem is a guardian appointed to your specific case and is tasked with the role of protecting the interests of the child.

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 Posted on December 00, 0000 in Child Custody

According to the National Alliance on Mental Illness (NAMI), there are around 44 million people who experience a mental illness in any given year and around 10 million adults live with a chronic mental illness. Mental illness can include a vast variety of diseases, including bipolar disorder, schizophrenia, eating disorders and post-traumatic stress disorder, though the most common mental illnesses in the United States are depression and anxiety disorders. Going through a divorce can affect those with a mental illness more than the average person, emotionally and mentally. While it is not a major and definite factor in deciding parenting time and responsibilities in Illinois, it can play a factor.

Making Decisions Involving Children in a Divorce

According to the Illinois Marriage and Dissolution of Marriage Act, when a judge is making decisions involving children in a divorce, he or she must make those decisions in consideration of the child’s best interests. Many factors are taken into consideration when determining the child’s best interests and some of these factors include:

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 Posted on December 00, 0000 in Child Custody

When you are going through a divorce, it can pretty much turn your life upside down. Though you may experience some stress and anger, there are ways that you can combat that stress and deal with your anger in a healthy way. Unfortunately, this is not what happens in all divorces. In some cases, one parent may have so much hate for the other parent that it overcomes the love that they have for their children. This is when parental alienation usually appears and it can be detrimental to your child’s wellbeing.

What Is Parental Alienation?

Parental alienation occurs when one parent tries to turn the children against the other parent. Most of the time, this happens when one parent is so angry at the other parent that they use deprecating comments, false allegations, and bribery to try to get the child to turn against the parent. Both the mother and the father are equally as likely to be the alienated and alienating parent. Typically, parental alienation occurs in families in which one or both parents have a personality disorder, but parental alienation can happen in any family.

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 Posted on December 00, 0000 in Child Custody

Parenting is a full-time job and it is never really easy. Co-parenting can be even more difficult after a divorce, especially if your divorce was particularly heated and contentious. You may wish that you never have to see or talk to your ex-spouse ever again, but the truth is when you have children, you will never truly be completely separate from your spouse. Your children are the most important aspects of your life and for their sake, you should learn how to co-parent peacefully with your spouse. Here are a few tips you can use to help form a successful co-parenting relationship with your ex: Put Your Emotions on the Backburner Co-parenting is almost never easy. You may feel emotions like anger, disappointment, sadness, rage, and even hatred, but you must try to put these feelings aside and work with your ex, rather than against them. Never allow your feelings to put your kids in the middle of your problems with your ex. You can argue with your ex all you want, just do not do it in front of your child. Work to Communicate Effectively When it comes to successful parenting and co-parenting, communication is key. Though you may not want to communicate with your ex, you will have to in order to co-parent effectively. Try keeping conversations with your ex centered around your children rather than yourselves and try to keep the tone of the conversation formal and business-like. Be Consistent Consistency is key with children. They thrive off of routine and it can even help them to cope with the divorce by not adding more stress and different expectations at each home. Try to keep their schedules as similar as possible at both homes, like having the same bedtime at each home. Make Decisions Together Your child’s well-being is your number one priority. Decisions about your child should be made by both you and your ex -- not just one of you. When it comes to decisions about your child’s education, medical care, and other important life issues, you should always include your spouse in the decision-making process. Hire a DuPage County Child Custody Attorney Today

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 Posted on December 00, 0000 in Child Custody

Even just a decade ago, it was uncommon for fathers to win custody of their children, rather than just having visitation rights. Partial custody was awarded in some cases and full custody was rarely awarded unless the mother was a substance abuser, physically abusive, in jail or somehow otherwise unfit to be a parent. Now, most attorneys, judges and other divorce professionals agree that children do their best when both of their parents play an active role in their children’s lives. Still, fathers may have a more difficult time gaining a majority of or even partial parenting time with their children. Here are a few tips you can use to help you win at a parenting time hearing:

Build a Strong Relationship with Your Child

When judges allocate parenting time, one of their main concerns is what custody situation would be in the child’s best interest. The judge will be examining the relationship that the child has with you and the child’s other parent, so it is important that you ensure your relationship with your child is strong. Keep in touch with your child, even when they are not in your custody. Check in with your child often and make sure that they know you are there for them whenever they need you.

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 Posted on December 00, 0000 in Child Custody

When you are going through the divorce process, there are issues in which you and your soon-to-be ex-spouse may not be able to come to an agreement. Child custody is often one of the most contentious and fought over issues in a divorce. Because of this, some couples are forced to appear before a judge so that he or she can make determinations about parenting time and decision-making responsibilities. In some cases, a judge may need more information in order to make an informed decision in the best interest of the child. This is when the judge will request that a custody evaluation be conducted.

The Evaluation Process

Once the court has requested that an evaluation be completed, an evaluator is hired. The evaluator is often a licensed mental health professional, such as a psychologist. Depending on the circumstances, the evaluation can be focused on the parents, the child or both. The job of the evaluator is to gain an understanding of the relationships and interactions between the parents, the child and any other family members in the household. To do this, the evaluator may:

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 Posted on December 00, 0000 in Guardianship

The idea of leaving your children parentless due to a tragic illness or accident is not a thought on which many like to dwell. However, taking necessary steps now to establish a clear and legal guardianship plan for your children can provide a measure of relief knowing you have prepared for their safekeeping.

What to Do, How to Do It

Preparing for the care of your children in the event of your death can be an easy process if one adheres to established laws and procedures. Ensuring your guardianship plan passes legal muster will prevent others from contesting guardianship, and wresting away custody of your children from those who you want to raise your kids. Before you get started, however, you probably have some questions:

• What exactly is a guardian? A good place to start. Technically speaking, a guardian is the person, agency, or organization ordered the courts to oversee the well-being of another. Most parents, in planning for guardianship of their children, select a loved and trusted family member.

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 Posted on December 00, 0000 in Prenuptial & Postnuptial Agreements

As more and more couples wait longer to enter into marriage for the first time, along with the rising prevalence of remarriage, individuals have more time than ever to accumulate wealth and property on their own. Extensive personal assets, of course, can make a subsequent divorce much more complicated, as it may difficult to differentiate between marital and non-marital property. For just reason, those who have started a business or obtained ownership of a company prior to marriage are encouraged to consider a prenuptial agreement to protect their interests.

Marital vs. Non-Marital Property

While the law in Illinois already provides that property or assets acquired prior to a marriage are not considered marital property, complications can still arise. For example, if your spouse owned a company before you got married, the company itself may not be part of the marital estate, but income generated by your spouse’s efforts after the marriage are usually considered to be marital. Similarly, any marital property invested into the company during your marriage may need to be reimbursed to the estate in the event of divorce, even as the company ownership remains non-marital.

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