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Wheaton divorce attorney parenting time

If you are a parent who is divorced or legally separated, you are likely familiar with the court-approved parental responsibilities you and your ex may have spent hours trying to resolve. A parenting plan is a legal document that outlines child-related issues such as with whom your child will live, who has decision-making authority regarding issues such as children's education and medical care, and more. Unfortunately, your child may not be too happy about the decisions made during your divorce, and they may state that they do not wish to spend parenting time (visitation) with your ex-spouse. However, even if your child is reluctant to spend time with his or her other parent, you will be required to follow the parenting time schedule set down in the parenting plan, and you may face penalties for failing to fulfill the court's orders.

The Reasons Behind the Refusal

Understanding why your child does not want to visit the other parent is the first step in addressing the issue. During this time, it is important to keep these tips in mind:

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DuPage County family law attorneyIf you are a divorced or unmarried parent whose child spends time with your former partner, you undoubtedly have concerns that they are being well-cared for and protected. This is hard enough when there is no rational reason to suspect a problem. When your child’s other parent is battling issues with alcohol use, however, the stakes get very high, very quickly. While you may not be able to control the other parent’s behavior, parenting style, or lifestyle choices, there are ways that you can ensure that your child is protected.

Determine the Scope of the Problem

The first thing you will need to do is determine how serious the other parent’s problem is or could be. One good way of estimating this is by considering how you learned about the possible issue. Was alcohol a problem for him or her during your relationship? If so, was it simply a need to drink or was it a binge-drinking problem? If you have heard rumors from friends or have seen on social media that the other parent is out partying from time to time, you will need to look deeper. If, on the other hand, your child tells you that the other parent had too much to drink and passed out on the sofa while your child was still awake—and it happens regularly—you need to take action. Reports of drinking and driving with your child in the car must also be taken very seriously.

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child custodyA recent survey revealed that more and more Americans are not waiting to get married before they begin to have children. This trend is especially growing among college educated adults. But having a child out-of-wedlock may raise several legal issues that could need to be addressed.

Out of 9,000 adults between the ages of 26 to 31 years of age, more than 50 percent of the women were mothers. Of that number, 64 percent had at least one child out-of-wedlock, and almost half had all of their children out-of-wedlock. The statistics for men in the group were very similar to the women.

Unmarried parents who have children together may find themselves facing several family law issues that they did not anticipate, including paternity, child custody and support. In this state, Illinois Parentage Act of 1984 established the rules for children born to unwed parents.

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Posted on in Divorce

sibling visitation rights, grandparents rights, lawyer, attorney, family law, divorceExperiencing a divorce can be difficult for all family members, but particularly children. In Illinois, the state gives the same visitation rights to siblings as is usually granted to grandparents in the event of a divorce. This is particularly helpful in cases where parents split custody of multiple children, or in cases where a second marriage with stepchildren is ending.

 According to Illinois state law, siblings of a minor child at least a year old may petition the court for visitation in cases where there has been an unreasonable denial of visitation. The state considers a sibling to be a brother, sister, stepbrother or stepsister. These petitions may be filed both during and after the divorce proceedings, and can request both visitation and reasonable electronic communication rights. As with grandparent visitation, one of the following conditions must be met in addition to the sibling being denied visitation by a parent:
  • The child’s other parent must have been deceased or missing for at least three months;
  • A parent of the child must have been ruled incompetent as a matter of law;
  • A parent has been incarcerated for at least three months prior to the filing of the petition;
  • The children’s parents have been divorced or legally separated from each other, or have a pending dissolution proceeding involving custody or visitation, and at least one of the parents doesn’t object to the sibling having visitation. The visitation cannot diminish visitation with the parent;
  • The child is born out of wedlock, the parents are not living together, and the petitioner is a sibling. If a paternal sibling, the parent’s paternity must have been established by a court of competent jurisdiction.
Allowing siblings and step siblings to remain in contact with each other following a divorce is beneficial to the emotional health of both children. If you are considering filing for divorce in Illinois, having a qualified attorney at your side can help ensure that your children are allowed to stay in contact with their siblings and step siblings. Contact the experienced divorce attorneys at A. Traub & Associates about your case today.
Illinois State Bar Association DuPage County Bar Association Northwest Suburban Bar Association American Inns of Court DuPage Association of Woman Lawyers National Association of Woman Business Owners Illinois Association Criminal Defense Lawyers DuPage County Criminal Defense Lawyers Association
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