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Subscribe to this list via RSS Blog posts tagged in joint custody

parental responsibilities, child custody, Illinois family law attorneysWhile it does not occur in every case, it is certainly common enough. Following a divorce, separation, or breakup, many parents engage in a bitter battle over who will get custody of their children, and who will be relegated to visitation, often with reluctance on the part of the primary custodian. For many years, the laws in Illinois have provided the possibility of sole or joint custody, which parents too commonly saw as a content to be "won" or "lost." Starting next year, that will no longer be the case as the concept of child custody in the state of Illinois is getting a complete makeover.

Family Law Reform

The changes to child custody come as part of a sweeping measure that is drastically updating the state’s approach to divorce and family law in general. The law was passed earlier this year and was signed by the governor in July, paving the way for the updates to take effect on January 1, 2016.

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joint custody routinesRecently, Fox News Magazine revisited the question, "do 50 percent of marriages really end in divorce?" Unfortunately, the answer is still a resounding yes. Not only does this startling statistic involve the couple, but as numerous studies support, divorce often has a life-long effect on the children struggling with the breakdown of the family.

So how can both parents work together to ease the child’s anxiety during this transition? If you and your separating spouse have been discussing joint custody with your respective divorce attorneys, there are ways to establish a successful "kid shuttle" plan.

DK Simoneau, speaker and award winning author of the children’s book, "We’re Having a Tuesday," offers several ways of assisting a child cope with a split-family lifestyle. As a divorced mother of two, Simoneau has become a strong advocate of making the hectic split-family syndrome less hectic. The following are just a few of her suggestions:

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Posted on in Divorce
right of first refusalChanges to the Illinois family law that went into effect in January mean divorced co-parents will need to notify their ex-spouse any time they plan to leave their children with a caregiver for more than four hours. This could have a serious impact on long-standing child care arrangements, particularly in situations where a couple has been divorced for a longer period of time.

According to Illinois HB 2992, parents who share joint custody of their children must offer their ex-spouse the opportunity to care for the couple’s children temporarily before seeking third-party care for any period more than four hours. As long as the co-parent lives within a reasonable distance, they must be offered the opportunity to provide care before a babysitter can be hired and before the child can be left with grandparents or at a daycare facility.

This new clause is commonly known as "right of first refusal," and may lead to a significant change in families where the custodial parent usually leaves a child with grandparents or babysitters while running errands or a parent’s night out. They will now be required to notify their ex-spouse of their plans and give their co-parent the opportunity to care for the child during that time instead. An exception may be made in emergency cases. If the co-parent does choose to accept the additional time, they will be responsible for providing any transportation that may be required, except in cases where a different arrangement is agreed upon between both parties.

If you are a co-parent sharing joint custody and have questions about how this may impact current custody agreements or child care arrangements, we can help. Contact an experienced Arlington Heights family law attorney at A. Traub & Associates today for a consultation. Our qualified team of attorneys understand the importance of communication in child custody issues and will work diligently to reach a clear and concise resolution to your situation.

joint custody after divorceDivorce is painful, sometimes unexpected, financially and emotionally draining and, most often, difficult on the children involved. Fortunately, the concept of shared joint custody between two responsible parents is on the rise.

For those residing in Illinois, the Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5) recognizes joint custody as one of the two basics forms of child custody, the other being sole custody.

When it works well, joint custody permits continuing involvement of both parents in the lives of their children, providing them with a more encouraging outlook for the future.

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shared custody, joint custody, sole custody, child custody, Illinois divorce lawyer, Illinois family lawAccording to a new study, there is a growing trend of shared child custody, with fewer courts awarding sole custody of children to the mother.

The study was done by researchers from the University of Wisconsin–Madison. The team examined the data from Wisconsin family courts from 1988 until 2008. They looked at more than 10,000 divorce cases.

In the late 80’s and early 90’s, very few custody arrangements involved shared custody. Instead, the mother was typically awarded sole physical custody with the father awarded visitation, or parenting time.

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Posted on in Divorce

joint custodyIllinois law directly acknowledges that neither separation nor divorce should affect either party’s parental rights or responsibilities, unless the court finds a good reason to do so.  However, the top priority for family courts in this state is to ensure that custody arrangements are in the best interest of the child or children involved.  In determining the best interest of the child, courts look to many different factors, such as:

  • The wishes of the parents;

  • The wishes of the child;

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