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Common Parenting Schedules to Take into ConsiderationDetermining the allocation of parental responsibilities can be one of the most difficult aspects of divorce. Parents are not used to having to schedule a time to see their children. It is typically built into their schedule out of default. Making parenting decisions can be the portion of divorce that causes the most conflict. Emotions can run high, which can lead to an inaccurate representation of who you are as a parent. In order to avoid being overwhelmed by the legal process, it is important to be prepared when discussing parenting schedules.

Common Schedules

Although all parenting schedules can be adjusted to fit your family, there are four common divisions of parenting time that many families follow.

  1. 50/50: Evident in the name, the 50/50 plan has the child spending equal time with both parents. Some families have the children spend a whole week with each parent while some prefer to alternate days. This schedule is best when both parents live nearby and both are actively involved in parenting. The 50/50 schedule can make it difficult for the child to feel grounded depending on the number of days spent in each household.
  2. 60/40: This schedule is close to the 50/50 plan but assigns a primary home for the child. The 60/40 requires four days with one parent and three days with the other. Children will normally stay with one parent during the week and spend a long weekend with the other parent. This tends to give the child more stability during the school week, allowing them to focus on their academics during the week.
  3. 70/30: This schedule has the child living with one parent five days a week and the other two days a week. Similar to the 60/40, children normally stay with the non-custodial parent on the weekends, but this is adjustable based on each family’s situation.
  4. 80/20: The 80/20 has the child spending the majority of their time with the custodial parent while visiting the non-custodial parent every other weekend. Many families choose this to give both parents time with their children on the weekend, especially if both parents work. Although the child lives primarily with one parent, it can be difficult to spend “quality time” with them during the week.

Contact a Lombard Divorce Lawyer for Help

Divorce changes your lifestyle significantly, especially for parents. Rather than seeing their child every day, parents have to learn to adjust. At A. Traub & Associates, we work with you to do what is best for your whole family. If you are searching for assistance with your divorce, contact our experienced DuPage County attorneys for a free consultation at 630-426-0196.

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What Is Child Relocation in Illinois and How Can I Get It Approved?Many people decide to relocate after a divorce in order to have a fresh start. Seeing their former spouse in town or going to places that you used to frequent throughout your marriage can make it difficult to move on and start over. While this does not require court approval for all divorcees, those with children will need to get this legally approved. This is mandated in Illinois in order to prevent the custodial parent from intentionally keeping their children away from their other biological parent. This can occur if the marriage did not end amicably; however, a bad marriage does not make someone a bad parent. Despite the cases where one parent is attempting to control the other, relocation can be done with the child’s best interests in mind.

What Is Considered Relocation in Illinois?

Moving and relocating are not one and the same. Relocating is moving a residence on a much larger scale. According to Illinois law 750 ILCS 5/600, there are a few specific parameters required to be classified as “relocation”:

  • A child living in Cook, DuPage, Kane, Lake, McHenry, or Will county moves to a new residence that is 25 miles from the child’s current residence;
  • A child living in an Illinois county that is not listed above moves to a new residence within the state that is 50 miles from their current residence; or
  • A child moves to a new residence that is outside of Illinois and is more than 25 miles from their current residence.

What Does the Court Consider When Evaluating My Request?

There are various factors that the court will look at to ensure that the intentions for the move have the child’s best interests in mind. A judge will typically speak to the child depending on their age and maturity level. Although the child’s opinion may not be the determining factor in the court’s decision, facial expressions and body language can sometimes reveal more information than words. The judge will also look at the potential change in the quality of life. This includes the child’s educational, physical, and emotional development. The reputation and level of education of the child’s current school are often compared to the new school to ensure that they will have equal opportunities if the relocation is approved. Another area that the court will focus on is the child’s relationship with each parent. If the child has a strong relationship with the non-custodial parent and moving would disrupt that, the judge will probably not allow them to move. At the end of the day, the court’s priority is the child’s happiness and well-being.

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b2ap3_thumbnail_court-gavel-judge-jurisdiction.jpgThe application and enforcement of the law can be very complex in many situations. This can be especially true in cases related to allocated parental responsibilities—formerly child custody—and parenting time, or visitation. One of the fundamental principles of law is the concept of jurisdiction, which refers to the authority that a particular county, state, or federal court system maintains over the parties and the subject matter of the case in question. Only a court with appropriate jurisdiction can make decisions and enter orders in accordance with applicable statutes.

In some situations, jurisdiction may be fairly straightforward. For example, if you live in DuPage County, and were injured in an accident near your home caused by another resident of DuPage County, you probably realize that the DuPage County circuit court has jurisdiction over your case, and your claim should be made there. In other cases, however, jurisdiction may not seem quite so clear, at least to the average citizen. One such example can be found in the area of family law. If your parenting plan and parental responsibilities orders were entered in Illinois, and you decide to move out of state, which state has continuing jurisdiction over your family’s case?  Fortunately, there are laws in place to address this exact scenario.

Relocation and Substantial Change in Circumstances

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Lombard family law attorneyIf you are a parent who is in the midst of a divorce, you probably have many questions about the future. “Where will I live?” “Will I be able to make enough money?” “What will happen to my kids?” As you probably know, the laws regarding child custody have undergone substantial changes in the last few years. The changes were designed to reduce competitiveness and friction between divorcing or unmarried parents and to encourage cooperative parenting. But what if your former partner is uninterested in taking responsibility for your child? Or, what if it scares you to leave your children with him or her? Fortunately, it is still possible for you to seek an amended version of what used to be called “sole custody” of your child.

New Names for Legal Custody and Physical Custody

At the beginning of 2016, sweeping reforms to the Illinois Marriage and Dissolution of Marriage Act (IMDMA) took effect. The updates largely eliminated the term “child custody” and replaced it with the more nebulous phrase “allocation of parental responsibilities.” Under the amended law, parental responsibilities are divided into two primary areas. “Significant decision-making authority” replaced the previous concept of legal custody, and “parenting time” replaced the old idea of physical custody. Sole and joint custody were two different types of legal custody arrangements as they were established to clarify which parent or parents had the responsibility to make important decisions about the child’s life.

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Lombard family law attorneysMost of us are familiar with at least the basic concept of child custody. In most instances, we realize that the phrase refers to making arrangements for raising a child or children following a divorce or breakup between the parents. While it is possible for non-parents to gain custody of a child, the vast majority of child custody disputes are between a child’s biological parents.

In 2016, sweeping reforms to the family law statutes in Illinois eliminated the official use of the phrase “child custody.” The amendments introduced new terminology that was intended to be less divisive and more cooperative. For many years, parents sought to “win” custody of their children, rather than working together to find the best possible parenting arrangement. Today, the legal concept of child custody in Illinois is known as the allocation of parental responsibilities.

Two Primary Components

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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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