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Belleville Family Law Blog

Get a custody order in place before the holidays

With the holidays fast approaching, divorced Belleville parents may be gearing up for another round of arguments over custody arrangements. This is especially true for those who may have just separated recently and who have no binding custody order in force.

No parent wants to be the holiday Scrooge, dealing with custody hassles when you'd rather be trimming the tree, baking Christmas cookies or wrapping gifts. Custody disputes can turn happy holiday celebrations into battlegrounds where nobody is the winner — least of all, the kids.

School timeout laws cause concern for parents

Parents spend a lot of time worrying about the welfare of their children. This concern can become more than a passing thought during separation, divorce and other difficult life events that unduly affect children's lives. But, sometimes, everyday threats to children's safety can cause alarm as well as legal action.

Parents and caretakers in Illinois are worried about a state law allowing school personnel to isolate children as a disciplinary measure. Secluding students in separate spaces in what is called an "isolated timeout," which could be considered a legitimate move while trying to deal with difficult students.

Illinois state employees sued over child's death

If you're a parent, you were probably already thinking about the safety of your children before this sentence reminded you to do it. Where are they? What are they doing? Is someone looking after them? If these questions are unanswered, they can gnaw at you whether children are in trouble or not.

These questions can hover in your mind a lot when you are not used to seeing your children as much, which is often the case with divorced parents. Child custody arrangements can take offspring away from a mother or father for days or weeks at a time. If you're worried about the other parent's behavior, it may feel limiting to the point of mental anguish.

Collaborative law adds new options for Illinois divorces

Divorce is often the conclusion when a pair of people who have committed to each other find themselves, either gradually or suddenly, with nowhere to turn. Although ending a marriage is not necessarily a bad choice, the process can be expensive for financial assets and taxing on emotional strength as well.

But it doesn't have to be this way. There are several options on how people can separate, build independent accounts and settle on rights and responsibilities for child custody. While traditional divorce can pit people against each other in a legal conflict, Illinois residents have options that are less damaging.

Things to consider as a new co-parent

The transition from being in a tight-knit family unit to a co-parenting relationship can be a tough one. It can often be difficult to accept that your children will no longer enjoy the security of a traditional family home. However, all co-parents should remember that children can thrive after their parents' divorce when both parents put their differences aside and work on being successful co-parents.

As part of the transition, you will need to make sure that the allocation of parental responsibilities is done in a way that you believe is fair. In Illinois, the courts aim to reach a decision that is in the best interests of the child. In most cases, this means ensuring that there is a continuation of the parent-child relationship.

When is divorce not the right way to end a marriage?

It's hard to admit sometimes when a marriage has neared its end. People's feelings can change, and the practicalities of living together or raising children under the same roof may change as well. Illinois law allows for spouses to divorce with or without the full cooperation of the other spouse. But, in some cases, divorce is not the right legal choice.

  • How can a person end a marriage without divorce?

The main reason that divorce is not the proper way to dissolve a legal marriage is if a marriage was not legal in the first place. There are a few circumstances in which someone was not legally permitted under Illinois law to wed, and the spouses in those situations do not need to file for divorce.

  • What are the circumstances that could invalidate a marriage?

Illinois records became part of a child custody dispute

Divorce is always a difficult process, even if both spouses agree that it is the best thing for their futures. The most complicated and meaningful part of the process is dealing with the needs of children from the relationship. This may prove to be a priority for parents who never married, as children can be a divisive subject in any relationship that involves them.

A pair of parents in Illinois are embroiled in a serious dispute that has also raised questions about the sort of information that they could get about each other. It began with the father requesting health information on his daughter after he separated from the girl's mother. It began with a wellness check done by police, which yielded only positive results.

How is child custody decided during a divorce?

What happens when parents feel the need to divorce? Even if the finances and properties are well sorted out, there will be emotional consequences that can last a lifetime. Before you say that it's not affecting you as a divorcing parent, think about the child who has no choice in the matter and will have to learn to accept the custody determination.

Swapping custody for better financial aid may no longer work

Parents will do a lot for their children. They will argue with school administrators for opportunities and go without so their children can eat well. Recently, it appears that parents will even give their children up, so they have a better chance at education.

Several Illinois parents have voluntarily surrendered custody of their children, so they could apply for greater levels of financial aid. Need-based financial aid for college education is generally based on the income of the student's household. When legal custody no longer exists, the student can often claim a lower income.

What happens to the kids in an Illinois divorce?

No one thinks they will ever end up there when a marriage begins, but divorce court is the destination for around half of the newlyweds in the United States. Second and third marriages are even more likely to collapse before one spouse dies. But the main question for caring parents about to go through a divorce is "what happens to the kids?"

  • What is different about a divorce with children in Illinois?

All the usual requirements for a divorce in the Prairie State apply, such as at least one spouse's residence in the state for 90 days or more. Plans for child support, or maintenance, are one of the early differences in the process.

  • How are child support and other issues decided in an Illinois court?

When you are ready to discuss your legal issue with an experienced Illinois lawyer, we will be here for you.

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Johnson, Johnson, & NolanAttorneys At Law

Johnson, Johnson, & Nolan
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Belleville, IL 62220

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