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child custody & visitation Archives

Advocates ask for 50-50 child custody in Illinois

Calls are being made for modifications to the Illinois Marriage and Dissolution of Marriage Act. Across the country, 35 other states are seeking similar changes. The changes sought would begin proceedings with a legal presumption of 50-50 child custody. Most parents put the needs of their children first, and they will pursue an outcome that is in the best interest of their children. The same applies to family courts, which will continue to consider various factors to ensure such an arrangement will be in the child's best interest.

Shared visitation and residency -- pros and cons researched

Illinois parents who are considering divorce may be interested in the findings of a reputable international research company. After studying approximately 7,700 children, they confirmed what many family law professionals believed. Children who get to share the residences, love and attention of both parents after a divorce manage to go through life with fewer mental problems than the children of people with other residency and visitation arrangements.

Gather the necessary weapons for a child custody battle

Although more and more divorcing couples in Illinois avoid litigation, there will likely always be some breakups that are contentious and not resolvable in negotiation or mediation. Sadly, in such cases, it is often one parent who uses the children to punish the other parent and to do whatever is possible to prevent that parent from sharing child custody. In preparation for litigation, the other parent may have to go to great lengths to prove he or she is a loving and nurturing parent.

Modification of child support order is possible in Illinois

A 28-year-old Illinois father had to face the wrath of the court last month. This followed his failure to pay court-ordered child support of $200 every fortnight with additional payments toward arrears. However, when he failed to attend a scheduled child support hearing on Oct. 26, a warrant was issued for his arrest, and he is now locked up in the county jail.

Maximize child custody time with a right to first refusal clause

The primary concern for many Illinois parents who divorce might be the threat of losing a loving relationship with his or her child. Not all people realize that there are ways to maximize the time spent with their children. However, the necessary steps must be taken at the time of negotiating child custody.

Child custody and visitation and the threat of fatherlessness

Fatherlessness has been linked to many behavioral problems in children nationwide, including in Illinois. When fathers play no role in child custody and visitation, the consequences have proved to include alcohol and drug abuse, violent crime, unwed pregnancies, truancy, psychological disorders and, in some cases, even suicide -- not by the absent fathers necessarily, but by their children. Records indicate that one in every three children nationwide -- or 24 million -- live in homes where their fathers are absent.

Child custody and visitation can be made easier

Most Illinois parents who divorce recognize the anxiety the changes can cause for children. For that reason, careful consideration is typically given when making decisions about child custody and visitation. Although shared parenting might be regarded as the best option, it might not be possible if one of the parents relocate to a different area.

Flexible child custody and visitation plans can benefit all

When Illinois couples divorce, resolving all material issues can be challenging. Property division often brings about contention, but is usually over and done with once decisions are made. Conversely, child-related issues never actually get completely resolved because parenting goes on. Even couples who share child custody and visitation equally will likely find that parenting issues will arise as the children's needs change over the years.

Can child custody and visitation be based on intelligence?

The right to have a child and raise a family is one that is fundamental in American law. Few people even question their parental rights, and feel confident that if they provide a safe and loving home for their children, they will face no challenges to their ability to raise their kids as they see fit. There are cases, however, in which parents in Illinois and elsewhere have faced serious challenges to their child custody and visitation rights even when there is no evidence of abuse or neglect.

Case challenges gender-based parental rights

Many may believe that Illinois residents who are in same-sex marriages can face the same challenges when getting divorced as do their heterosexual counterparts. To some degree, this may be true. When it comes to identifying parental rights and associated parenting time, however, this may not necessarily be the case.

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Courtney, Clark & Mejias, P.C.
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Belleville, IL 62220

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