970 McHenry Avenue, Crystal Lake, IL 60014
Botto Gilbert Lancaster, PC

Call Today for Your FREE Consultation

Call Us800-338-3833 | 815-338-3838

Facebook Twitter LinkedIn
Subscribe to this list via RSS Blog posts tagged in children and divorce

McHenry County family lawyerAs anyone who has children can attest, it is not easy to be a parent. Parenting is infinitely more challenging after a divorce or breakup, especially if the other parent has been granted substantially more parental responsibilities and parenting time than you have. Under the law in Illinois, you have the right to reasonable parenting time with your child, but exercising that right can be difficult. Additionally, you might have personal issues of your own that have led the court to restrict your parenting time rights. A situation such as this can be extremely challenging, but it is not necessarily a permanent state of affairs, and there are some steps you can take toward getting your full parenting time rights restored.  

#1. Understand the Reasons

According to Illinois law, your parenting time rights cannot be restricted simply because a judge does not like you or the way you are living your life. The court must issue a finding that you or your lifestyle poses serious physical, mental, moral, or emotional dangers to your child, and the finding must be specific enough for you to address the court’s concerns. Common grounds for parenting time restrictions include alcohol or drug abuse issues, concerns regarding instances of physical or emotional abuse, and association with dangerous individuals. Only after you understand why the court has restricted your parenting time can you start taking steps to improve your situation.

#2. Be Compliant With the Restrictions

As you work to resolve the issues that led to your parenting time restrictions, whether they are substance abuse problems, domestic abuse concerns, or your social circle, it is absolutely critical that you comply with any restrictions the court has handed down. If the court has allowed you just one supervised hour with your child each week, make every minute count. Do everything you can to show your dedication to becoming a better person and parent. If you attempt to get around the restrictions, your actions are likely to damage your case, and you could have your parental rights terminated altogether.

...

Crystal Lake IL divorce attorneyWe cannot control the timing of many events in our lives. However, when it comes to divorce, it is wise to do it at the right time for you and your family. It is also important to plan for your children’s needs when getting a divorce. While you might not be able to control when your spouse asks for a divorce, if you work together and put your children’s best interests first, it is possible to make it official at the right time, depending on the circumstances.

High-Conflict vs. Low Conflict Divorces in Illinois

If there are constant fights with yelling or screaming, or violence in the home, it is probably best to complete your divorce sooner rather than later. Violence and spousal abuse will have a greater negative effect on your child than a divorce, regardless of their age. On the other hand, if you are in a low-conflict marriage but have irreconcilable differences, you may choose to wait to complete your divorce. 

However, this does not necessarily mean you should stay in a rocky marriage for the sake of your children. This often does more harm than good. In the end, it is healthier for children to have divorced parents than to live in a high-conflict household. Choosing to end your marriage can also be beneficial for your children as they form their own personal relationships down the line. Children in high-conflict households with parents who did not get a divorce are actually more likely to get divorced as adults. 

...

Crystal Lake IL divorce attorneyStudies tell us that divorce is one of the most difficult life events for children and adults alike. Even under the very best of circumstances, research shows it takes a significant emotional toll on everyone involved, often leading to long-term psychological effects that require a healthy support system in order to successfully cope.

Among the countless stressors that often arise throughout the course of a divorce, experts tell us there are certain aspects of the experience that have a particularly strong impact. Children can be especially susceptible, as they experience many of the same painful challenges adults do, often with heightened emotional responses. 

Here are some of the biggest stressors of divorce and the struggles they present for children and their parents: 

...

3 Ways to Remind Your Child That Your Divorce Is Not Their FaultWhen faced with the reality of divorcing parents, many children internalize the struggle between the parents. They are usually not privy to the countless closed-door disagreements and difficulties that may have existed for years. Instead, children will often turn inward, blaming themselves for their parents’ inability to get along and, ultimately, for the divorce. While you and your spouse may understand that it is not your child’s fault, it is your responsibility to make sure that your child understands as well.

#1: Talk Openly, But Carefully

If possible, you and your spouse should talk to your child together about your impending divorce before it becomes a reality. The two of you need to make clear that the divorce is based on issues between the adults. Your child did not cause it, and your child cannot fix it. It is also important to be age-appropriate when considering what details to share with your child. For example, the challenges of raising children may have, in fact, contributed to the breakdown of your marriage. Your first-grader, however, may interpret that as being to blame by nature of his or her existence.

#2: Invite Communication

Once your child knows about your divorce, it is important not to place expectations on him or her regarding how to handle the news. Everyone — adults and children — will need to deal with the situation in their own ways. Do not ask your child to keep secrets; instead, share only as much as you would be comfortable with other people knowing. Do not demand that your child talks to you. Instead, provide a safe environment for him or her to express feelings and concerns without judgment or consequences.

...

McHenry County family lawyerWhen a couple gets married, it is not at all uncommon for a spouse to take her partner’s last name as a symbol of their union. Some partners choose to hyphenate their surnames so as to keep their own identity while adding their spouse’s name to theirs. When a marriage comes to an end, it is relatively easy—and usually part of the standard divorce paperwork—for a spouse who changed her name to change it back during the proceedings. But, what about the children of a divorcing couple? It turns out that changing the name of a minor child in Illinois may be more complicated than most people realize.

What Does the Law Say?

Most legal details surrounding marriage and divorce are governed by the Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5), but name changes are typically made in accordance with the Illinois Code of Civil Procedure (735 ILCS 5). The statute provides that changing the name of a minor child will only be approved if the court finds “by clear and convincing evidence that the change is necessary to serve the best interest of the child.” A separate provision in the Illinois Parentage Act of 2015 (750 ILCS 46) allows for a child’s name to be changed if both parents agree, though this law is typically utilized in cases of unmarried parents or when parentage is in question.

Considerations of the Court

According to the law, when considering a name change for a minor child, the court is required to take into account all of the relevant factors of the case, including:

...
Illinois State Bar Association State Bar of Wisconsin Crystal Lake Chamber of Commerce Illinois Trial Lawyers Association McHenry County Bar Association
Back to Top