Category: Child Custody

In a divorce, children can struggle with moving between two homes as time is spent with both parents, but nesting provides an alternative that lets the children stay in the marital home while the parents alternate. In Illinois, this is an option for parents to consider as they work on the custody and living arrangements. It has the potential to lessen the stress children endure in the divorce process.

Narcissistic Personality Disorder affects many couples who pursue divorce, and this means it comes into play in child custody cases. This disorder is difficult to overcome, and the parents fighting for custody of their children against a narcissist will find the struggle to be quite intense. By better understanding the disorder and its potential effect on children, parents can do what they need to do in order to protect their kids.

Custodial interference occurs when one parent keeps a child away from a custodial parent and prevents him or her from having access to the child. This can occur when a non-custodial parent refuses to return the child to the custodial parent after visitation, or when a parent who shares joint custody refuses to allow the other parent to have their scheduled time with the child. In Illinois, this is more commonly called parenting time interference.

Even with stay-at-home orders in place due to COVID-19, divorced parents in IL need to follow their agreed-upon custody agreements and court orders, yet there may be times when custody arrangements need adjustment due to the pandemic and the risk it creates. Understanding their rights and obligations even in these unusual times will help parents make wise choices as they protect their parenting relationship and their children's health.

Parents who are addicted to drugs have a negative effect on their children and there is a strong risk of abusive behavior. In Illinois divorces, co-parents can petition for changes to custody arrangements because of this correlation. If a parent feels that the other parent is putting the child at risk due to drug abuse, and they have enough evidence of the drug abuse problem, they can petition the courts to take away custody.

Non-custodial parents should understand their rights to ensure they maximize every opportunity to interact with their children and participate in decision-making that reflects the children's best interests. While some rights of non-custodial parents are contained in divorce and custody agreements, others may not be as clear. When discussing parenting time and parental responsibilities with a family law attorney or ex-spouse, the following should be addressed.

When parents who are divorcing cannot come to an agreement on their parenting plan, the courts will take a series of steps to help them come to an agreement. Those steps typically include sending the couple to mediation, appointing a child representative, and appointing a parenting coordinator. The goal in these cases is to help the parents come to a decision about their parenting plan, all while protecting the child and the child’s relationship with both parents.

When an ex spouse violates a custody order, they can be held in civil contempt of court, and penalties that range from a simple warning from the court to jail time are possible. Parents need to understand their own rights in custody violation cases as well as what measures they can take to protect their children. The goal of custody arrangements is to provide both parents with parenting rights while protecting the best interests of the children. These arrangements are legally binding; violating them may trigger the other spouse's family law attorney to seek penalties against custodial parent.

Though they are not biological parents, stepparents in Illinois have rights in divorce proceedings or after the death of a biological parent that help them protect their relationship with their stepchildren. Under current Illinois law, stepparents are recognized as important parental figures in the life of a child, and in specific circumstances may even have the right to file for custody.