Category: Child 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.

When a lawyer fails to fulfill professional obligations, clients are justified in seeking another attorney. Lawyers have an obligation to effectively represent the interests of their clients. A child custody attorney has the added responsibility to seek the best interests of the children involved in custody disputes.

Knowing the difference between legal and physical custody can help parents understand the options that may be the best fit for their family. Custody decisions should be determined with the best interests of the child(ren) in mind.

Fathers may be obligated to pay child support even when children are not biologically theirs. It may be possible to challenge paternity when a DNA test shows someone else is the father. The man has limited time to refute paternity. Otherwise, he could remain obligated to support the child.

Co-parenting across state lines requires the cooperation of both parents and a visitation schedule that the court will agree with. When parents cannot agree on an amicable schedule that takes the best interests of the child(ren) into consideration, a family law attorney may be needed to take the matter to court.

False allegations of child abuse in a custody case are emotionally damaging to the accused parent as well as the child(ren) involved. Accusations could lead to police investigations, loss of custody, orders of protection or temporary restraining orders until they are proven false. Unfortunately, by the time allegations are disproved, long-term damage may have already been done to the child(ren)’s relationship with the accused parent.