3 Complex, Child-Related Issues in Illinois Divorce and How to Handle Each

Children are the primary concern in any divorce case. Not only are their needs put before the spouses, but the court will also put them before any other considerations in a case.

As you can imagine, parents disagree about many child-related issues. From parenting time to removal (i.e. moving) and more, your Naperville divorce lawyer will spend a lot of time in your case negotiating child-related issues on your behalf.

Read on to learn more about how the courts handle issues such as:

• Parenting time;
• Visitation restrictions; and
• Removal

1. Parenting Time 

Parenting time used to be referred to as visitation. With the update in Illinois law on January 1, 2016, parenting time is used to describe the amount of time both parents are allotted with their children.

Courts are interested in giving both parents equal parenting time with their children. Of course, the home in which the children reside often means one parent may get more parenting time than the other to prevent disrupting a child’s schedule. However, parents who do not serve as the residential custodian of their children will still be granted ample parenting time and involvement with their children.

Parenting time agreements will account for holidays and other special considerations to ensure nothing is left to chance.

2. Visitation Restrictions 

Many parents come into the divorce process concerned about whether their parenting time (visitation) will be restricted. This is particularly true of parents who do not live with their children after the divorce.

It’s important to remember that visitation is only restricted if the court deems it appropriate to do so. Typically, this only occurs when a parent poses physical harm to a child. Even then, supervised visitation is an option and will be worked out with a guardian ad litem in many cases.

3. Removal

It’s common for parents to move after divorce or to get relocated or obtain a new job. Should this occur, you’ll need to petition the court for removal, even if you’re moving within a certain distance in the same town.

Every county has their own rules for removal. For more information about the topic, please visit our article here.

Navigate Complex Children’s Issues With the Expertise of Lawrence R. Surinak Ltd.

At Lawrence R. Surinak Ltd., we rely on 35 years of experience to negotiate all child-related complexities on your behalf. This is particularly important with the recent changes to divorce and family law in Illinois.

If you’re concerned about your children or any of the issues above, contact Larry at 630-470-9990 for your free, 30-minute consultation. You may also request an appointment online if you prefer. We look forward to speaking with you and giving you peace of mind regarding children and divorce.