Child Custody Issues Arising During Stay At Home Order

Family Law Blog

Child Custody Issues Arising During Stay At Home Order

April 7, 2020 | Parenting (Child Custody)

The COVID-19  stay at home order imposed by Governor Pritzker specifically allows parents to leave their residences for court ordered child custody exchanges (also known as a parenting exchange). Therefore, the stay at home order, by itself, does not provide a basis for parents to disregard a court ordered parenting exchange. However, some parents are […]

Surviving Stay At Home Order With Your Soon To Be Ex

April 3, 2020 | Divorce,Parenting (Child Custody)

Governor Pritzker’s order for Illinois residents to stay at home to stop the spread of COVID-19 is two weeks old and will be in place until April 30, 2020, at the earliest. Staying home may be repetitive, boring, and, at times, frustrating. It may seem like we are starring in our own Groundhog Day.  But […]

Are Parenting Exchanges Permitted Under COVID-19 Stay at Home Order?

March 21, 2020 | Divorce,Parenting (Child Custody)

On March 20, 2020, Illinois Governor JB Pritzker issued an executive order requiring Illinois residents to stay home, subject to certain exceptions. This order is designed to limit the spread of COVID-19 and maintain the public health. Under the order, people cannot leave their homes except for “essential” activities and travel. There are many essential […]

How Illinois Public Policy Protects Children During Divorce

December 20, 2019 | Parenting (Child Custody)

It is Illinois public policy to protect children from exposure to conflict and violence in a divorce. The following are examples of that public policy:  An underlying purpose of Illinois divorce law is to ensure that there is predictable decision making for the children. An underlying purpose of Illinois divorce law is to ensure predictable […]

Right of First Refusal in Divorce

December 18, 2019 | Divorce,Parenting (Child Custody)

A “right of first refusal” means that if a parent intends to leave the minor child with a child-care provider for a significant period of time then that parent must first offer the other parent an opportunity to care for their minor child during that period of time. The theory behind a right of first […]

Secure Attachment in Child Custody Cases

December 16, 2019 | Divorce,Parenting (Child Custody)

When parents of minor children divorce there is often a “custody dispute” over the amount of parenting time each parent receives. During the marriage, usually one parent was more responsible for taking care of the child. This is called “caretaking responsibilities,” also knowns as caregiving.  Usually at divorce, the parent with greater caretaking responsibilities will […]

Deviating From Child Support Guidelines

December 14, 2019 | Child Support,Divorce,Parenting (Child Custody)

Divorced parents whose children live with them, i.e. parents who have majority parenting time, bear many more of the basic child related costs, such as food, clothing, etc.  Child support is designed to get both parents to pay for these basic costs. Under Illinois law, “guideline” child support is calculated by determining the cost of raising the child […]

Emergency Petitions in Divorce Cases

December 11, 2019 | Divorce,Parenting (Child Custody),Property

Generally, a party to a lawsuit is entitled to due process. Due process is fairness in a judicial proceeding. This usually occurs through appropriate notice to the party subject to the judicial proceeding as well giving that party an opportunity to prepare for and participate in the proceeding. In divorce cases, under appropriate circumstances, a […]

Modifying Parenting Plans and Marital Settlement Agreements

December 10, 2019 | Divorce,Maintenance (Alimony),Parenting (Child Custody)

When parents of minor children get divorced there are generally two main documents that govern their post-divorce life: the parenting plan and the marital settlement agreement. The parenting plan governs all parenting matters such as parenting time and decision-making responsibilities. The marital settlement agreement governs financial matters such as the distribution the marital estate as […]

Mediation in Illinois Divorce

December 8, 2019 | Divorce,Parenting (Child Custody)

Mediation is required in nearly every case where the parties cannot agree to an allocation of parental responsibilities, in other words, who gets what parenting time and who makes what decisions for the children. During mediation the spouses will sit down with a mediator, who may or may not be an attorney, and the mediator […]

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