Back-to-School Parenting Disputes: How to Resolve School, Activity, and Schedule Conflicts Early is an important topic for separated and divorced parents as summer winds down. By late July, many Illinois families are already thinking about school registration, supplies, transportation, extracurricular activities, and new routines. These decisions can become stressful when parents disagree or when the parenting plan does not clearly …
How to Resolve Summer Parenting Time Disputes in Illinois
How to Resolve Summer Parenting Time Disputes in Illinois is a question many separated or divorced parents face once the school year ends. Summer can bring vacations, camps, and changing work schedules. Even a reasonable request can create conflict when parents disagree, or the parenting plan is unclear. Fortunately, many disputes can be addressed through communication, attorney-assisted negotiation, mediation, or …
Child Custody for Illinois Farmers: Parenting Time and Parental Responsibilities Explained
Child Custody for Illinois Farmers: Parenting Time and Parental Responsibilities Explained is an important topic for families across Central Illinois, where agriculture is not just a job but a way of life. For farmers in communities such as Champaign, Springfield, Bloomington, Decatur, Shelbyville, Effingham, and surrounding rural areas, creating a parenting plan requires careful thought and strategic planning. Unlike traditional …
A Champaign Mediation Attorney Explains How Mediation Can Assist with Parenting Time
Explains How Mediation Can Assist with Parenting time even in the best of circumstances, divorces can be problematic and contentious. When children are involved, they can get downright nasty. However, there is good news: Mediation can be a huge time saver when it comes to preserving child custody agreements and coming to a fair agreement about parenting time. What is …
Illinois Family Law: Parenting Time and Shelter in Place
We have received a lot of questions from folks about what to do about parenting time orders in the midst of a shelter in place.The current Shelter in Place Executive Order in Response to COVID-19 presently in place specifically excludes under Paragraph 14(e) “[t]ravel required by law enforcement or court order, including to transport children pursuant to a custody agreement.” …
Ask Kym: How Do I Co-Parent Amidst COVID-19?
In the past few days, we have had numerous calls on this issue. While there is no clear law as to what rules apply to parenting time and visitation during a pandemic like COVID-19, since this is an unprecedented global health crisis, I wanted to provide some suggestions to our clients and potential clients who co-parent. Please remember that although …
Virtual Mediation During COVID-19 Pandemic
I have noted for years my ability to conduct meditations “virtually” via GoToMeeting or Skype. I’ve been speaking to clients via GoToMeeting but I can also conduct meditations using this technology. Of course, it is more productive to meet in person but a lot can still be accomplished by having these conversations “virtually.” For family law matters, I mediate both …
Ask Kym: Parenting Time Under Illinois Law with Coronovirus Outbreak
As you can imagine, this issue has been arising in child custody cases around the country. I have received this question from several clients, like yourself, who are concerned about court ordered parenting time agreements. While there is no clear law on it since this is an unprecedented global health crisis, I will inform you of the relevant laws in …
Illinois Family Law: Can I Limit Visitation for a Parent
Generally, a non-custodial parent is entitled to reasonable visitation. 750 ILCS 5/607. However, if a court finds that the parent “seriously endangered the child’s mental, mortal, or physical health or…significantly impaired the child’s emotional development, the court shall enter orders as necessary to protect the child.” 750 ILCS 5/603.10. Actions that limit, restrain, or confine visitation include the following: a requirement ofsupervised visitation; …
Illinois Family Law: Supervised Visitation
Supervised visitation requires the presence of a third party during parenting time. 750 ILCS 5/600(m). This restriction on parenting time can only be imposed after a hearing where the court finds the child’s physical, mental, moral or emotional health is “seriously endangered.” This is not as a strict a restriction of termination of parental rights. Instances where supervised visitation may …
Factors in Illinois to Determine Child Custody and Visitation (i.e., the “Allocation of Parental Responsibilities”)
I get a lot of questions during consultation on the factors to determine the allocation of parental responsibilities in Illinois. Although trial court judges are given a lot of deference to take into consideration the totality of the circumstances, the statute sets forth 14 concrete factors (and one catch-all factor) for the court to consider. They are: the wishes of …
Illinois Family Law: Best Interest of the Child Test for Visitation
Everyone involved in a family law proceeding involving children has heard of the the “best interest of the child” test. So what factors do Illinois courts consider for parenting time (or visitation)? (A) the wishes of the child, taking into account the child’s maturity and ability to express reasoned and independent preferences as to visitation; (B) the mental and physical …
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