Blog posts tagged in your rights
If you are in the process of ending your marriage, there is a good chance that you are beginning to realize that your life is much different compared to when you were married. If you have children, the differences are probably even more notable. For many divorced parents, the first school year after the divorce is the most challenging, as they must establish new routines for their children and boundaries for the parents. When back-to-school season falls in the midst of your divorce, you will need to take steps to ensure that your children have every possible opportunity to succeed.
Figure Out a Way to Cooperate
Every situation is unique, and there is no easy way to decide how you and your spouse will work together regarding school. Decisions regarding the allocation of parental responsibility may still be pending, so you might both still share decision-making authority for school-related concerns. The best option is for you and your spouse to put your differences aside and to create a plan designed to let your child thrive in the new school year. If this is not possible, you may need to ask the court to issue a temporary order allowing you to make education plans on your own.
Family and relationship experts have long known that children generally fare best after their parents’ divorce or separation when both parents continue to play an active role in the children’s lives. There are, of course, many ways for parents to maintain a healthy relationship with their children, but most experts believe that time together is a vital part of doing so. In recent years, there has been a greater effort in many parts of the country to include fathers more in parenting arrangements following a divorce or separation, but change, it seems, has been slow in coming to Illinois.
In many situations, mothers are granted a majority of the parenting time with their children while fathers are forced to make do with less. A new study shows how much less, and the results are rather alarming.
Illinois Near the Bottom
Following a divorce, very few parents are able to reach an agreement in which their children spend equal time with both parents. In Illinois, however, parenting time is handled separately from significant decision-making responsibilities, which means that even if parenting time is not split equally, both parents could have equal authority regarding major decisions for the child.
Sometimes, the parent that has been given the majority of the parenting may wish to move from his or her current home. Because the child spends more than half of the time with that parent, it is easy for the parent to assume that they can simply move whenever they please. The law in Illinois does allow parents who share parenting time to move to a new home, but it must be done within certain geographical areas unless the non-moving parent grants his or her consent to the move.
How Far Can I Go?
Family law is one of the most sensitive and challenging areas of the law. While the applicable statutes themselves may not be quite as complicated as tax or real estate law, for example, the personal nature of issues such as divorce and the allocation of parental responsibilities make them particularly difficult for who are going through them.
In some cases, child-related disputes can become so contentious that the parties are unable to remain objective and focused on the child’s best interests. When this happens, the court may appoint a specially trained attorney to serve as a guardian ad litem (GAL) for the duration of the proceedings.
The Job of a GAL
In today’s world, it is not uncommon for a person to seek a fresh start by moving to a new city—sometimes even across the country. This may be particularly appealing after a divorce, as a new beginning may be cathartic in many ways. While the average American has the freedom to move wherever he or she wants at any time, such is not always the case for a divorced parent who shares parenting time of a child with a former spouse.
Rules for Relocating
The state of Illinois has established laws designed to help keep both parents active in the life of their child, even after a divorce. Regarding moving to a new city or state, Illinois law is clear. A parent with at least half of the parenting time of a child may only move with the child within a certain radius of his or her current home before the move is considered a “relocation.” A relocation requires the consent of the other parent or the approval of the court.