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Wheaton, IL 60189
The Stogsdill Law Firm, P.C.

DuPage County order of protection attorneyWhen parents divorce, they will typically share parental responsibilities and parenting time. A shared custody arrangement can be a great way to ensure that a child gets to spend time with both of his or her parents. Illinois courts typically favor parenting schedules that keep both parents in the child’s life.  However, there are some situations in which spending time with a parent may not be in the child’s best interests. If you are an unmarried or divorced parent, and you have concerns about your child’s safety during the other parent’s parenting time, you should know that you have the right to ask for his or her parenting time to be restricted.  

Take Steps to Protect Your Children’s Immediate Safety

If there is an immediate threat to your child’s well-being, do not hesitate to take action. Your child’s safety comes first. If you believe your child is in a situation in which they could be injured or killed, call 911. You may also take steps to obtain an order of protection that will prevent the other parent from committing any actions that could harm you or your child. 

If you need to violate your parenting plan to prevent your child from being harmed, you are allowed to do so. However, you will need to justify your actions to the court. Violating your parenting plan without a good reason can result in negative consequences, including restriction of your own parenting time. You will need to tell the court when and why you violated the parenting plan, so make sure that this is a last resort.

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DuPage County family law attorney for holiday child custodyThis holiday season is shaping up to be like none other. If you are in the middle of a separation or divorce, your holiday season may be especially complicated. Sharing custody of children with a soon-to-be ex-spouse is hard enough, but sharing custody during the holidays can be even harder. Keep the following tips and suggestions in mind to help your holiday season go as smoothly as possible for you and your children:

Plan the Details in Advance

When a couple with children files for divorce in Illinois, they have 120 days to create and submit a “parenting plan.” This plan will describe how they will make major decisions about the child, who the child will live with on what days, how the child will be transported between homes, and much more. If you have not yet filed for divorce, or if you have not made any decisions about the allocation of parental responsibilities and parenting time, you may only have a casual agreement about which parent the children will see on which days. This can lead to miscommunication and frustration. It is better to plan your holidays in advance. Decide where the children will stay on what days, when they will be picked up and dropped off, and other details, and then put these decisions in writing.

Use Technology to Your Advantage

There are many computer programs and smartphone applications that can help you and your ex collaborate when making decisions about parenting issues. Using email or text messages to communicate about children can help avoid in-person arguments, and this can also serve as an important record of the plans you and your spouse have made. Apps like Cozi, Coparently, and OurFamilyWizard allow you to keep track of schedules, expenses, and other child-related information.

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DuPage County parenting plan lawyerIf you are a parent who is getting divorced in Illinois, you will need to create a parenting plan or parenting agreement. According to Illinois law, parents must file a parenting plan within 120 days of filing for divorce. If they cannot agree on a parenting plan, they may each file their proposed plan separately from the other spouse. Parents who disagree may be able to negotiate a settlement through mediation or with help from their attorneys. If parents cannot reach an agreement, the court may need to intervene.

Parental Responsibilities and Parenting Time

You and your spouse will need to make determinations about child custody, which is now referred to as the allocation of parental responsibilities, and parenting time. Parental responsibilities refers to decision-making authority about children’s medical care, education, extracurricular activities, and religion. Parenting time refers to the days and times that a parent directly cares for the child. 

Creating a parenting time schedule is not as simple as it may initially seem. For example, you and your spouse may decide that one parent will have your child Monday through Thursday, and the other parent will have the child Friday through Monday. However, you will also need to account for issues such as holidays, family vacations, and who should watch the child when a parent cannot fulfill his or her parenting time obligations.  

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Wheaton child custody lawyer parenting time restrictionsIn 2016, the Illinois Marriage and Dissolution of Marriage Act (IMDMA) underwent significant updates. What used to be called child custody is now called the “allocation of parental responsibilities.” The time that a parent spends directly caring for his or her child is referred to as “parenting time.” Although the terms “sole custody” and “joint custody” are outdated, these terms are still sometimes used to refer to different types of parenting arrangements. If you are a father who is considering divorce, you may want to know if you could be awarded sole custody, or more accurately, all of the parental responsibilities and/or parenting time. The answer to this question will depend on a variety of factors.

Reaching an Agreement About Your Illinois Parenting Plan

Parents who divorce in Illinois are asked to create a parenting plan in which they describe how they plan to divide parental responsibilities and parenting time, as well as how other important matters will be addressed. Many divorcing couples struggle to reach an agreement about the provisions in their parenting plan. If you and your spouse disagree about child custody issues, a family law attorney may be able to help you negotiate a parenting plan that you can both agree to. Alternative dispute resolution methods like mediation or collaborative law may also enable you to resolve custody disagreements.

Do Illinois Family Courts Favor Mothers Over Fathers?

If you cannot reach an agreement through other means, the court will step in and determine a parenting plan on your behalf. Many people are under the assumption that mothers are favored over fathers during child custody disputes. However, the laws in Illinois treat parents the same, regardless of their gender. Illinois courts make all child-related decisions based on what is in the child’s best interests. Some of the factors courts consider when allocating parental responsibilities and parenting time include:

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Wheaton child custody attorney for parental alienationIdeally, unmarried and divorcing parents would place their children’s well-being above their own angry or vengeful feelings toward their ex. Unfortunately, the pain of a divorce or breakup can sometimes make parents lose sight of what is really important. Some parents even attempt to influence or coach their children to dislike the other parent. Whether this influence is intentional or unintentional, the results can be extremely harmful to both the children and the other parent. “Parental alienation” occurs when a parent manipulates a child in such a way that the child begins to feel fearful or hostile toward the other parent. It is possible that parental alienation can have a substantial effect on child custody.

What Actions May Be Considered Parental Alienation?

Romantic partners or spouses who have ended their relationship will often harbor some degree of bitterness or spite. However, it is important for parents to avoid letting their feelings toward their ex influence the relationship between their ex and their shared children. If a parent disparages the other parent to the point that it begins to break down the relationship between the child and the other parent, this may be considered parental alienation. Parental alienation may involve:

  • Refusing to inform the other parent about the child’s school or extracurricular activities

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