When parents divorce, one of the most critical issues that must be resolved is child custody. In Illinois, child custody is referred to as the allocation of parental responsibilities, encompassing both the decision-making authority and parenting time with the child/children. If you are a parent getting divorced in Illinois, it is essential you understand what is most important to know regarding child custody. During this time, a divorce attorney will be a crucial resource for navigating the divorce and child custody process. 

Five Things to Be Aware of with Illinois Child Custody

Here are some essential things to know about child custody in Illinois, including:

1. Types of custody – There are two main types of child custody arrangements in Illinois. One is joint custody, meaning both parents share responsibility for major decisions and parenting time. The other is sole custody, where one parent is responsible for making important decisions regarding the child’s life. Generally, the court prefers joint custody, as it is widely believed that children are better off with both parents involved in their life and making important decisions instead of one parent having most of the say. However, there are situations in which sole custody is in the child’s best interests.

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 Divorce proceedings can bring out the worst in people. It is not uncommon for spouses to hide assets during divorce proceedings - especially during a high-net-worth divorce. Hiding assets is illegal and can lead to serious consequences in a divorce case. Therefore, it is essential to understand why a spouse engages in such conduct. And remember, if you think your spouse may be hiding assets from you, alert your divorce attorney to ensure that any remaining assets can be accounted for to ensure you can obtain a fair settlement.

Why Do Spouses Hide Assets?  

While every case is different, the following are of examples of why a spouse may try to hide assets during divorce proceedings, including: 

• Greed – Some spouses may be motivated to hide assets by a desire to hang onto as many assets as possible during a divorce – which may stem from plain old greed. They may feel entitled to more than their fair share from the joint marital assets, leading them to try and keep them safe from property division in the divorce case.

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 Domestic violence is a serious issue that affects many families around the world. It can have long-lasting impacts on the emotional and physical well-being of those involved, especially the sufferer. In a divorce proceeding, allegations of domestic abuse are taken very seriously. Fortunately, in Illinois, there are steps sufferers of domestic abuse can take during divorce proceedings to protect the well-being of themselves and any children involved. If domestic violence is a factor in your divorce, contact an experienced family law attorney to understand your legal options at this time.

Here is What You Can Do

Illinois is a no-fault state when it comes to grounds for divorce, meaning that domestic violence cannot legally be considered a reason to end the marriage. In Illinois, the grounds for divorce are irreconcilable differences. However, not all hope is lost for the sufferer. Obtaining an order of protection is usually the first step someone can take when dealing with issues related to domestic violence. The order of protection can prevent the abuser from contacting you, and if children are involved, it will also prevent the abuser from contacting the children. If the abuser is living in the home with the accuser, an order of protection can implement proximity restrictions to ensure that the abuser is forced to leave the shared residence. An order of protection may also interrupt current custody or parenting time arrangements. If the order is violated, criminal charges may be levied against the abuser.

For the safety of the sufferer, Illinois courts can grant an emergency order of protection based entirely on the accusations from the sufferer. This order will stay in place for 21 days until a hearing can be held. For this order to become a plenary order, the sufferer and abuser must attend a hearing. At this hearing, both sides will be able to showcase evidence. A skilled family law attorney may be able to help by building a persuasive case to demonstrate that domestic abuse has or is occurring and that an order of protection is necessary to protect the well-being of the abused spouse and any children who may be involved.

 Collaborative law and mediation are two alternative dispute resolution methods that offer couples an opportunity to resolve their divorce outside of a courtroom. Although both ways share some similarities, they are different in their approach, process, and outcome. If you are considering divorce and want to understand the differences between these two methods, contact an experienced divorce attorney to decide which divorce method may be suitable for you and your situation. 

What is Mediation in the Context of a Divorce?

Divorce mediation is a process where a third party, neutral to both sides, assists the couple in reaching a settlement agreement. The mediator does not take sides and does not provide legal advice. Instead, the mediator facilitates communication between the couple, helps them identify issues, and guides them toward an acceptable resolution for both sides. Mediation is based on the principle of voluntary participation, confidentiality, and impartiality. 

What is Collaborative Law in the Context of a Divorce?

Collaborative law, on the other hand, is a legal process where each party hires an attorney trained in collaborative law who works together with them to reach a mutually acceptable agreement. The process involves a series of meetings where both parties and their attorneys discuss their interests and concerns, identify the issues, and work towards finding a solution that meets everyone’s needs. Collaborative law is based on collaboration, transparency, honesty, and mutual respect.

 Divorce is never easy, and things can get even more complicated when children are involved. One of the most challenging and heart-wrenching situations for divorced parents is when their ex-spouse has turned their children against them in an act of parental alienation. This can be an emotionally devastating experience, and it is crucial to take action to try to repair the relationship you have with your children. For a parent in this situation, it is essential to speak with an experienced family law attorney to see your legal opportunities during this difficult time.

Why Contact a Family Law Attorney?

You may wonder, what legal options do I have? Well, depending on the circumstances of your case, you may be able to file a motion to the court to modify custody or visitation. Doing so may secure you more quality time with your children, strengthening your relationship with them in the short and long term.

What Additional Options May I Have?

In addition to seeking legal guidance, you should also focus on rebuilding your relationship with your children. This can be a complicated process, but it is essential to keep trying. Here are some steps to take to begin repairing the relationship, including: