Tinley Park Illinois Family Law Blog

Threatening parents: Sometimes, withholding visitation is valid

There are people who worry that they must always give the other parent visitation rights, even if the other parent is an immediate threat to their children. They may worry every time they drop their children off that this will be the last time they see them.

That kind of stress is not healthy in any relationship or situation. As a parent, you should know that the court will back you up if you feel that your children are in immediate danger. If that's the case, you have the right to withhold custody and to seek help from the authorities and your attorney. In emergency situations, it may even be legal to flee with your children to keep them out of harm's way.

Can digital visitation help relieve my custody worries?

You love your children, and you want to be able to spend every day with them. With your current custody arrangements, you know that won't ever be a possibility.

Despite knowing that the arrangements are in your children's best interests, you still wish you could be with them more. You want to check in with them, and since they're getting older, you want them to have access to you whenever they'd like, too.

Your teen probably has custody preferences

Many divorcing parents have questions about child custody, as they probably should. They wonder what is best for their children and how to allow their children to get through a divorce with the fewest negative consequences.

One thing that you may want to consider if you have older children is asking them what they want. Teens, in particular, don't want to be involved in a situation where their parents are competing over their time. They have their own interests and are becoming more independent. They want to be near their friends and activities.

End-of-life care: Make your preferences known

In your estate plan, one thing you may want to discuss is your preference on the state's euthanasia laws. Most states do not allow physician-assisted suicides, but that doesn't mean that you can't have life-sustaining assistance withheld if you prefer to die naturally.

In your estate plan, it is a good idea to address this situation directly. You should know that withholding or withdrawing from death-delaying procedures is an option that you have. Taking away these assistive machines or procedures is legal, and it doesn't constitute homicide or suicide when patients meet certain qualifications.

Already married? Try a postnuptial agreement

After you get married, you might sit down and think that you should have created a prenuptial agreement. Your spouse has debt, you have debt and you want to protect the assets you collect over time.

One thing you can consider is called a postnuptial agreement. A postnuptial agreement is essentially the same as a prenuptial agreement. The difference is that the agreement is arranged after you're married.

Who gets the dog when you divorce?

Divorce can be a complex process both financially and emotionally. Couples face a number of heated issues while they disentangle their lives, including property division and child custody. An increasingly common–and contentious–issue is who gets to keep the dog or cat when a couple splits.

People have strong bonds with their pets and have long considered them to be a member of the family, so deciding pet custody can be heartbreaking and complicated. Illinois law recognizes the importance of pets in divorce and has made a change to the law in the last year to reflect this.

Here's how you can help your children during divorce

Determining child custody is one of the most complicated factors in divorce. You want to make sure your children are taken care of and that they have the time they need with each parent. You also want to protect them from negative situations and encourage them to thrive, even though this is a complicated time in their lives.

With child-custody cases, the best thing you and your spouse can do is be willing to negotiate. Even though you are estranged and separated, your children still need you to be there for them. You must both work as a family unit, even though you are separated. If you don't, having different routines, rules and schedules can be difficult for children to adjust to.

Judge takes action to move multi-state custody battle along

When a custody battle expands across more than one state, it can be incredibly complicated to get any kind of forward progress.

A custody battle that has been playing out in the courts of both Illinois and Massachusetts has pushed an Illinois judge into taking action. She has now issued a subpoena in the case to a county sheriff. The judge is seeking more clarity regarding how the civil contempt warrant for a father's arrest can be enforced across state lines.

Get creative with custody plans to make the most of your time

Many people who have children during their marriages face a difficult problem in divorce: They both work. While this might work in a marriage, having two parents working full-time jobs won't be as easy.

For many people, one parent is a part-time employee, but the other works a full-time job. This brings in extra money, but it also means that child care isn't a concern. Sadly, after a divorce, both parents are likely to have to work full-time jobs, and those jobs might conflict with the time frames during which a child needs care and monitoring.

Is there ever a time when you won't pay child support?

No matter how much you earn, or don't earn, there is never a time when it's appropriate not to take care of your child. This also applies to child support.

If you have a child and are not the primary caregiver, you may be ordered to pay child support. Even if your situation is dire, the court still expects you to put your child first. In a two-parent relationship, the same would be true, so the same still applies after a divorce.

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