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Arlington Heights grandparents' rights and visitation attorney

A marriage often turns two families into one. This is especially true when a couple has children. New babies gather people together, and children may develop close bonds with aunts, uncles, or grandparents as they get older. When a divorce happens, relationships between extended family members can become awkward. However, children and relatives may want to maintain their relationships, and grandparents and other family members will want to be sure to understand their rights after a divorce. For parents, time spent with children is outlined in a parenting plan. Instead of “custody” and “visitation,” Illinois law refers to these as “parental responsibility” and “parenting time” respectfully. In Illinois, although the rights of parents come first, a grandparent may have the right to non-parental visitation with a child depending on the circumstances. This extends to great-grandparents, siblings, and stepparents as well. 

When Will a Judge Approve Non-Parental Visitation?

Non-parent family members may file for a petition for visitation after a child turns 12 months old. In cases involving divorced parents, at least one parent must typically approve of the request for visitation. A judge may grant visitation if one of the parents has died or if a parent is absent due to circumstances such as serving time in prison. Like all other family law decisions, the best interests of the child is the most important factor considered by a judge. 


Arlington Heights family law attorney

It is no secret that divorce is tough on a family. Although a husband and wife no longer want to be married, they both will continue to share a relationship with their children. After a divorce, one parent often moves from the family home, which can be difficult for children to begin with, but it can also change their daily routines or schedules. When addressing issues such as when children will have quality time with either parent, Illinois law allows families to complete a parenting plan, which must be in writing and signed by both parents to be considered legally binding.

What Is a Parenting Plan?

Since 2016, Illinois has removed terms such as “custody” and “visitation” from state family laws in an attempt to better address the roles that parents play following divorce. Now, such matters are referred to as “parental responsibility” and “parenting time,” respectively. A parenting plan is what puts decisions about these issues into action after a divorce by dictating how parental responsibilities will be allocated or shared between parents and when each parent will spend time with the child. 


Schaumburg Grandparent Rights Attorney

When getting a divorce, one issue commonly discussed is which parent a child spends time with and when in the form of a parenting plan. Parenting plans break down custody and visitation, or parenting time in regard to separated parents, from daily schedules to special circumstances like holidays. 

After a divorce, other family members such as grandparents may want to spend time with a child as well. The relationship a parent may have with the grandparents of their child can change after a divorce. A parent’s rights come first, and each state has its own legislation regarding people who are not parents of the child. In Illinois, grandparents may have the right to visit with a grandchild, depending on the circumstances, after a divorce. This is also the case for stepparents, great-grandparents, and siblings.


Posted on in Divorce

Schaumburg divorce attorney, parental responsibilities, marital property, family pet, pets and divorceThe process of divorce can be difficult and contentious, especially when spouses disagree about how to divide assets and debts and/or allocate parental responsibility. While a lot of attention is paid to issues like the best interests of the children of divorcing parents and what is considered marital property, one issue that sometimes gets overlooked during divorce is what to do with family pets.

While cats, dogs, and other animals are not human, many people consider them to be part of the family, and treating them like another piece of property to divide often does not seem right.

Illinois law was recently updated to reflect these attitudes, and some additional considerations are now given to pets when determining their ownership during divorce.


Arlington Heights divorce attorney, order of protection, domestic violence, parenting issues, parental responsibilitiesWhen parents end their marriage, they must continue work together to co-parent their children after divorce. However, their parental roles and responsibilities can be complicated if domestic violence occurred during the marriage.

While it is essential to protect the safety of spouses and children who have suffered violence or abuse, it is also important for children to have a relationship with both parents. But how well are parents able to work together following violent situations?

A recent study from researchers at the University of Illinois looked at mothers who had experienced domestic violence during the first year after their divorce to see whether they had any issues or conflicts while acting as co-parents with their ex-spouse. 


Schaumburg child support attorneys, divorce judgment child support law, divorce judgment modification, parental responsibilitiesWhen parents complete the divorce process, their final divorce decree will specify how parental responsibilities will be allocated, the parents’ schedule for parenting time with their children, and the amount of child support that one parent will pay to the other. But while this is meant to be a permanent agreement (or, if parents were unable to reach an agreement, a judgment by the court), the law recognizes that people’s circumstances change, and a divorce decree may need to be modified at some point in the future.

Following the implementation of Illinois’ updated child support law, which went into effect in July 2017, parents may wonder if their divorce decree should be updated to reflect the new methods for calculating the amount of child support payments. However, before petitioning the court, they should understand when these types of modifications are allowed.

Modifications Require a Substantial Change in Circumstances

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