No one wants to be involved in a disputed child custody case. If you are at the point where you are asking a court to decide on custody issues, you are likely in one of two situations. Either you have tried everything to work out an agreeable custody schedule with the other parent and were unable to do so, or you believe the children would be in danger if left alone with the other parent. Neither situation is enviable in the slightest. You should know that in most cases, Illinois courts favor a joint custody arrangement, but there are exceptions. Understanding how the court will go about making this decision can help you be prepared for the hearings to follow. With so much at stake, you need to be represented by an experienced child custody attorney. 

Factors in Deciding Parenting Time Arrangements

The deciding factor in a child custody case is always the best interests of the children. Illinois courts entire mission is to decide what type of parenting time schedule will best serve the emotional, physical, and social needs of the children involved. Factors the court will consider include: 

• Child’s wishes - The children’s wishes do matter, however, the judge will also consider the child’s age, maturity, and reasoning skills. Judges are well-aware that younger children are much more susceptible to bribery, and that some children will pick the “fun” parent over the reasonable parent. 

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It is not uncommon at all for one spouse to seek a protection order during a contentious or high-conflict divorce. Even knowing this, you may be taken by surprise when someone from the sheriff’s department shows up and hands you a stack of papers saying that your spouse has been granted an emergency protection order against you. When you get this initial pile of paperwork, you might be shocked and upset. It is important to understand what being served with a protection order means and what to do if this happens to you. Usually, there will be a hearing held about a week to ten days after you are served with the protection order. At the hearing, you will have the opportunity to challenge the protection order. At this hearing, it is important that you are represented by an attorney if you are not already. 

What Does Getting Served With an Ex Parte Protection Order Mean?

“Ex parte” just means that the court took action while one of the parties involved was not present. If you have been served an ex parte order of protection, it means that your spouse went to court without you and told a judge or magistrate that they are in immediate danger of domestic violence and need emergency protection from you. 

At most ex parte protection order hearings, the court will grant an emergency restraining order that takes effect as soon as you are served. However, they will schedule a second, full hearing. You have the right to be present at this hearing and represented by an attorney. At this hearing, both sides can present evidence and call witnesses. Your spouse will have to prove that you are a danger to them in some way. You should have an attorney there to defend you against these allegations.

Divorce can be contentious, emotionally debilitating, and costly, most especially when children are involved.  Under Illinois law, all decisions are determined in the best interest of the child.  A parenting plan includes decision-making responsibilities of the child, and parenting time, formerly visitation, that each parent has with the child. An agreeable parenting plan begets a harmonious home life for the child.  

Achieving and adhering to a parenting plan can sometimes be complicated. A divorce lawyer can negotiate an agreeable parenting plan or facilitate post-decree enforcement of the parenting plan. 

Four Disputes in Decision-Making Responsibilities

1. Education – Where the child attends school is often a source of conflict. A parent may want the child to be enrolled in a private or religious-based school, like a parochial one, while the other parent may wish the child to attend public school. Sometimes tuition costs are the primary factor of this conflict. Academic achievements and a competitive grade point average may also be an issue as one parent may be more lenient while the other is not.  

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If you are paying or receiving child support, you know that the circumstances of your life and the life of your child may have changed dramatically since the original child support order was approved by the court. In Illinois, your child support order is eligible to be reviewed for a modification every three years. However, there are qualifying events that may allow you to modify the order between the normal review cycle.

Steps in the Modification Review Process

Either parent can ask the Illinois Division of Child Support Services (DCSS) to review the child support order for possible modification. The parent must demonstrate in their modification request that a substantial change in circumstances has occurred or that the other spouse has agreed to the change. Situations that may allow a child support modification include:

• The parent who is making the cild support payments has had a substantial decrease in income. This could be due to a job loss, an involuntary cut in pay, or a serious injury or disability. They could petition to have the monthly payments decreased.

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Planning ahead for your future medical needs can feel like a daunting proposition and a difficult subject to consider. Nobody wants to think about a time when their own care may be out of their control. However, it is beneficial to ensure that important decisions about your own medical care are in the hands of someone you trust and who knows your wishes. An experienced estate planning lawyer can help you establish a power of attorney for health care and remove some of the uncertainty about your future care.

What a Power of Attorney for Health Care Can Cover

A health care power of attorney allows you to choose an agent, who should be a close family member or trusted friend, who will have the authority to make decisions about your care on your behalf. They will also have access to your medical information to allow for informed decision-making. It will typically take effect if you become incapacitated and unable to make decisions about your own care.

The agent will have the legal power to make important decisions about the type of treatment that you will receive, and your admission or transfer to a hospital, a hospice facility, or other health care location. After your death, the agent would have the power to carry out your wishes about how your remains will be treated, including burial, cremation, and whether to donate your organs.