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Law Office of Vincent C. Machroli, P.C.
High Point Plaza, 4415 West Harrison Street, Suite 213, Hillside, IL 60162
High Point Plaza, 4415 West Harrison Street, Suite 213
Hillside, IL 60162

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Oak Park right of first refusal lawyer

For couples with children who are going through a divorce, one of the most important aspects of the process is ensuring that their child's best interests are met. The courts require that divorcing parents try to work together to create a parenting plan that will determine each parent’s level of authority in making decisions about raising the child, define schedules for the parenting time the child will spend with each parent, and address other relevant issues. If the parents cannot come to an agreement on these issues, these decisions will be made by the judge in their divorce case. The “right of first refusal” is one issue that may need to be addressed in a parenting plan.

What Is the “Right of First Refusal”?

When a parenting plan is approved by the court, it is expected that each parent will follow the court-ordered parenting time schedule. However, situations may arise in which a parent will not be available during their scheduled parenting time, and they may need to utilize a third-party caregiver, such as a daycare, grandparents, or babysitters for a significant period of time. In these situations, the other parent may want to have the option to care for the children. 

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Hillside, IL family law attorney for co-parenting

If you are a newly-single parent adapting to life after divorce, moving on may be difficult, and you may be dealing with negative feelings toward your ex-spouse. Although it can be difficult to put those feelings aside, fostering the growth and development of your child should continue to be your primary goal. One dreaded scenario that may arise is meeting your ex’s new partner. This can be a challenging and stressful situation, but you will likely want to make an effort to get to know that person, as they will be a significant party in your child’s life. The following three tips can help the three of you work together as co-parents toward a happy and healthy upbringing for your child:

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Posted on in Divorce

Oak Park, IL contested divorce attorney

Feelings of anxiety and stress are common for any couple which is moving forward with the dissolution of their marriage. A divorce can be a complex matter which can have a lasting effect on everyone involved. Going into a divorce, most people are unfamiliar with the steps involved, the legal requirements that must be met, and the length of time needed. Dissolving a marriage is never fun, and you may want to get your divorce over with as quickly as possible. However, there are certain factors that can cause the divorce process to go on longer, and so working with a knowledgeable divorce attorney is essential to ensure the process can conclude in a timely matter.

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Hillside family law attorney for legal separationA married person may consider divorce as an option for leaving a stressful or unhappy relationship and getting a fresh start. Agreeing to dissolve a marriage can be a difficult choice, since a person may be unwilling to give up the unity and love that brought the couple together. The divorce process will require spouses to identify and resolve the legal issues that must be addressed when ending their marriage, including the allocation of parental responsibilities (formerly known as child custody), child support, and the division of marital property. However, the complexity that might be involved in resolving these matters could be a negative for some couples, and ending the marriage could also lead to unwanted attention or embarrassment for either spouse. For spouses who are considering divorce but are unsure about whether to proceed with the end of their marriage, consulting with a skilled family law attorney could identify some alternative options.      

Can Marriage Counseling Be Beneficial?

Working together with a marriage counselor is an option that a couple may be willing to try once issues arise that threaten the relationship. However, the success of these types of sessions will depend on the amount of time and effort each spouse is willing to put in. While counseling may help some couples save their marriage, research has shown that approximately 38% of married couples get divorced within four years of attending marital counseling.

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Oak Park parenting time lawyerThe end of a marriage can signify a new start for a former couple. However, divorce can be difficult for any children who are involved, since they then often have to split time between both parents. A new alternative to having children split time between two houses after a divorce is called “bird nesting.” This refers to an arrangement in which the divorcing parents themselves divide their time in a home, instead of the children being uprooted from the home for parenting time. The parents may each rent their own apartment or condo, or they may share a dwelling where one parent will stay even when it is not their parenting time. This type of parenting solution is not for everyone, but if parents do wish to use this option, their parenting plan document can spell out the allocation of parental responsibilities, parenting time arrangements, and more. 

Pros and Cons of “Bird Nesting”

After a divorce, if either parent has to buy a new house, that is a considerable expense. Renting a small apartment or condo that both parents can share can save a lot of money. Utilities will be less, and there are no property taxes to pay. In addition, there can be emotional benefits to the concept of “bird nesting,” since the children will not have to shuttle back and forth between two homes. Sometimes, this type of situation can even help the parents transition easier after the divorce.

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