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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 divorce mediation lawyerWhen a couple makes the decision to end their marriage, they may expect the divorce process to be hostile and contested. However, many aspects of a divorce can be settled between spouses in an amicable and respectful manner. One of the most effective ways to resolve the issues involved in a divorce case is through mediation. 

What Is Divorce Mediation? 

Here in the United States, mediation is one of the most common methods of dispute resolution used by divorcing couples. Mediation is a process in which the two spouses work together with a third-party mediator to reach a divorce settlement that works for both spouses. 

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Hillside divorce lawyer fathers' rightsEvery year, thousands of American couples make the difficult decision to pursue a divorce. A divorce can represent an opportunity to start a new and independent life. However, when children are involved, the divorce process can be incredibly tense. For fathers, a divorce can be frightening, considering the overwhelming statistical evidence that the majority of sole-custody parents are mothers. If you are looking to secure significant parental responsibilities as a father, you need quality legal assistance. 

Securing Parenting Time and Parental Responsibilities 

Due to recent changes in Illinois’ state law, child custody is now referred to as the “allocation of parental responsibilities.” While both parents will typically receive some amount of “parenting time” (as long as there are no issues regarding domestic abuse or other criminal activity), one parent may still be the primary residential parent. As a father, it is important to understand the steps you need to take in order to remain a primary figure in your child’s life, including: 

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Hillside parenting time attorneyWhen it comes to divorce cases, some of the most contentious issues that can arise are those pertaining to a couple’s children. Before you are able to conclude your divorce, the court will want you and your soon-to-be ex to submit a mutually-agreed-upon, written parenting plan. This parenting plan should contain information about parenting time schedules, who has what decision-making rights, dealing with the child’s school holidays, and other issues pertaining to the child. If both parents cannot come to an agreement on a parenting plan, the court will make the parenting plan decisions for the parents.

Determining Factors

Illinois family law courts start out with the presumption that each parent is a fit parent and that no restrictions should be placed on his or her parenting time, unless it is found that the parenting time would endanger the child’s physical, mental, moral, or emotional health. All decisions pertaining to the child need to be based on the child’s best interests. A number of factors are considered when determining parenting time, including:

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Oak Park child support attorneySometimes, even the so-called “simplest” divorces, where the parties have no children, can be stressful and tedious. But if you add children-related issues in a divorce, you have an entirely different set of issues which must be addressed before you can finalize your divorce. One of those issues is child support, which is a very important subject for many divorcing couples, especially if one parent has the children more often than the other. Child support is the financial obligation that both parents have to their children, and it is important that each parent pays his or her fair share.

Calculating the Basic Child Support Obligation

First, each parent’s monthly net income is calculated. Then, both of the parents’ net incomes are added together. The Illinois Department of Healthcare and Family Services (IDHFS) is the governing body that deals with child support calculations, and they periodically publish guidelines for calculating child support based on parents’ combined income. The IDHFS’s basic child support obligation table lists a child support obligation amount that corresponds with parents’ combined income and the number of children they have. This number is what the state of Illinois considers to be the total amount that parents at that income level are expected to provide for their children.

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Hillside post-divorce relocation attorneyThere are many reasons why a person would want to move after they have completed a divorce. Getting a new job, starting a new relationship, moving closer to family, or just getting a fresh start are all common reasons why people choose to relocate to a new home. However, when you add children into the picture, relocation could become more complicated. You cannot just pick up and move with your child if you have an existing parenting plan in place. You must first request permission to relocate from the child’s other parent. Then you must request permission to modify your parenting plan from the courts. Taking the correct steps when you are moving is the key to a successful relocation.

Notifying the Other Parent

If you have been allocated a majority of the parenting time or an equal amount of parenting time as your child’s other parent, you can request to relocate with your child. To do so, you must first provide a written notice of the relocation to your child’s other parent, and provide a copy of the notice to the clerk of the circuit court where you were divorced. The notice should be given at least 60 days in advance of the intended relocation, and it should include the date of the intended relocation, the address of your new residence, and the length of time the relocation will last (if it is not permanent).

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