In some divorce cases, a couple may change their minds or disagree about certain issues even after the divorce is final. For example, if a person believes his or her ex-spouse violated the divorce decree, he or she can file a “post-decree motion” to enforce the terms of the divorce decree. Similarly, a change in one or both of the former spouses’ circumstances, such as a job loss or relocation, may require amendment or modification of the divorce decree, especially if a child is involved. These modifications or post-decree matters must be approved by a judge and should be fair to each spouse and in the best interests of the child.  

Parental Responsibilities and Child Support

The majority of post-decree matters deal with disputes over child-related issues. Parental responsibilities (formerly called child custody) and parenting time (formerly known as visitation) are determined during the initial divorce proceedings. However, changes may be necessary in some cases, such as when one parent would like to have more parenting time with his or her child. 

Many people who get divorced often find love and happiness again in second marriages. A step-family, sometimes called a “blended” or “bonus” family, is a family in which at least one parent has children from a previous marriage or relationship. Blended families can be wonderful, especially when step-parents wish to adopt the children of their spouse as a way of making their family more “complete.” This is referred to as a related adoption, since one of the adoptive parents is related to the child who is being adopted. In fact, this is the most common form of adoption in North America. 

A step-parent who adopts his or her stepchild agrees to become that child’s legal parent and to be fully responsible for the child until the child is an adult. Once the adoption is final, the other biological parent’s name is replaced with the adopting parent’s name on the child’s birth certificate. In some cases, the child’s name may also be changed on the birth certificate.

Every 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: 

When 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:

When an unmarried couple has a child but later splits up, or when a married couple gets a divorce, or when a couple was not in a relationship to begin with, it is typically necessary to set up child support in which one parent makes a recurring payment to the other parent for the benefit of the child. While this is often achieved without difficulty, that is not always the case.

Child Support for Divorced Parents 

During the divorce process, child support is one of the most important child-related issues to resolve, along with the allocation of parental responsibilities (formerly referred to as custody) and parenting time (previously called visitation). In 2017, Illinois adopted what is known as an “income-sharing model” for calculating child support, in an attempt to allow children to maintain the same standard of living as they would have if their parents were married.