Blog
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

CALL TODAY FOR A FREE CONSULTATION

708-449-7404

Subscribe to this list via RSS Blog posts tagged in Oak Park child custody attorney

Oak Park family law attorney child custody

In today’s world, families come in all shapes and sizes, including parents who are not married. As an unmarried father, you may be wondering what your rights are with regard to your child. Historically, mothers have taken on the role of primary parent and caregiver. Illinois courts, however, often favor having both parents involved in the child’s life, so long as this is what is best for the child. If you are not married to your child’s mother, and do not intend to be, there are a few steps that you should take to be sure that your rights as a father are protected.

Establishing Paternity

Before any custody decisions are made, you have to legally establish yourself as the child’s father. For fathers who are married, this is accomplished by signing a “Voluntary Acknowledgment of Paternity” (“VAP”) form. The law assumes that a mother’s husband is the father of her child, and both parties recognize that this is true by signing a “VAP”. For parents who are not married, proving paternity requires a few additional steps. It is often advisable for unmarried fathers to obtain proof of their biological connection to their child. This involves taking a DNA paternity test to provide the court with proof of your connection to your child, and to ensure that your rights as the child’s father are upheld.

...

Oak Park, IL parenting plan lawyerIn 2016, the way in which Illinois courts determine child custody was changed substantially. The Illinois Marriage and Dissolution of Marriage Act (IMDMA ) now calls child custody “the allocation of parental responsibilities,” and visitation is now referred to as “parenting time.” Divorcing parents must fill out a “parenting plan” document which states each parent’s parenting time and parenting responsibilities, as well as certain child-related rights and requirements. Reaching decisions about these issues can be challenging – especially in the midst of a contentious divorce. In some cases, the court will make decisions about parental responsibilities and parenting time for the parents.

Resolving Parenting Plan Disputes

Illinois parenting plans must contain a number of provisions, including provisions that address the following:

  • How significant decisions about the child will be made;
  • A parenting time schedule that explains when the child will live with each parent;
  • How any future modifications to the parenting plan will be handled;
  • Transportation arrangements;
  • Each parent’s right to access information about the child, such as medical records and school reports; and
  • Several other child-related concerns.

Understandably, many divorcing parents have strong feelings about the provisions of the parenting plan. This can make it difficult for many parents to reach an agreement. Before the case is heard in an Illinois court, the parents are typically required to participate in family law mediation. During mediation, the parents work with a neutral mediator who helps them discuss the disputed issues in a constructive, non-adversarial way.  A skilled divorce lawyer may also help parents negotiate a parenting plan, without the need for court intervention.

...

Oak Park, IL parenting time lawyer

If you are going through a divorce, you will need to make a variety of difficult decisions involving the separation of your life, your finances, and your property from your spouse. While this can be a lot to deal with, the situation can become even more complicated if you and your spouse have children, because both of you will need to address the allocation of parental responsibilities (formerly known as child custody in Illinois), as well as parenting time (formerly known as visitation), and the decisions about these issues will be written down in an agreement known as a parenting plan, which will be part of your divorce decree. When creating a parenting plan, it is important to work with an experienced family law attorney to ensure that your parental rights and your child’s best interests are protected.

Creating a Parenting Plan

A parenting plan is a legal document that addresses the responsibilities that each parent will have during a child’s upbringing. These responsibilities include making decisions regarding the child’s education, religion, healthcare, and extracurricular activities, and the authority to make decisions in each of these areas may be shared by the parents, or allocated to one parent. Furthermore, a parenting plan will specify where the child will live, the schedule of each parent’s parenting time, and the rules regarding transportation. It may also include the right of first refusal to ensure that a parent will be able to care for their child if the other parent is unavailable during his or her scheduled parenting time.

...
Illinois State Bar Association LAW QA Verified DuPage County Bar Association American Bar Association Highly Recommended by Locals On Alignable Martindale-Hubbell Gold Client 2018 AVVO Will County Bar Association Vincent C. Machroli & Associates, P.C. BBB Business Review
Back to Top