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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 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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Answers to Frequently Asked Questions About Child Custody in Illinois

Oak Park divorce child custody lawyerMany of the most significant concerns at the end of a marriage revolve around the future of the children. These worries often become so great that couples frequently stay in a unhealthy relationship to avoid any discomfort that the children may encounter. However, recent studies have shown that children of divorced parents are resilient, and they can often quickly overcome even the most difficult situations. Often, the adults are more frightened than the children due to the adults’ fear of the unknown. To help alleviate those concerns, we will answer some of the more common questions about child custody, which is now legally called the allocation of parental responsibilities in Illinois.

Will Both Parents Get to Spend Time With Children?

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Posted on in Divorce

Illinois paternity lawyerIn a marriage, the paternity of a child is automatically established. However, this is not the case when the biological parents are unmarried. Instead, the father is deemed an “alleged father” until he and the mother either acknowledge paternity or receive confirmation of paternity through the courts or Illinois’ Department of Healthcare and Family Services (DHFS). Learn more about establishing paternity in Illinois, including how it can be done and why you should get it done, and see why the assistance of an experienced family law attorney should be obtained.

Why Establish Paternity?

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Hillside IL family law attorneysWhen parents file for divorce, they are required to complete a parenting plan document which outlines their wishes on parenting time and the allocation of parental responsibilities. Of course, since every family is unique, each parenting plan is (and should be) different. However, these variances in needs, desires, and circumstances can make what sounds like a straightforward process rather complicated. Learn how to make the most of your parenting plan by adopting some creative parenting plan solutions that may address your family’s unique needs.

Consider Your Child’s Age

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