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. 

According to Illinois law, a “guardian” is defined as a person, institution, or agency appointed by a court to manage the affairs of another person, who is referred to as their “ward.” When a child turns 18, his or her parents do not have legal guardianship at that point, since the child is now considered an adult. However, a guardian may be appointed on behalf of an adult who is disabled due to a mental illness, physical incapacity, or developmental disability.

When parents choose to get a divorce, they will need to determine when children will spend time with each parent. While it is important to create and follow a regular parenting time schedule, parents can still choose to be flexible, and they may be able to agree to make changes to the schedule as needed. One common situation in which changes may be necessary occurs when the kids are out of school for holidays or summer breaks. During vacations, children have more free time to spend with each parent, and so parents should work together to determine a schedule that is in the best interests of the children.

Scheduling Factors

In many divorces, children will reside with one parent for the majority of the time while spending some amount of parenting time with the other parent. However, some divorced couples are able to share equal or near-equal amounts of parenting time. While these arrangements provide consistency during the school year, schedules may need to be adjusted during the children’s summer vacation. When creating a summer parenting schedule, many factors come into play, including the children’s ages, the distance between the parents’ homes, parents’ work schedules, and plans for summer activities.

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.

When 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.