Divorce And Children FAQ
What Will Happen To Your Children After Your Divorce?
At Taege Law Offices, our team of experienced divorce attorneys understands that the biggest question parents have is how the divorce will affect their children.
While it is true that divorce is a major life change and can be challenging, it’s also true that there are ways to prevent major emotional trauma and make the transition as smooth as possible. We can help. Here are the questions most asked about the process as it relates to children.
Don’t see your question here? We offer a free and confidential consultation so that you can get answers as soon as possible. Call 312-667-7706 to speak with us.
How is child custody determined in Illinois?
In Illinois, custody is called “allocation of parental responsibilities.” When seeking custody, it’s important to understand the rights and obligations that you will have. In most cases, the courts will grant both parents both physical and legal custody. Physical custody relates to where and with whom the child lives. If one parent has physical custody, it means that the child spends the majority of their time living with that parent. The child may still see the other parent, and even have overnight stays, but has one main residence. The parent who has legal custody has the right and obligation to make major decisions for the child regarding education, religion and health care, among other issues. When legal custody is shared, then both parents have a say in these matters. We will walk you through the evaluation, mediation and guardian ad litem processes as they relate to your case.
Are the child’s wishes taken into account?
Yes. Both the wishes of the parents and the wishes of the child or children are taken into account. Ultimately, the court will place the child in the environment where the best interests of the child are best met. Typically, as stated above, the courts move to ensure that both parents remain involved and active in the child’s life, unless there is a history of or ongoing abuse or neglect issues.
After divorce or separation, who makes important life decisions on behalf of the child?
If a parent has sole legal custody, then that parent will make all of the decisions for the child. Typically, however, both parents will have a say in major decisions that affect the child. There are issues that can affect who makes decisions for your child. We are here to answer your questions and guide you through this process.
Can custody be changed after a divorce or separation?
Yes. If either parent has a major life change, either in their personal life or career, then a change or “modification” may be warranted. These modifications are more likely to be approved after two years has elapsed since the initial order was entered. Any modification must be shown to be in the best interest of the child. In any instance where a child’s well-being, health or safety is at stake, a modification should be undertaken. We can help you understand how to proceed should you need to seek a modification.
Can I relocate with my children?
Yes. However, where you move will affect your parenting rights and obligations. If you move a few blocks away or across town, this should not be an issue. However, if you want to move out of Illinois as a parent with custody, then you must get approval from the court and most often from the noncustodial parent. The court will want to ensure that this move serves the interest of your child or children.
If both parents are in agreement about the move, then this process is much easier. Any changes to your initial agreement should be in writing and notarized. We can help you understand the steps to relocate with your child or children to ensure you are getting the appropriate permissions and following both the law and the terms of your existing agreement.
How does parental alienation affect custody?
Parental alienation is when one parent seeks to undermine the relationship the child has with the other parent. If one parent creates a campaign against the other parent and this is harmful or has a negative impact on the child or children, then the court can change the allocation of parental responsibilities and award the other parent sole custody.
Will child support be awarded?
Child support in Illinois depends on the financial situation of the parent. Illinois courts use an income shares model. This model takes into consideration both parents’ income, the time the child or children spend with each parent and each parent’s ability to provide for their children. The court uses a guideline, but because every case is different, the court may deviate from the guideline when this change is in the best interest of the child or children. Child support is paid until the child is out of high school, up to age 19. A court may also order one or both parents to contribute to or pay college expenses. We can help ensure you are paying or receiving the correct amount of support.
When can child support be changed or modified?
Child support is income-based. If one parent’s income significantly changes, then this will likely affect the amount of child support either paid or received. When a major change in income occurs, you must seek a modification of support through the court. We can help you understand what to do and what is likely to happen in your particular situation.
Get The Answers You Need To Best Provide For Your Children
The experienced child custody attorneys at Taege Law Offices are here to help. Contact our office to set up a free, fully confidential initial consultation. Call 312-667-7706 or send us a contact email. We offer phone, virtual and in-person meetings at our conveniently located North Side Chicago office. We represent clients throughout the greater Chicago area.