Despite a common misconception, merely being the biological parent of a child does not grant an adult immediate and total governance of that child’s life. Parental rights manifest when someone accepts legal responsibility regarding a child, and those rights can be lost. Still, there are quite a lot of misconceptions about parental rights that it is important to correct.

Definition of Parental Rights

Generally speaking, parental rights exist in any person who has been legally granted decision-making authority for a child—often referred to as legal custody. Despite the name, parental rights may be apply to anyone who has custody, including grandparents, or even an unrelated person or organization. It is a matter of good public policy and general fairness that, if possible, every child should have acknowledged legal parents. In Illinois, by law, a biological father actually has no legal rights to his child unless he acknowledges paternity.

Divorce does not only affect you and your spouse. It can affect your extended family, and most certainly, your children. Sometimes, especially if your divorce is drawn out and complicated, it can be useful to have a person who is specifically invested in protecting your children’s interests, as they can occasionally get lost in the shuffle. This is the role of a guardian ad litem (GAL).

GALs in Illinois

A GAL’s role differs in different states. In Illinois, they are essentially advocates for children who the subject of parental responsibilities proceedings. In most cases, such proceedings are part of the divorce process. However, GALs do not concern themselves with questions of property or fault. Their aim is entirely to obtain enough information to make a recommendation on what outcome would be in the child or children’s best interests, though they may not advise the child directly. They do this through interviews with the children and parents and accessing records which might shed light on each parent’s financial, physical, and mental situation.

The stores are filled with sales on pencils, notebooks, folders, and backpacks. This could only mean one thing: it is back-to-school season! If you are a parent, you have probably been buying supplies, meeting new teachers, and getting back into the swing of the school year. Things may be especially chaotic if you have recently split from your spouse. How can parents manage school schedules and responsibilities while sharing parental responsibilities with their ex? There is no perfect way to co-parent but experts do have some advice for newly divorced parents helping their child go back to school.

• Do not be afraid to involve the school staff. If you are worried about how your child will deal with the strain of school on top of dealing with a changing family, you are not alone. Many families have found themselves in a similar position. The teachers, counselors and other school staff have probably helped dozens of students through such family changes. Do not be afraid to reach out and let your child’s teacher know what is going on at home.
• Check the school’s website for valuable information. As technology becomes a greater and greater part of our everyday lives, many schools are utilizing the internet in order to communicate with parents. Make sure you get on any email or text lists your child’s school may use and check out the school’s website for information. Many schools even post grades online so that parents can see how their children are doing in their classes.
• Get on a consistent schedule. Parenting experts agree that children thrive when their lives are predictable and scheduled. If it is possible, talk to your ex and work out when the child will wake up and when he or she will go to sleep. Will he or she finish homework before or after dinner? Try to have a similar schedule and rules as the child’s other parent.
• Avoid burdening your child with adult worries. As tempting as it is to “trash-talk” a deadbeat ex, doing so will only burden your child with information that they are not equipped to handle. Even if you do not get along with the child’s other parent, remember that they are still an important part of your child’s life. If you need to have a tough conversation with your ex, stick to the facts, and keep the details between the adults.
• Communicate with the other parent. Those who share a child with an ex-spouse are in a different situation than those who do not. Divorced couples who do not have children are able to make a clean break from each other. Once a divorce is finalized, they can move on with their lives. Couples who share a child do not have this ability. Even though you have decided not to be in a romantic relationship with your child’s other parent, you will still have to communicate with him or her regarding your child’s well-being. It can be a difficult process but your child will be happier and healthier for it.

We Can Help

If the back-to-school season has revealed issues that need to be addressed in your parenting plan, contact an experienced Wheaton family law attorney. Call 630-407-1225 for a free consultation with the Andrew Cores Family Law Group today.

In Illinois, it is very unusual for a family court to deny visitation to a parent entirely, even if that parent has legal problems. The presumption that having both parents in a child’s life is accorded a place of paramount importance by family court judges, and as such, it is becoming more and more common for visitation schedules to be worked out with incarcerated parents. While it is possible for your parenting time rights to be denied or terminated if you are incarcerated, it is also common to still be awarded at least some time with your children.

If You Are Incarcerated During Divorce

One of the most important things to be aware of is that if you are incarcerated before your divorce, your spouse automatically gains primary responsibility for your children unless there is a pressing reason not to follow this pattern. In other words, Illinois courts recognize a rebuttable presumption that an incarcerated parent will not be the more fit of the two. If you are able to demonstrate why your spouse should not necessarily have the majority of the parenting time, you may be able to obtain shared parental responsibilities but you must show that you can make decisions for your child.

It is not uncommon after a divorce that one or both spouses express a desire to relocate, whether their intent is to change jobs, to get a fresh start, or for some other reason. However, if there are children involved in the marriage and divorce, it is incumbent upon all involved to have a discussion about where one is able to relocate and still have contact with their children, presuming contact is still a desired goal. Illinois law regarding relocation was amended at the beginning of last year, so some well-meaning parents may not even be aware that restrictions are now different. Still, the consequences can be significant for those who do not follow the law.

Notice Is Mandatory

The first thing to be aware of when discussing relocation ability is that notice must be provided to the other parent in writing, and it must be at least 60 days before the planned relocation if possible. If not, “as soon as practicable” will generally suffice. You must provide your new address and moving date (if known), as well as a rough approximation of how long the relocation will last if it is intended to be temporary. For example, a military servicemember may seek to relocate with his or her children for the duration of their assignment at a specific base or posting.