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How Divorce Mediation Protects Children
Divorce is a stressful process no matter what method you choose. While spouses are busy dividing their union into two separate lives, researchers recommend they do their best to make sure any children they share stay atop the priorities list. Although children may say they are fine with the situation, the process is always emotional and confusing. The final result may be a new living arrangement and lifestyle. They will likely miss at least one parent every day, and possibly lose friends at school due to a relocation.
Parents looking for an alternative to divorce litigation will find divorce mediation offers an opportunity to both protect and prioritize their children. Divorce mediation benefits include:
Parents Lead by Example
There are no benefits derived from a child witnessing their parents argue. Although spouses can terminate their marriage, they will always be parents. Divorce mediation avoids the emotional courtroom arguments by allowing both parties to come together and discuss their options civilly. If emotions begin to escalate, they can walk away and revisit the matter once tensions have subsided. Mediation is an excellent chance to teach children a valuable lesson, that no matter what hard feelings may exist, you can put them aside and compromise for the betterment of everyone involved.
Do Grandparents Have Visitation Rights in Illinois?
Grandparents play a pivotal role in family structure. Parents provide for their children, discipline them, keep them safe, and teach them to be functioning members of society. Grandparents, on the other hand, provide unconditional love, wisdom, and a link to family history. Research suggests having a strong grandparent-grandchild connection has long-term benefits. Unfortunately, in some cases, grandparents find themselves unwelcome near their grandchild.
If a parent or parents refuse to allow visitation, do Illinois courts grant grandparents visitation rights?
Child Visitation at Parent’s Discretion
The laws surrounding parenting time and visitation focus on what is in the best interests of the child. In Illinois, the court assumes the parent also has that in mind and does not intend to intervene. Furthermore, the rights of a fit parent are constitutionally protected. It is right of the parents, not the court, to determine with whom their children should interact. Unless the actions of the parent are harmful or otherwise detrimental to the child in question, the courts typically rule in favor of the parent.
Restricting Parenting Time After Divorce in Illinois
There are a multitude of reasons a parent may wish to restrict visitation between a child and their other biological parent. Sometimes there is evidence of neglect or abuse, and in other cases, the child does not want to go for their own reasons. No matter the situation, a parent’s natural instincts kick in to protect their child and do what is best for them. Yet you must balance that with what is also legally appropriate.
When it comes to parenting time in Illinois, is it ever permissible to restrict visitation?
Obstructing Court Order
Typically, only under the direst of circumstances will a judge restrict visitation to a biological parent. However, a clause exists protecting children from potential danger. After any court order is given, such as a parenting time agreement, only a judge can legally approve modifications. Non-compliance with a standing court order is illegal and can result in harsh penalties, but a judge can authorize modifications if evidence exists that visitation would endanger the child's physical, mental, moral, or emotional health in a serious manner.
An Explanation of the Father’s Rights Movement
Until recent years, the rights of a father to their biological child largely depended on their marriage to the child’s mother. However, with nearly half of all marriages ending in divorce, much of our society is waiting until later in life to marry, or opting to avoid marriage altogether. The number of unwed mothers delivering children has risen from 4 percent in 1950 to nearly 40 percent each year since 2008, which has left many fathers without rights to their offspring. As non-marital children become a societal norm, more biological fathers are pushing for their natural rights, which has become known as the Father’s Rights Movement.
A Child’s Benefit to Having a Father in their Lives
There has never been a question regarding the bond between a mother and a child. Traditionally, mothers were arguably the most critical person in a child’s life. The mother was caring, supportive, and protective. However, fathers also play a pivotal role in their child’s life. They can also be caregivers, nurturers, and disciplinarians. Studies show children who grow up with a father figure:
Navigate Grief Through Divorce Mediation
Psychological experts agree grief is the emotion most frequently experienced during a divorce, although it is sometimes disguised among its multiple stages. Even the fortunate couples who have an amicable divorce feel grief. Separation often feels like a loss, whether it is losing the relationship, the dream of “happily ever after” they hoped for on their wedding day or even the marital assets accumulated during the marriage.
The various stages of grief can have a significant impact on the divorce process, no matter which route a couple chooses. However, through alternative dispute resolution (ADR) and mediation, intense emotions are both expected and resolved, which allows all parties the opportunity to find peace in a difficult situation.
Think Twice Before Moving Out During Divorce
The first thought that often comes to mind for many people once divorce becomes a reality is, “Who is moving out?” The idea of staying in the same city, let alone the same house, is typically too overwhelming to bear, and someone decides to leave the residence. Before you pack your bags and head for the door, you may want to reconsider.
Door May Not Reopen When Leaving Home During Divorce
Sometimes the feel, noise, and finality of slamming door are satisfying. The motion brings a physical release and closure to a heated argument loaded with emotion. However, if you walk out that door, you may not be able to get back in, and your ex-spouse then has possession of everything inside.
If you are both in the home and neither of you want to leave, your spouse would have to ask the court to have you removed from the house, which takes time. Usually, with a “stay away” order, a judge only removes an individual if they are found guilty of domestic violence or are in some way endangering their ex and children.
New Year, New Move? Relocation and Children After Divorce
Adjusting during and after a divorce is often difficult for children. Experts believe children adapt better to life after a divorce when they continue a relationship with both parents. Illinois lawmakers agree and have several legal guidelines in place to prevent the unnecessary separation of children from their parents. However, we understand that no two situations are identical, and in some cases, it is in the best interest of the child to relocate.
Before packing your bags, consider these laws if you are weighing your options for a possible upcoming relocation:
Local Moves
The primary focus of child relocation laws is to uphold the best interests of the child without infringing upon the rights of either parent. These regulations also serve as a strong reminder that relocating with a child should not be taken lightly. With that, if you live in DuPage County or the surrounding areas, you do not need the approval to move so long as you remain within 25 miles of the original residence.
Could a Divorce Actually Make You Happier?
You did not get married in the hope or intention that, one day, you would get divorced. If you and your spouse are like most people, you almost certainly walked down the aisle with fantasies of a happy life together, no matter what obstacles life put in your way. The reality, however, is that the “happily ever after” ending is not always possible for a given couple—at least not together. Fortunately, it may be possible for you to re-establish yourself in the wake of your divorced and to find the happiness you never dreamed possible, especially as you struggled through an unhappy or unhealthy marriage.
Free to Be You
When you entered into your marriage, you likely gave up some of yourself. Many spouses sacrifice party of their identity in order to forge a new one as a couple. Investing in the marriage is not always a bad thing, but when the relationship goes south, it can make you feel like you lost a part of yourself. During and after you divorced, take some time to discover who you are now, who you wish to be in the future, and how you might get there. Give yourself the liberty to look into new hobbies and ideas—maybe even career choices. It is no longer important what your spouse thinks or wants. This time is about you. Regaining a sense of yourself can help you acclimate to your post-divorce life.
Understanding Significant Decision-Making Responsibilities
One of the most challenging aspects of being a divorced or unmarried parent is the idea of sharing parental duties with your former partner. Each person often has an idea of how a should be raised, and these ideas may vary—even when both parents are reasonable and have good intentions. Conflicting parenting ideas can lead to confusion and uncertainty on the part of the child, so it is important for parents to cooperate in creating a parenting plan that lays out each parent’s role in regard to making significant decisions that affect the child.
Defining Significant Decisions
According to the Illinois Marriage and Dissolution of Marriage Act (IMDMA), significant decisions include those related to “issues of long-term importance in the life of the child.” The IMDMA offers several examples of concerns that are considered to be significant decisions, including:
Five Reasons to Hire a Divorce Lawyer
While the “half of all marriages end in divorce” idea is not entirely accurate, divorce has become a common enough occurrence that many people look to keep their costs down by using do-it-yourself legal websites and filing their own documents. In some cases, this approach may work out fine, but most couples will save time, stress, and yes, even money by working with a qualified divorce attorney. There are many reasons to partner with a skilled lawyer during your divorce, including these most common ones:
1. Experience Matters
A family law firm handles divorce cases every day. This means even relatively young lawyers quickly gain experience with all types of circumstances and unique challenges. Lawyers understand the law, know the local court systems, and are often familiar with the judges themselves. Legal professionals can also bring up important issues that a divorcing couple may not think about when managing a divorce on their own.