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Navigating The Nuances of LGBTQ+ Divorce in Illinois

The end of a marriage is always challenging for the couple involved, and the impact on family members can be significant. This holds true for those in LGBTQ+ marriages as well. If you’re going through a divorce, striving for an amicable resolution is crucial.

Same-sex marriage became legal in Illinois on June 1, 2014, thanks to the Illinois Religious Freedom and Marriage Fairness Act signed by Governor Pat Quinn on November 20, 2013. This law also allowed civil unions in Illinois to be converted to marriages within a year. 

However, despite these strides, LGBTQ+ couples encounter unique complexities in divorce, including legal nuances and emotional hurdles. Support and guidance from a skilled divorce attorney are crucial to help navigate divorce effectively. Here’s what you need to know.

Understanding LGBTQ+ Divorce in Illinois

Navigating a gay divorce involves grappling with legal frameworks that may still be evolving in some jurisdictions. While marriage equality is recognized in many places, the intricacies of divorce laws can vary widely. Moreover, dealing with societal attitudes and biases can add stress to an already challenging situation.

In Illinois, same-sex couples seeking a divorce must adhere to specific criteria. Firstly, they must be legally married. Additionally, they must fulfill the 90-day residency requirement and file for divorce in their county. Irreconcilable differences serve as the primary grounds for divorce, as is the case for all couples in the state. The divorce proceedings typically encompass a blend of out-of-court negotiations, courtroom litigation, and mediation sessions.

Given the intricate nature of divorce proceedings, same-sex couples should seek the guidance of a divorce attorney well-versed in the nuances of same-sex divorce. Getting the help you need will not only help ensure adherence to legal procedures and provide valuable resources for emotional support throughout the process.

Understanding Illinois Asset Division

Asset division can be contentious in any divorce, including for LGBTQ+ couples. Illinois Asset division divides marital property and debts between spouses fairly and equitably. It’s essential to understand that the goal is not necessarily to divide everything equally but rather fairly, considering the unique circumstances of the marriage. Here’s how it works:

  1. Contribution to the Marriage: The court looks at what each spouse brought to the marriage regarding money and non-money contributions like caring for the home or children.
  2. Duration of the Marriage: How long the marriage lasted matters, as it can affect how assets are divided.
  3. Economic Circumstances: Each spouse’s financial situation, including income and needs, is considered.
  4. Non-Marital Property: Things owned before marriage or received as gifts or inheritance during marriage may not be split.
  5. Custodial Arrangements: If there are kids, the court looks at the allocation of parental responsibilities and how it impacts finances.
  6. Spousal Support (Alimony): Whether one spouse needs support payments is factored in.
  7. Tax Consequences: Taxes resulting from asset division are considered to make things fair.
  8. Wasteful Dissipation: If one spouse recklessly spends or wastes money, it can affect the division.
  9. Future Needs: The court considers what each person will need, especially if one is in a tougher spot after the divorce.
  10. Agreements: Any agreements made before or during the marriage, like prenups, are considered if they meet legal standards.

A skilled divorce attorney can help prioritize your best interest regarding asset division. It’s important to note that equitable distribution doesn’t always mean a perfect 50/50 split. It’s about creating a fair and just arrangement based on each family’s unique situation. This process can be tricky, so it’s a good idea to work with a skilled family law attorney to help ensure your rights are protected during asset division in Illinois.

Allocation of Parental Responsibilities

In Illinois, same-sex couples enjoy equal rights to opposite-sex couples concerning the allocation of parental responsibilities and divorce. However, there are distinct legal considerations that LGBTQ+ couples may encounter during divorce. This includes the following: 

  1. The child is born while the spouses are married to each other.
  2. The child is born after the marriage is terminated. It must be within 300 days after that termination.
  3. In the first two situations, the couple attempted to enter into a marriage or civil union “in apparent compliance with the law.” However, that marriage or union is later terminated or declared invalid for some reason.
  4. A person marries the birth mother after the child is born and consents to being added to the birth certificate.

Additionally, the court may evaluate if one parent is unwilling or unable to engage in co-parenting, potentially leading to a sole parental determination. The law encourages parents to collaborate on crucial child welfare decisions, including education, healthcare, religion, and extracurricular activities. Courts prefer shared responsibility between parents and may allocate it to one if necessary. If parents fail to reach an agreement on a parenting plan, a judge may employ the same criteria utilized in opposite-sex couples’ divorces to decide parental responsibilities.

A skilled divorce attorney can effectively advocate for the children’s best interests while nurturing a positive co-parenting dynamic.

Emotional Support and Healing

Beyond the legal intricacies, the emotional toll of divorce can be profound. For LGBTQ+ individuals, facing the end of a relationship can evoke a wide array of emotions, including feelings of isolation, rejection, and uncertainty about the future. It’s essential to prioritize self-care during this challenging time. Here are some tips for navigating the emotional journey of divorce:

  • Seek Support: Contact friends, family, or mental health professionals for emotional support and guidance.
  • Participate in LGBTQ+-Friendly Support Groups: Joining support groups or therapy sessions tailored to the LGBTQ+ community can provide a safe and understanding space to process emotions.
  • Practice Self-Care: Take time to engage in activities promoting relaxation, mindfulness, and self-reflection.
  • Be Gentle with Yourself: Understand that it’s normal to experience a range of emotions during this time, and it’s okay to give yourself permission to feel and heal at your own pace.
  • Focus on Personal Growth: Use this opportunity for self-discovery and personal growth. Explore new interests, hobbies, or goals that bring fulfillment and joy.

Taking proactive steps to address emotional well-being is crucial for navigating the challenges of divorce and emerging stronger on the other side.

Getting The Help You Need

One of the first steps in navigating the nuances of an LGBTQ+ divorce is seeking the guidance of a knowledgeable divorce attorney. Masters Law Group understands that divorce is a stressful situation and that our clients want to move on with their lives. We empower you to make informed decisions and strive for an outcome that supports your best interests and your family’s.

As such, we move through settlement negotiations, mediation, or litigation with our client’s assurance and well-being in mind. Whether you are facing an LGBTQ+ contested divorce, uncontested divorce, or civil union divorce, our firm’s divorce attorneys are ready to skillfully advocate for your position and provide your voice when you need it most.

Final Thoughts

As we close out Pride Month, Masters Law Group reaffirms its commitment to supporting all members of the LGBTQ+ community, including those navigating divorce. By fostering empathy and understanding, we can help LGBTQ+ individuals emerge from divorce stronger and ready to embrace new beginnings. You don’t have to navigate this journey alone. With the guidance of our compassionate divorce attorneys and a supportive community, healing and closure are within reach. 

Contact us today to schedule your complimentary consultation.

Tips For Celebrating Father’s Day Amidst Divorce

Father’s Day holds special significance as a time to honor and celebrate the father figures in our lives. Yet, for dads navigating divorce, finding the balance of co-parenting and managing new parenting schedules can feel overwhelming.

The number of children living solely with their fathers has increased over the past few decades. In 1968, only 0.8 million children lived with their fathers. That number has grown to 3.3 million today, reflecting a shift toward fathers taking on roles traditionally reserved for mothers. While divorce and separation have become more common over time, it also provides hope that affected individuals still thrive despite its challenges.

In this blog, we’ll explore strategies for navigating Father’s Day, with tips for supporting your children, focusing on what you can control, and how a family law attorney can provide assistance. Here’s what you need to know.

PLAN FATHER’S DAY ACTIVITIES IN ADVANCE

Planning is one of the most crucial steps to a smooth Father’s Day celebration amidst divorce. Last-minute arrangements can lead to stress and misunderstandings. Here are some key considerations to help you effectively plan for Father’s Day:

  • Make a plan in advance: Discuss and agree on the Father’s Day schedule well in advance. This helps avoid last-minute conflicts and helps ensure both parents are on the same page regarding visitation arrangements. Planning early also allows for adjustments if needed, giving everyone extra time to prepare and make necessary arrangements.
  • Involve the Children: Consider your children’s wishes and feelings when planning for Father’s Day. Ask them how they would like to celebrate and try incorporating their ideas into the plan. Involving them in your plan helps their voices be heard, making them feel included in the celebration. Whether it’s a special outing, a homemade gift, or simply spending quality time together, involving the children in planning can make the day more meaningful for everyone.
  • Be Flexible: While planning is important, it’s also essential to remain flexible. Unexpected events or changes in circumstances may require adjustments to the original plan. Being open to flexibility and willing to accommodate each other’s needs can help prevent conflicts and provide a more enjoyable Father’s Day for all involved.

By proactively planning and considering the preferences of all parties involved, you can help ensure that Father’s Day is a positive and memorable experience amidst divorce.

CREATE NEW FATHER’S DAY TRADITIONS

Starting new traditions with your children for Father’s Day offers an opportunity to infuse the occasion with fresh meaning and excitement. It’s a chance to help create unique experiences and strengthen your bond as a family. Whether navigating Father’s Day in between a divorce or simply seeking to revitalize the celebration, establishing new traditions can be fun and rewarding. 

  • Consider Everyone’s Interests: Choose activities that cater to your interests as a father and your children’s preferences. Whether it’s a nature hike, a cooking session, or a fun craft project, find activities everyone can participate in and enjoy.
  • Make it Meaningful: Infuse your new traditions with meaning and significance. Consider incorporating elements that reflect your family values or create opportunities for bonding and quality time together.
  • Document the Memories: Capture the moments and memories created during your new traditions. Take photos, write in a journal, or create a scrapbook to preserve these special moments for years to come.

These new traditions can become cherished rituals that you and your children look forward to each year, strengthening your connection and creating lasting bonds of love and joy.

FOCUS ON WHAT YOU CAN CONTROL 

If you’re navigating Father’s Day amidst a divorce, it’s important to focus on what you can control and let go of what you cannot. While you may not be able to control your ex-partner’s actions or attitudes, you can control your response and behavior. 

  • Practice Self-Care: Take care of yourself emotionally and physically before Father’s Day. Engage in activities that bring you joy and relaxation, whether spending time with friends, practicing mindfulness, or pursuing a hobby.
  • Stay Present: Instead of dwelling on the past or worrying about the future, focus on being present and enjoying your time with your children.
  • Seek Support: If you feel overwhelmed or emotional, lean on friends or family. Surround yourself with positive influences who can offer encouragement and perspective.

A family law attorney can offer guidance and legal advice to help you develop a plan that provides clarity and structure throughout the planning process. With a clear plan, you can aim for special celebrations filled with warmth and understanding.

ABIDE BY YOUR PARENTING PLAN 

A parenting plan can help alleviate potential conflicts, including those surrounding occasions like Father’s Day. It provides a comprehensive framework for both parents to follow, reducing ambiguity and promoting smoother communication and cooperation. 

Once you receive a parenting plan after divorce, it’s not open for negotiation. Short of approval for an order modification, both parents are expected to follow their parenting plan as it’s written.

Essential components to have in your plan include:

  • Residence arrangements for the child.
  • Allocation of parenting time for each parent.
  • Protocols for sharing information and records concerning the child.
  • Transportation arrangements for parenting time.

Both parents must sign the plan indicating they agree on all the document terms when filing one plan. If parents do not agree, they must file separate plans. The court will look at each detail of both plans to determine what’s in the best interest of the child or children. Seeking a divorce attorney’s assistance can help facilitate productive discussions and formalize any changes to the parenting plan.

ALLOCATION OF PARENTAL RESPONSIBILITIES

If you have followed the tips above and are having trouble reaching an agreement, an Allocation of Parental Responsibilities can help. Understanding the allocation of parental responsibilities is crucial for fostering a cooperative co-parenting relationship. In Illinois, there are three primary types of child allocation of parental responsibilities:

  • Joint allocation of parental responsibilities requires parents to collaborate on decision-making regarding their child’s education, healthcare, religious instruction, and other essential matters. The parents will agree, or the court will assign a residential parent. The non-residential parent will provide child support and have designated parenting time, as determined by a parenting time agreement or court order.
  • Sole allocation of parental responsibilities refers to an arrangement where one parent assumes full responsibility for making decisions concerning the child’s well-being. However, it doesn’t imply that the other parent is wholly excluded from the child’s life.
  • Shared allocation of parental responsibilities is a variation of joint allocation. It is suitable when the child spends equal time with both parents. The parents live in the same school district and can co-parent effectively. 

For fathers facing challenges in navigating parental responsibilities, seeking help from a family law attorney can be valuable. An attorney can provide legal advice and help establish a parenting arrangement that serves the child’s best interests while addressing both parents’ needs and concerns.

WORKING WITH MASTERS LAW GROUP

Celebrating Father’s Day amidst a divorce requires careful planning and focusing on the children’s well-being. Remember, the goal is to honor the father’s role in your children’s lives while fostering a cooperative co-parenting relationship.

At Masters Law Group, our goal is to help clients assert their rights to help protect the best interests of their children. Partner Anthony G. Joseph brings valuable insights to our firm as both a father and an experienced practitioner in divorce cases. He is also an approved Guardian Ad Litem and Child Representative listed for the Domestic Relations Division of the Circuit Court of Cook County.

With a strong focus on assisting clients in Chicago and Chicago’s Western Suburbs (Elmhurst, Hinsdale, DuPage, Oakbrook), we offer various services to help parents, children, and families through difficult times like divorce and allocation of parental responsibilities. If you face challenges navigating Father’s Day amidst a divorce and want to know your rights, don’t hesitate to reach out. 

Contact us today to set up your complimentary consultation.

Summer Break Tips for Recently Divorced Parents

With the end of the school year quickly approaching in the Chicagoland area, parents are preparing to have their kids back home full-time. For recently divorced parents, summer break can come with its own set of complexities and emotions.

More than a million U.S. children are affected by divorce each year, and according to the Center for Disease Control and Prevention (CDC) roughly 50% of American children will witness their parents’ divorce. Navigating the intricacies of handling divorce is crucial to helping children experience a stress-free and enjoyable summer. Whether you’re facing your first summer as a single parent or a seasoned co-parent, here are some essential tips to help you navigate summer break smoothly.

Understanding Parental Responsibilities

Summer schedules can become complex quickly, with changes in parenting arrangements and the need to coordinate holiday time with a former spouse. Parental responsibilities encompass both parenting time and decision-making authority. Parenting time, formerly called “visitation,” outlines the schedule for each parent’s time with the children. A family court judge determines and approves this schedule and intervenes if parents cannot agree.

Decision-making authority pertains to significant aspects of the child’s life, including education, health care, religious upbringing, and extracurricular activities. Divorced parents can share these responsibilities jointly or allocate them into specific categories. If the parents can’t agree on who gets what responsibility, the Illinois family court judge will allocate those responsibilities among them. Let’s explore some tips to help make your co-parenting a breeze this summer.

Flexibility is Key for Divorced Parents

As the anticipation of summer builds, sitting down with your ex-partner to discuss and plan the upcoming summer schedule ahead of time is crucial. This proactive approach helps coordinate vacations, camps, and other summer activities. A well-thought-out plan can help parents and children look forward to an exciting and memorable summer. With a clear plan, you can preempt last-minute conflicts and ensure that both parents enjoy quality time with their children during this special time of year.

In co-parenting, flexibility is crucial, especially during the summer months when schedules tend to be more fluid. Remember that flexibility benefits you and contributes to a positive experience for your children. By embracing flexibility and working with your ex-partner, you can create a summer filled with cherished memories for the whole family.

Have Clear Holiday Parenting Plans

Summer break often means a break from the usual routine. And if you’re newly divorced parents, it can be a stressful time trying to navigate the change without disturbing the peace. A clear co-parenting plan can provide stability and predictability for you and your children. Take this opportunity to revisit your parenting plan and how you and your ex-spouse share outlined responsibilities and decisions regarding your children. 

If you’re unsure about how to create or modify your co-parenting plan, seeking the assistance of a family law attorney can be incredibly valuable. A family law attorney can offer guidance and legal advice to help you develop a plan that provides clarity and structure throughout the summer season.

Open Communication is Key

Summer is often filled with special occasions and planned trips. Keeping the lines of communication open is a proactive way to discuss any concerns or potential changes to the schedule. This level of openness promotes transparency and can help reassure children that summer can still be enjoyable despite changes in the family dynamic. 

Regular check-ins help ensure that both parents are on the same page. Whether it’s a quick phone call, text message, or face-to-face meeting, check-ins provide an opportunity to address any issues. By prioritizing open communication, you can foster a cooperative co-parenting environment that benefits everyone involved.

Put Your Children First

Parents, caregivers, and educators play a vital role in supporting children emotionally during and after a divorce. Research indicates that children often face significant challenges during this period, particularly in the first year or two post-divorce. It’s crucial to recognize that each child is unique, with their own set of feelings and needs.

Pay close attention to your children’s emotions and requirements, offering support if they struggle with the changes brought about by the divorce. While disagreements may naturally arise, strive to minimize conflicts, especially when in the presence of the children. Cultivate a positive co-parenting relationship, placing the well-being of your children at the forefront of your priorities.

However, if conflicts persist despite efforts to resolve them amicably, seeking assistance from a family law attorney may be necessary. They can provide guidance and support to help navigate legal complexities while ensuring the best interests of your children remain the primary focus.

Work with a Family Law Attorney

If you’re facing significant challenges or disagreements with your co-parent, consider seeking guidance from a family law attorney. An experienced family law attorney can help by providing valuable advice and helping you navigate complex legal issues related to custody, visitation, and parenting plans. 

At Masters Law Group, our family law attorneys focus on helping clients assert their rights to further the best interests of their children. Attorney Erin E. Masters is a court-appointed Child Representative with experience advocating for children in these high-conflict matters. Attorney Anthony G. Joseph is an approved Guardian Ad Litem/Child Representatives list for the Domestic Relations Division of the Circuit Court of Cook County.

With a strong focus on assisting clients in Cook County and DuPage County, Illinois, we offer various services to help parents, children, and families through difficult times like Divorce, Allocation of Parental Responsibilities, and more.

Final Thoughts

Summer break can be a time of fun and relaxation for both parents and children, even after a divorce. By planning ahead of time and communicating effectively to put your children’s best interests first, you can easily navigate the summer months. 

If you require legal assistance, contact a member of our legal team today. Our family law attorneys will work with you to develop an appropriate action plan for your unique needs and goals. We will work diligently on your behalf and provide regular updates.

Contact us today to set up a complimentary consultation.

Navigating Divorce on Mother’s Day

As Mother’s Day approaches, moms going through a divorce may be experiencing sadness, loneliness, and guilt. However, the most important thing to remember is that it can also be painful for your children, but it doesn’t have to be. How can you move past these negative feelings and enjoy the celebration that you deserve? Plan new traditions!

Mother’s Day is a special occasion dedicated to honoring the mother figures in our lives for their love and selfless sacrifices. However, for mothers going through divorce, finding a balance through this transitional period can feel like an overwhelming and emotional challenge.

Approximately 50% of all children in the United States will witness the end of their parents’ marriage, underscoring the significant impact divorce can have on families. While divorce and separation have become more common over time, it also provides hope that affected individuals still thrive despite its challenges.

In this blog, we’ll explore strategies for navigating Mother’s Day, with tips for supporting your children, maintaining focus on what you can control, and how a family law attorney can help. Here’s what you need to know.

Understanding Children’s Emotions in Divorce

Divorce can be particularly challenging for children, and occasions like Mother’s Day may exacerbate many different emotions. Providing emotional support and creating a safe environment for your children to express themselves is crucial as a divorced parent. It’s important to recognize the signs of reactions exhibited by children, including:

  • Feelings of sadness and loss: Children may experience a sense of grief and mourn the loss of the intact family they once knew.
  • Anger and resentment: Children may express their frustration and anger over the divorce, often directed towards one or both parents.
  • Anxiety and insecurity: The stability and routine they once relied upon may be disrupted, leading to feelings of uncertainty and anxiety about their future. They may worry about their living arrangements, school changes, and how their relationships with their parents will be affected.
  • Academic and behavioral challenges: Divorce can impact a child’s educational performance and behavior. They may struggle to concentrate, exhibit aggression, withdraw, or act out to cope with their emotions.

Understanding the effects of divorce on children is crucial to providing them with the necessary support during this challenging time. Let’s look at how parental responsibilities and parenting time can be beneficial during this difficult transitional period.

Parental Responsibilities Tips for Mother’s Day

Parental responsibilities include two main items: parenting time (formerly “visitation”) and the power to make decisions for children. Parenting time is a schedule that shows when each parent spends time with the children. This schedule is created and approved by a judge in family court. If the parents can’t agree on the schedule, the judge will decide what’s best for the child and assign a schedule for the parents.

Parental responsibilities also refer to the decision-making obligations each parent will have on behalf of the child. Parents can agree to make these decisions together or divide them into categories, which should cover the following:

  • Education
  • Health
  • Religion
  • Extracurricular Activities

If the parents can’t agree on who gets what responsibility, the Illinois family court judge will allocate those responsibilities among them. Let’s dive into some tips to help you make co-parenting easier this Mother’s Day.

Review and Update Your Parenting Plan

One of the first steps in navigating Mother’s Day after a divorce is establishing clear guidelines for parental responsibilities. Crafting a parenting plan that addresses special occasions like Mother’s Day requires a well-thought-out agenda that can help alleviate confusion and minimize conflict. When creating a parenting plan for Mother’s Day, consider the following:

  • Alternating Years: Decide whether Mother’s Day will be alternated between parents each year or if there will be separate celebrations with each parent.
  • Flexibility: Be open to flexibility and compromise. Sometimes, unexpected circumstances may arise, and being willing to adjust plans accordingly can help benefit everyone involved.
  • Respect Boundaries: Respect each other’s boundaries and wishes regarding Mother’s Day celebrations. If one parent prefers to spend the day alone with the children, honor that request and find alternative ways to celebrate.

Try to maintain a united front regarding co-parenting decisions. Keeping children out of adult conflicts can help reassure them of your love and support.

Keep an Open Line of Communication

Effective communication with your co-parent can be key to successfully navigating Mother’s Day. While emotions may run high, maintaining a respectful and cooperative co-parenting relationship is essential for the well-being of your children. This partnership can help reassure children that special events can still be celebrated despite changes in the family dynamic.

Discuss plans for Mother’s Day to avoid last-minute conflicts or misunderstandings. Clearly outline expectations and responsibilities to help ensure a smooth celebration. Be willing to compromise and accommodate each other’s schedules and preferences. Remember that the focus should be on what’s best for the children, even if it means adjusting plans. 

Ways to Build New Family Traditions after Divorce

We’ve compiled a list of three, great ideas for newly divorced couples with families to create new traditions in the next chapter of their lives and the lives of their kids.

  • Plan Your Getaway: Starting a yearly vacation tradition with your family can be incredibly rewarding. You might opt to revisit a beloved destination annually, or perhaps you’ll gather everyone’s input to decide on a new adventure each year. This special time away gives everyone something to eagerly anticipate and offers a valuable opportunity to reconnect amidst the hustle and bustle of daily life.
  • Acknowledging Change: It’s unrealistic to expect life to remain unchanged post-divorce. Significant adjustments lie ahead, and it’s essential for everyone involved to recognize and accept this reality. However, this transition also presents an opportunity to establish new plans and traditions for the future. Clear communication about custody arrangements and upcoming events helps set expectations and fosters a sense of stability for all.
  • Embrace Flexibility: Flexibility can be a cornerstone of amicable divorces, though it can be challenging when tensions run high. Yet, being open to compromise can benefit everyone involved. For instance, offering to adjust your schedule to accommodate your ex-spouse’s plans for a special event demonstrates goodwill and may pave the way for reciprocal flexibility down the line.

Focus on What You Can Control This Mother’s Day

Finally, in navigating Mother’s Day after a divorce, it’s important to focus on what you can control and let go of what you cannot. While you may not be able to control your ex-partner’s actions or attitudes, you can control your response and behavior. Here’s how to focus on what you can control:

  • Practice Self-Care: Take care of yourself emotionally and physically before Mother’s Day. Engage in activities that bring you joy and relaxation, whether spending time with friends, practicing mindfulness, or pursuing a hobby.
  • Stay Present: Instead of dwelling on the past or worrying about the future, focus on being present and enjoying your time with your children.
  • Seek Support: If you feel overwhelmed or emotional, lean on friends or family. Surround yourself with positive influences who can offer encouragement and perspective.

A family law attorney can offer guidance and legal advice to help you develop a plan that provides clarity and structure throughout the planning process. With a clear plan, you can aim for special celebrations filled with warmth and understanding.

How Masters Law Group Can Help

Navigating Mother’s Day after a divorce requires patience and a willingness to prioritize the well-being of your children above all else. At Masters Law Group, our family law attorneys focus on helping clients assert their rights to further the best interests of their children.

As a mom herself, Partner Erin E. Masters can empathize the pain moms must go through when navigating divorce proceedings, especially over Mother’s Day. To help mother’s across Illinois, Erin is also a court-appointed Child Representative with experience advocating for children in these high-conflict matters. Furthermore, Partner Anthony G. Joseph is an approved Guardian Ad Litem/Child Representatives list for the Domestic Relations Division of the Circuit Court of Cook County.

With a strong focus on assisting clients in Chicago and Chicago’s Western Suburbs (Elmhurst, Hinsdale, DuPage, Oakbrook), we offer various services to help parents, children, and families through difficult times like divorce and allocation of parental responsibilities. If you face challenges navigating Mother’s Day after or during divorce and want to know your rights, don’t hesitate to reach out. Set up a complimentary consultation today.

Navigating the Holiday Season During Divorce: A Co-Parenting Guide

When we think of the holidays, we think of happiness and being surrounded by our loved ones. However, it can present a unique set of challenges for divorced – or divorcing – parents.

Whether this is your first holiday season post-divorce, amid a divorce, or you’re a seasoned co-parent, effective preparation and clear communication are crucial for a fulfilling holiday experience for your children.

Given that a divorce occurs approximately every 36 seconds somewhere in the United States, the importance of finding peaceful ways to co-parent cannot be more important. In this blog, we aim to provide practical tips and insights to help provide a peaceful holiday for you and your children. Here’s what you need to know.

Understanding Parental Responsibilities

It’s important to know that “custody” is no longer used. It is now called “parental responsibilities.” This includes two main things: parenting time (formerly “visitation”) and the power to make decisions for children. Parenting time is a schedule that shows when each parent spends time with the children. This schedule is created and approved by a judge in family court. If the parents can’t agree on the schedule, the judge will decide what’s best for the child and assign a schedule for the parents.

Parental responsibilities refer to the decision-making responsibilities that each parent will have on behalf of the child. Parents can agree to make these decisions together or divide them into categories, which should cover the following:

  • Education
  • Health
  • Religion
  • Extracurricular Activities

If the parents can’t agree on who gets what responsibility, the Illinois family court judge will allocate those responsibilities among them. Let’s dive into some tips that will help you make co-parenting easier this holiday season.

1. Review and Update Your Co-Parenting Plan

During the emotional and often stressful period of divorce, having a clear co-parenting plan can provide stability and predictability for both you and your children. This plan should outline how you and your ex-spouse will share responsibilities and make decisions regarding your children. If you’re unsure about how to create or modify your co-parenting plan, seeking the assistance of a family law attorney can be incredibly valuable.

A family law attorney can offer guidance and legal advice to help you develop a plan that provides clarity and structure throughout the holiday season. With a clear plan, you can aim for holiday celebrations filled with warmth, understanding, and the season’s magic.

2. Prioritize Communication and Planning

Children flourish when they have stability. To create a harmonious holiday season, it’s vital to present a united front and communicate holiday plans clearly and calmly. Share your holiday plans, including travel details, accommodations, and emergency contacts. Stay updated on any changes or delays affecting the agreed schedule. Keeping the lines of communication open promotes transparency. By communicating effectively, co-parents can build trust between one another. This partnership can help reassure children that the holidays can still be joyful and celebratory despite changes in the family dynamic.

3. Be Flexible and Willing to Compromise

The holiday season is often unpredictable, and flexibility can be your greatest asset. While it’s important to stick to your parenting plan as much as possible, be prepared to make minor adjustments as needed. This could mean being flexible with pick-up and drop-off times or accommodating last-minute changes. The goal is to prioritize your children’s happiness and well-being, even if it means making concessions.

4. Establish and Maintain Traditions

Maintaining holiday traditions can provide a sense of continuity and comfort for children post-divorce. Work with your ex-spouse to determine which traditions to maintain and explore opportunities to establish new ones. Involving your children in this decision-making process can enhance their sense of inclusion and security. Here are some creative approaches to traditional celebrations:

  • Go out to eat instead of cooking.
  • Have a holiday picnic in a new part of the house.
  • Eat dinner while watching holiday movies.
  • Buy new holiday decorations.
  • Spend time with extended family.
  • Change your gift-giving routine.

5. Prioritize Your Children’s Needs

Parents, caregivers, and educators play a crucial role in helping children cope emotionally during and after a divorce. Studies show that children often encounter significant difficulties in these times, especially in the first year or two after the divorce. It’s essential to understand that each child is different, and what’s a big deal for one child might not be as important to another.

Pay attention to their feelings and needs, and be supportive if they struggle with the changes. Involve your child in the decision-making process where appropriate, giving them a sense of ownership and excitement about the holidays. Remember, the goal is to create lasting memories and positive experiences for your child. Lastly, try to keep negative feelings about your ex-spouse to yourself and maintain a positive attitude when discussing holiday plans.

How Masters Law Group Can Help

The holidays can be emotionally taxing, especially after a recent divorce or separation, which can intensify these emotions. It’s important to prioritize self-care to be the best parent you can be. Your family’s well-being is paramount, so don’t let the emotional strain of a custody case weigh you down.

At Masters Law Group, our family law attorneys focus on helping clients assert their rights to further the best interests of their children. Attorney Erin E. Masters is a court-appointed Child Representative with experience advocating for children in these high-conflict matters. Attorney Anthony G. Joseph is an approved Guardian Ad Litem/Child Representatives list for the Domestic Relations Division of the Circuit Court of Cook County.

With a strong focus on assisting clients in Chicago and Chicago’s Western Suburbs (Elmhurst, Hinsdale, DuPage, Oakbrook), we offer various services to help parents, children, and families through difficult times like Divorce, Parenting Time, and Allocation of Parental Responsibilities.

If you require legal assistance, contact a member of our legal team today. Our attorneys will work with you to develop an appropriate action plan for your unique needs and goals. We will work diligently on your behalf and provide regular updates.

Contact us today to set up a complimentary consultation.

The Impact of Divorce on Children: Supporting Their Emotional Well-being

Divorce is an unfortunate reality many families face, and its impact can be profound, especially on the children involved. While divorce can bring about significant changes and challenges for everyone involved, it is crucial to prioritize the well-being of children during this time. 

By understanding the effects of divorce on children and providing them with the necessary support, we can help them navigate this transition and promote their emotional resilience. In this blog, we will explore how to prepare for divorce and support your children. Here’s what you should know.

Understanding the Effects of Divorce on Children

Divorce can have various emotional effects on children, depending on their age, temperament, and the circumstances surrounding the separation. It is essential to be aware of these potential effects and address them proactively. Common emotional reactions exhibited by children include:

  • Feelings of sadness and loss: Children may experience a sense of grief and mourn the loss of the intact family they once knew. They may feel deep sadness and worry about the changes in their lives.
  • Anger and resentment: Children may express their frustration and anger over the divorce, often directed towards one or both parents. They may feel caught in conflicts and blame themselves for the situation.
  • Anxiety and insecurity: The stability and routine they once relied upon may be disrupted, leading to feelings of uncertainty and anxiety about their future. They may worry about their living arrangements, school changes, and how their relationships with their parents will be affected.
  • Academic and behavioral challenges: Divorce can impact a child’s educational performance and behavior. They may have difficulty concentrating, exhibit aggression, withdrawal, or act out to cope with their emotions.

Understanding the effects of divorce on children is crucial to provide them with the necessary support during this challenging time. Let’s look at how to prepare for divorce while supporting your children.

Preparing for Divorce and Supporting Your Children

Parents, caregivers, and educators support children’s emotional well-being during and after a divorce. Studies indicate that children often face significant challenges, particularly within the first year or two following the divorce. It is important to remember that each child is unique, and what may be substantial for one child may not hold the same weight for others. To navigate this, staying aware of your children as individuals is vital.

Encouraging open conversations with your child is essential. Provide age-appropriate information about the divorce and reassure them that the separation is not their fault while emphasizing that both parents love them. When they express their feelings, listen intently without interruption, allowing them to share their emotions freely.

Consistency and predictability provide stability amidst the changes. Establishing regular schedules for meals, bedtime, and other activities can help children feel secure amid the transition. This goes hand in hand with creating a safe and nurturing environment. This allows children to express their emotions without judgment further. Be a listening ear, validate their feelings, and offer reassurance during challenging moments.

Striving for amicable communication and cooperation with your ex-spouse is crucial. Shield children from conflicts and avoid involving them in adult issues. Establishing a consistent co-parenting plan that prioritizes the children’s well-being will contribute to their stability. If your child struggles with emotional difficulties during the divorce, consider seeking professional help, such as therapy or counseling. A trained therapist can guide and support children in processing their emotions effectively. Remember, seeking assistance is a proactive step toward their well-being.

Explore Divorce Mediation

Divorce Mediation is one of the best options to help your children through this life change and to encourage a harmonious relationship between you and the other parent.

Mediation is a form of alternative dispute resolution (ADR) that involves a neutral third party who facilitates communication between the parties to help them reach a mutually beneficial solution. Unlike a judge, the mediator does not make decisions for the parties; instead, they help the parties reach their agreement.

Mediation typically begins with both parties meeting with their mediator to discuss the issues at hand. The mediator then facilitates communication between the parties, helping them to identify and address their concerns. Once an agreement is reached, the mediator will draft a written contract that both parties can sign.

In some cases, mediation may not be successful. However, even in these situations, the parties may better understand each other’s positions and concerns, making future negotiations more straightforward, ultimately helping to minimize the impact on children’s wellbeing.

Working With Family Law Professionals

When going through a divorce, it is often beneficial to seek assistance from family law professionals who excel in navigating the legal aspects of separation, divorce and divorce mediation. The experienced family law attorneys at Masters Law Group can advise on the legal aspects of your divorce. We can help you understand your rights, obligations, and options for resolving any disputes, while providing valuable guidance and support. Our main goal is to ensure that your rights and the best interests of your children are protected. Here are some of the areas that can help you navigate:

  • Parenting Time: If you have children, work closely with your attorney to determine the best arrangements for child custody and visitation. Ensure that the agreed-upon arrangements prioritize your children’s well-being and best interests.
  • Mediation and alternative dispute resolution: Explore options such as mediation or collaborative divorce to help you and your ex-spouse reach mutually beneficial agreements outside of court. Your family law attorney can guide you through these processes and represent your interests during negotiations.
  • Post-divorce modifications: After the divorce is finalized, there may be circumstances that require modifications to child custody, visitation, or support arrangements. Stay in touch with your attorney to address any changes or issues that may arise in the future.

Remember, family law professionals are there to support you and protect your legal rights during this challenging time. Collaborating with a trusted attorney can help alleviate the stress associated with the divorce process and ensure a smoother transition for you and your children.

Final Thoughts

By prioritizing open communication and creating a safe and supportive environment, we can help children thrive despite their challenges. It is crucial to recognize and adapt our support to meet the unique needs of each child. At Masters Law Group, we understand the complexities of divorce and its effects on families.

With a strong emphasis on serving clients in Chicago’s Western Suburbs, including Elmhurst, Hinsdale, DuPage, and Oakbrook, we offer a range of services designed to assist parents, children, and families during difficult times such as divorce, parenting time, and the allocation of parental responsibilities.

Our dedicated team of attorneys is here to help if you need legal assistance. We will work closely with you to develop a personalized action plan addressing your needs and goals. Throughout the process, we will keep you informed with regular updates on your case.

Contact us today to schedule a complimentary consultation and learn how we can support you and your family during this challenging time.

Summer Vacation and Child Custody: Tips for Parenting Time

Co-parenting during the summer months can present unique challenges. With the right strategies in place, you can help make it stress-free for you and your child.

This blog will delve into valuable tips to help co-parents navigate summer vacations while maintaining a harmonious co-parenting relationship. By implementing these parenting tips, you can help ensure your child’s summer break is filled with fun, love, and quality time spent with both parents.

Read on to discover effective co-parenting techniques that will make your summer vacation successful.

What is Parenting Time?

The term “custody” is no longer used in the law. It is now called “parental responsibilities.” This includes parenting time (formerly “visitation”) and decision-making power.  Parenting time refers to the time each parent spends with their child.

Parenting time is literally just a schedule of each parent’s time with the children.  This schedule is agreed to and approved by the family court judge.  If the parents can’t agree on the schedule, the family court judge will assign the parents a schedule based on the “best interests” of the child.

Parental responsibilities refer to the decision-making responsibilities that each parent will have on behalf of the child. The parties may agree to share decision-making for the child or they may divide up the individual categories of decision-making responsibilities.

Those categories of decision-making responsibility must include:

  • Education
  • Health
  • Religion
  • Extracurricular Activities

If the parents can’t agree on who gets what responsibility, the Illinois family court judge will allocate those responsibilities amongst them. (See more below on Allocation of Parental Responsibilities).

Does Illinois Grant Equal Custody?

Approximately 40% of states in the United States strive to provide equal custody time for both parents. Courts consider the child’s best interests when determining parenting time and custody arrangements. They aim to ensure that the child maintains a strong and healthy relationship with both parents. They consider factors such as the child’s age, needs, and the ability of each parent to provide a safe environment.

Illinois courts grant parenting time and responsibilities based on the child’s best interest. This means the court only favors a mother over a father if the father negatively impacts the child.

Clear guidelines and agreements regarding parenting time and custody can help establish stability and promote effective co-parenting. Let’s take a deeper look at some helpful co-parenting methods.

Plan In Advance

Effective co-parenting requires proactive planning for summer vacation. Start by discussing your vacation plans with the other parent well in advance. This allows both of you to evaluate and discuss the feasibility of the proposed dates and destinations. Consider factors such as your child’s preferences, special events or activities they may want to participate in, and overall availability. Considering these commitments helps you avoid scheduling conflicts and ensures your child doesn’t miss out on critical activities.

Engaging in open and constructive communication with the other parent is crucial during the planning stage. Discussing your expectations and desires for the vacation allows you to find common ground and work towards a mutually agreeable arrangement. It’s essential to listen to each other’s concerns and be willing to compromise where necessary. Remember, the focus should always be on providing your child with a positive and enriching vacation experience.

By initiating discussions early, considering your child’s preferences, school schedules, and commitments, and maintaining open communication with the other parent, you can avoid conflicts and work together to create a memorable and enjoyable summer vacation for your child.

Communicate Openly

Clear and open communication is vital to successful co-parenting. Communication becomes even more critical during the summer break. Keep each other informed about your vacation plans, including travel itineraries, accommodation details, and emergency contacts. Regularly update the other parent about any changes or delays impacting the agreed-upon schedule. Maintaining open lines of communication ensures transparency and builds trust between co-parents.

Be Flexible And Compromise

Flexibility is crucial when co-parenting during summer vacation. Understand that unexpected events or last-minute opportunities may arise, requiring adjustments to the agreed-upon plans. Be willing to accommodate reasonable requests from the other parent, and consider your child’s best interests when making decisions. Maintaining a cooperative and flexible attitude helps create a positive co-parenting dynamic and allows for enjoyable vacations for everyone involved.

Create A Detailed Vacation Plan

To avoid confusion and minimize potential conflicts, create a detailed vacation plan that outlines the agreed-upon arrangements. Include travel dates, pick-up and drop-off locations, transportation arrangements, and contact details for both parents. This plan can serve as a reference point for both parents and helps ensure that everyone is on the same page.

Consider The Child’s Needs

While making vacation plans, always prioritize the well-being and happiness of your child. Consider their preferences, interests, and special considerations such as allergies or medical requirements. Involve your child in the decision-making process where appropriate, giving them a sense of ownership and excitement about the vacation. Remember, the goal is to create lasting memories and positive experiences for your child.

Respect Boundaries

When co-parenting during summer vacation, respecting each other’s boundaries is crucial. Avoid involving your child in conflicts or negative discussions about the other parent. Remember custody and visitation agreements. Demonstrating respect sets a positive example for your child and fosters a harmonious co-parenting relationship. Plan for regular communication between your child and the non-custodial parent. Consider phone calls, video chats, or updates based on your child’s age and preferences. By planning, considering the child’s needs, and respecting boundaries, co-parents can ensure a smooth and enjoyable vacation for their children.

Allocation of Parental Responsibilities

If you have followed the tips above and are having trouble reaching a civil agreement regarding parenting time, the Allocation of Parental Responsibilities can help. In Illinois, there are three primary types of child allocation of parental responsibilities: joint allocation, sole allocation, and shared allocation.

Joint allocation of parental responsibilities requires parents to collaborate on decision-making regarding their child’s education, healthcare, religious instruction, and other essential matters. The parents will agree, or the court will assign a residential parent. The non-residential parent will provide child support and have designated parenting time, as determined by a parenting time agreement or court order.

Sole allocation of parental responsibilities refers to an arrangement where one parent assumes full responsibility for making decisions concerning the child’s well-being. However, it doesn’t imply that the other parent is wholly excluded from the child’s life.

Shared allocation of parental responsibilities is a variation of joint allocation. It is suitable when the child spends equal time with both parents. The parents live in the same school district and can co-parent effectively. Working with an established family law attorney can ultimately help you reach an agreement.

How Masters Law Group Can Help

Masters Law Group focuses on helping clients assert their rights to further the best interests of their children. Attorney Erin E. Masters is a court-appointed Child Representative with experience advocating for children in these high-conflict matters. Attorney Anthony G. Joseph is an approved Guardian Ad Litem/Child Representatives list for the Domestic Relations Division of the Circuit Court of Cook County.

With a strong focus in assisting clients in Chicago’s Western Suburbs (Elmhurst, Hinsdale, DuPage, Oakbrook) we offer various services to help parents, children, and families through difficult times like Divorce, Parenting Time, and Allocation of Parental Responsibilities.

If you require legal assistance, contact a member of our legal team today. Our attorneys will work with you to develop an appropriate action plan for your unique needs and goals. We will work diligently on your behalf and provide regular updates. Contact us today to set up a complimentary consultation.

Co-Parenting and The Impact on Child Support

As family dynamics diversify, co-parenting is becoming increasingly popular. But this child-centered approach to parental separation has its own set of opportunities (such as consistency) and challenges (such as who is responsible for child support). Here’s what you should know. 

Co-parenting is a form of parenting relationship in which the two parents are not involved romantically with each other, but assume the joint responsibility of the child. It can be described as any two people jointly raising a minor, irrespective of whether or not they are biological parents. But, in the majority of cases, co-parenting comes after a divorce, separation or a breakup involving a child.

After divorcing (or legally separating), working with your child’s other parent may be uncomfortable to say the least. But making the effort to cooperate with your co-parent  makes things easier for everyone involved. Especially the child/children.

Navigating co-parenting is no easy feat and it can raise questions about the financial obligations of each parent. Let’s dive into the complex world of co-parenting and child support to learn more.

Co-Parenting in Illinois

In Illinois, co-parenting is commonly referred to as joint parenting. Joint parenting refers to an arrangement in which both parents share parental responsibilities and decision-making for the child. The purpose of joint parenting is to ensure that both parents remain involved in the child’s life and that the child’s best interests are always prioritized.

In order to establish joint parenting in Illinois, both parents must submit a parenting plan to the court. The parenting plan should include details about how parental responsibilities will be divided. It should also include decision-making authority, parenting time, and child support.

Child Support Orders

A child support order is determined by what is reasonable and necessary for the support of the child or children. It is presumed that the guideline support amounts represent the amount of support that is reasonable and necessary, unless it can be demonstrated to the court that circumstances exist that would make the guideline amount inappropriate.

Child support is utilized for the child or children’s expenses and looking at the best interests of the child or children to provide a stable home for the child or children. Some common expenses that are associated with child support are:

  • The child’s residence expenses such as mortgage or rent.
  • Utilities such as electricity, gas, and water.
  • The child’s educational expenses such as notebooks, pens, paper, books, sports fees, band fees, etc.
  • The child’s food expenses.
  • The child’s medical expenses. (Illinois Child Support Laws that went into effect on January 1st, 2022 requires that during child support proceedings parents must obtain or maintain health insurance coverage for their child or children.)

If you are concerned about how the court will calculate the child support amount and/or if you are concerned whether your child or children will receive the financial support they need, you should contact your trusted family law attorney.

Impact on Child Support

In Illinois, child support is calculated based on several factors. This includes each parent’s income, the number of children, and the amount of parenting time each parent has. When parents share custody in a co-parenting arrangement, child support is typically calculated differently than in cases where one parent has primary custody.

Under the Illinois Marriage and Dissolution of Marriage Act, when parents share custody, child support is calculated based on the “income shares” model. The amount of child support is calculated by determining the total cost of raising the child, and then dividing that cost between the parents based on their incomes. The amended income shares child support guidelines model became effective on January 1, 2019, signed into law as Public Act 100-0923 on August 17, 2018.

It’s important to note that in Illinois, child support obligations are not just financial. Parents who share custody in a co-parenting arrangement are also responsible for making sure their children’s emotional and physical needs are met. This includes the following:

  • Providing a stable and supportive home environment
  • Making decisions about education and healthcare
  • Facilitating communication between the child and both parents.

Co-parenting can be a rewarding and fulfilling way to raise children after a separation or divorce. However, it’s important for parents to work together to ensure that their children’s needs are being met, both financially and emotionally. If you feel your current situation and contract is unjust or incorrect, contact your family law attorney to discuss whether you are eligible for a modification of the order.

Modification of Child Support

In some cases, a parent may experience substantial changes to their financial situation that makes it challenging (or impossible) for them to pay the court-ordered amount of child support. In such cases, the parent can request a modification of the child support order.

To modify a child support obligation in Illinois, you must file a petition with the court that has jurisdiction over your case. The petition should explain the basis for the requested modification and the change in child support obligation you are seeking from the court.

Since the petition is for modifying an existing order, there is no need to have it served by a sheriff. Instead, you can serve notice of the petition through mail at the responding party’s last known address. Note that if the petition seeks additional court action besides the modification of child support, such as a change in parental time and responsibility, it must be served through certified mail at least 30 days prior to the hearing date.

It’s essential to remember that you cannot modify child support through self-help in Illinois. Even if the other party fails to comply with visitation rights, you cannot suspend child support payments without obtaining a court order.

If you find yourself in a situation where you need to modify a child support order, it’s always best to consult with a family lawyer.

How We Can Help

The options that come with parenting children after divorce or separation have drastically changed in recent decades. While it can be a blessing to many families who have separated on civil terms, it can be hard to navigate when animosity is present.

At Masters Law Group, we understand the laws and the court process inside and out, giving us the necessary knowledge and experience to ensure that your child is properly provided for.

For experienced legal help with your child support orders, parenting time, and more, contact us today to set up a complimentary consultation.