Tag Archive for: Parenting plan

Family Child Abduction

The National Center for Missing and Exploited Children estimates that approximately 200,000 of the 260,000 children abducted each year are taken by a parent or other family member. Family Child Abduction is a very serious criminal offense that can have devastating effects on children and parents.

Family child abduction is illegal in every state, and it is often treated as a felony-level offense that can result in prison upon conviction. In many cases, family abductions occur in the midst of bitter divorce or child custody battles. The child may be kept beyond a court allotted visitation period or the parent may pick up the child from school or daycare without permission and not return the child. In other cases, a child may be abducted by a family member and may face physical or sexual abuse.

The Frightening Family Abduction Statistics

David Finkelhor, director of the Crimes against Children Research Center at the University of New Hampshire, led a team of researchers who sought a better estimate of the prevalence of family abduction. They used data from three waves of the National Surveys of Children’s Exposure to Violence (NatSCEV), sponsored by the U.S. Department of Justice and Centers for Disease Control and Prevention. In 2008, 2011 and 2014, the surveys asked children aged 10 to 17 years about their life experiences. Information about children aged 9 and younger was gathered from caregivers.

Some key findings:

  • 4 percent of children in the sample had experienced family abduction and 1.2 percent had experienced it within the past year. Based on this information, the researchers estimate that 875,000 children a year – 12 per 1,000 — are either abducted by a relative.
  • Parents were the perpetrators in more than 90 percent of abductions. Mothers and female family members were responsible for the majority – 60 percent. However, fathers and male relatives were responsible for 64 percent of all abductions.
  • Children who have been abducted are more likely to be from low-income households and have separated, estranged or divorced parents. In two-parent families, an estimated nine children per 1,000 experience an abduction compared to 84 per 1,000 in single-parent households.
  • 43 percent of abductions were reported to the police, including 86 percent of family abductions.

If you are facing a family abduction matter, call the police immediately. These cases are treated very seriously and many AMBER alerts that are issued stem from family abductions. Even where the child may not face an imminent threat of physical harm, law enforcement will treat these types of abductions as high priorities and will work to return the child to his or her parent.

International Family Abductions

International child abduction is a distressing problem that impacts numerous families worldwide. This issue has profound emotional, psychological, and legal implications for those involved. Due to the increasing ease of international travel, these cases are sadly on the rise.

But what classifies as International Parental Child Abduction? As per Travel.State.Gov, international parental child abduction is the removal or retention of a child outside their country of habitual residence in breach of another parent or guardian’s custody rights.  The Office of Children’s Issues within the U.S. Department of State is a leader in U.S. government efforts to prevent international parental child abduction (both from the United States and to the United States), help children and families involved in abduction cases, and promote the objectives of the Hague Abduction Convention.

Causes and Factors of International Child Abduction

A variety of factors drive international child abduction. Child abduction often occurs after separations, divorces, or custody disputes. Let’s take a look at some additional factors that contribute to international child abduction:

  • Cultural and Economic Reasons: Globalization and increased international mobility have prompted some parents to return to their native countries, often taking their children. These reasons are often influenced by a desire to maintain cultural connections, be closer to extended family, or seek better economic opportunities in their home nation.
  • Fear of Child’s Well-being: Concerns about the child’s safety in the other parent’s environment can drive some parents to abduct their child when they believe it offers better conditions.
  • Parental Alienation: In some cases, one parent might feel alienated from the child due to actual or perceived biases in the custody proceedings. Parental Alienation can foster desperation, prompting the alienated parent to resort to drastic measures like abduction to regain control over the situation.
  • Lack of Robust Legal Framework: Different legal systems and international treaties across countries are challenging. Not all countries are part of the Hague Convention of Civil Aspects. The lack of a legal framework in certain countries creates loopholes that abducting parents might exploit. The absence of streamlined procedures for cross-border child custody disputes can complicate efforts to prevent international abduction.

To effectively tackle the underlying issues of international child abduction, it’s essential to take a thorough approach. An effective process might involve enhancing parents’ communication and establishing robust support systems. We can work together to prevent the detrimental effects of international child abduction families by addressing these factors across borders.

Preventing  Child Abduction

When parents can’t agree on where a child should live, working with an attorney experienced in child abductions can help. If you think the other parent has taken your child, here’s what you can do:

  1. Get a Court Order or Custody Decree: It’s essential to have a clear court order that outlines custody arrangements and travel restrictions. This order can help prevent unwanted travel with the child. Court orders can also address matters like passports and custody details.
  2. Consult a Child Abduction Attorney: Talk to an attorney who knows about these situations. They can help you understand your options and might suggest getting an order that stops the child from leaving the country.
  3. Look for Warning Signs: Watch for sudden changes in the other parent’s life, like quitting a job or selling a home. These changes could indicate plans to move. You can find more information on our Resources for Parents page.
  4. Tell the Police and Share Court Orders: Inform the local police about the situation and give them copies of your court orders, including any custody, protection, or restraining orders you have.
  5. Contact a Foreign Embassy or Consulate: If your child is a dual national of another country, consider contacting that country’s embassy or consulate.
  6. Know About Travel Rules: The United States doesn’t have strict rules for children leaving the country. Even without both parents’ agreement, a child can cross borders. Without a clear court order saying otherwise, it can be challenging for law enforcement to stop an abduction.

If you believe your child has been abducted, always start by calling the police.

Work With a Child Abduction Attorney 

Dealing with international child abduction situations presents significant challenges for parents and children. Seeking the assistance of a child abduction attorney is a crucial step in ensuring the safe recovery of your child.

Taking swift action is necessary if you ever face a child abduction case. In such situations, partnering with an experienced child abduction attorney is needed. Their experience becomes crucial for initiating a Hague Convention application for scaling a defense against any Hague Convention-related legal actions. 

Erin Masters and Anthony Joseph are highly experienced in handling disputes related to international child abduction, particularly within the jurisdiction of the State of Illinois and the United States federal court system. Voted 2023’s Best Lawyers® in America 2023, Masters Law Group is focused on solving problems and achieving the best possible result for our clients, and more importantly, any children involved. 

Contact us to set up a complimentary consultation today to discuss your situation.

Can I Change a Child Custody Agreement?

When a child custody case is resolved, the court issues what is known as a permanent custody order. However, despite the word “permanent,” custody orders can be changed later if there’s a reason to do so.

When parents separate or divorce, you may get an initial child custody order (also known as Allocation of Parental Responsibilities order) that outlines the custody arrangement. However, if circumstances change, the court can modify the order at any point until the child turns 18.

We’ve put together a list of possible situations that could lead to a change in your child custody agreement, along with information about how to proceed.

Here’s what you need to know.

Facts on Allocation of Parental Responsibilities

There are three basic types of child allocation of parental responsibilities in Illinois — joint allocation of parental responsibilities, sole allocation of parental responsibilities and shared allocation of parental responsibilities:

Joint allocation of parental responsibilities requires parents to cooperate in decision-making regarding education, health care and religious instruction. It does not mean that the children live with each parent for an equal amount of time. The parties will agree or the court will assign a residential parent. The non-residential parent will pay child support and exercise parenting time. The amount of time the children spends with the non-residential parent is addressed in a parenting time agreement or order.

Sole allocation of parental responsibilities is the term that describes the arrangement that gives one parent the responsibility for deciding everything related to the child’s welfare. It does not mean that the other parent is out of the picture. Parenting Time and parenting time can be the same in a sole allocation of parental responsibilities case as it is in a joint allocation of parental responsibilities case.

Shared allocation of parental responsibilities is a form of joint allocation of parental responsibilities. It is appropriate when the child spends equal time with each parent, the parents reside in the same school district and are able to joint parent.

Why Would a Parent Need to Modify a Custody Order?

A parent may want to obtain a change in custody or visitation if substantial changes in the other parent’s lifestyle threatens to harm the child. Examples might include if one parent starts to abuse drugs or alcohol, or leaves a young child home alone. If one parent becomes incarcerated or incapacitated in some way which leaves them unable to care for the children might be another reason for a modification.

The Two Year Rule

The Illinois Marriage and Dissolution of Marriage act clearly states that these parental responsibility plans may not be modified for two years following their entry in court. However, there are two exceptions to this rule. 

The first exception is if the courts determine that there is a factor present that could seriously endanger the wellbeing of the child, either physically, mentally or emotionally. This also applies to visitation plans that address grandparents, step parents and siblings. The second exception is if the parents file a joint stipulation waiving the two-year moratorium.

If you are seeking to change your existing parenting plan, it’s best to consult with an attorney as soon as possible. Your case might fall under one of these exceptions and you’ll want to prepare accordingly.

Making Modifications at Any Time

You can change your custody agreement at any time, as long as both parties agree to the modification. The court will still have to approve these changes to ensure that the child’s interests are still served. 

The law specifies several other conditions that could lead to change at any time. Here are the following rules:

  • If there is an environment that is seriously harmful to the child.
  • If a parent either lives with or marries a sex offender.
  • If the child’s emotional development is seriously impaired due to current arrangements.

In order to make changes, a parent will have to file a petition. From there the court will make the decision on if the petition is approved or not.

Other Changes and Circumstances

If you are a parent with child custody, you know that it can be a difficult arrangement. However, the Illinois Courts point out that the parties involved in these arrangements have a continuing duty to provide information that could affect a pending arrangement. 

A court may also take into account any substantial changes that have occurred since the agreement was entered and approved. In order to have a modification approved, it will be necessary to prove that the substantial change has affected the child’s best interests. 

Some of those changes and circumstances can be the following:

  • Changes in work schedules for both parents
  • Children starting school
  • Misbehavior of either parent i.g. Criminal charges or inappropriate significant other

If you think that there has been a change in circumstances since your original agreement was approved, it is important to talk with an experienced attorney as soon as possible. As long as you can prove that there has been an impact on your child’s best interests, then you could be able to get your custody agreement modified quickly.

Final Thoughts

Fortunately, Illinois law gives parents a number of options for changing custody orders. While this is a good thing, making modifications can quickly get messy and turn into complex issues. It’s always important to consult with your family law attorney before making any decisions.   

At Masters Law Group, it’s our duty to ensure any modifications made to your child custody agreement are done in a proper and swift manner. If you’re currently navigating child custody or considering your legal options, schedule a consultation with us today to learn how we can help.

Back to School: 5 Tips for Co-Parenting

Back to school comes with a lot of nerves and excitement for children and families. For parents who are separated, in the middle of a divorce, or already divorced, co-parenting with your ex can be a challenge.  At this time of year, however, your children need you to put aside your animosity in order to make their school year a success.

After a divorce, working with your child’s other parent may be uncomfortable, to say the least. But making the effort to cooperate with your co-parent and your child’s school set-up can make things easier for everyone. That’s especially true now, with emerging strains of COVID-19 and now Monkeypox concerns clouding parents’ vision of the 2022-2023 school year.

We know it can be hard to get on the same page with your ex. We also know that you want what’s best for your children—and that means being able to communicate effectively with each other in order to ensure they get the education they deserve.

Here’s what you should know about co-parenting this fall and a couple of tips to help you prepare for your child’s 2022-2023 school year.

Share Obligations for Back-to-School Shopping

As the school year approaches, it’s important to remember that back-to-school shopping is a shared responsibility. Shopping for materials and supplies can be costly, especially if you’re buying them for more than one child. Suppose you are co-parenting and are happy to help your children pick out new clothes and supplies. In that case, others may not be as excited about the process of buying “boring” mandatory necessities. Make a clear plan of who is buying what and when to ensure your child doesn’t miss out on those soccer boots or backpacks (plus, you’ll avoid duplication of expenses).

Keep a Predictable Parenting Time Schedule

Stay ahead of any anticipated disputes by designing, implementing, and complying with a detailed parenting plan. Creating a parenting schedule can be an emotional law topic and should have been set during your divorce proceedings. If this is not the case, it’s important for parent-child relationships to have consistency in their schedule, and therefore you need to set one immediately.

If you are co-parenting, it helps both parties to keep track of the child’s activities. For children, it helps give them a sense of routine, security, and certainty which is an important part of healthy child development.

Inform Your Child’s School of Your Co-Parenting Arrangements

When your kids start a new school year, it’s important to make sure that the school knows who they should talk to in case of emergencies. And even more importantly, who they should release their children to after school? At the start of each school year, provide the principal at your children’s school with a copy of your child custody and parenting order. This is especially crucial if your parental responsibilities order has been modified over the past year. This will put the school on notice about who they should talk to in case of emergencies and who to release their children to after school to avoid conflict.

Coordinate Events with Your Co-Parent 

It can be difficult to attend school functions when you’re divorced. Your co-parent may not want you to go, or they might want you to attend but won’t be there themselves. If this is the case, make sure your child knows who will be attending without making it seem like the non-attending parent didn’t want to go.

Sporting events, class plays, and class graduations are all important to your child and their development. They will ultimately suffer if you end up clashing at these important milestones. For their sake, try to cooperate with one another to attend school events together as a show of unity and support. If that isn’t a possibility, make sure your child knows who will be attending, so they’re not on the lookout for ultimate disappointment.

Set Expectations and Remember Your Priorities

The first few weeks of school can be a bit chaotic. It’s important to remember that it’s not just your child who is adjusting to new teachers, new classrooms, and new classmates—you are too!

When you are co-parenting and planning for your kids to go back to school, make sure you’re both on the same page. Back-to-school time opens a door for conflict, but conflict results in the child/children suffering.

You and your co-parent need to know what is expected of each other. Who is going to help with homework? Who will take your child to football practice? Maybe mom helps one child, and dad is responsible for helping the other. Maybe you take it in weekly or biweekly turns. There is no right answer, but whatever arrangement you and your co-parent decide upon should be detailed in your parenting plan to eliminate confusion in the future.

Allocation of Parental Responsibilities

If you STILL cannot come to a civil agreement on parenting time, the Allocation of Parental Responsibilities is an actionable step to set a new plan in place.

There are three basic types of child allocation of parental responsibilities in Illinois — joint allocation of parental responsibilities, sole allocation of parental responsibilities, and shared allocation of parental responsibilities:

  • Joint allocation of parental responsibilities requires parents to cooperate in decision-making regarding their child’s education and schooling matters (amongst other decisions such as health care and religious instruction). It does not mean that the children live with each parent for an equal amount of time. The parties will agree, or the court will assign a residential parent. The non-residential parent will pay child support and exercise parenting time. The amount of time the children spend with the non-residential parent is addressed in a parenting time agreement or order.
  • Sole allocation of parental responsibilities is the term that describes the arrangement that gives one parent the responsibility for deciding everything related to the child’s welfare. It does not mean that the other parent is out of the picture.
  • Shared allocation of parental responsibilities is a form of joint allocation of parental responsibilities. It is appropriate when the child spends equal time with each parent, the parents reside in the same school district and are able to joint parent.

How Masters Law Group Can Help

Masters Law Group LLC 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 and has experience advocating for children in these high-conflict matters. Attorney Anthony G. Joseph is also on the list of approved Guardian Ad Litem/Child Representatives for the Domestic Relations Division of the Circuit Court of Cook County.

We offer a variety of services to help parents, children, and families through difficult times like Divorce, Parenting Time, and Allocation of Parental Responsibilities. If you are in need of legal assistance, contact a member of our team today. Our attorneys will work with you to develop an action plan that is fair and fits your unique needs and goals. 

We will work diligently on your behalf and provide regular updates throughout the process. You can count on us when it matters most—and we hope that means now! Contact us today to speak to a qualified Chicago family law attorney to set up a free consultation with us.

Parenting Time & Visitation Tips for Visit your Relatives Day

National Visit Your Relatives Day is recognized on May 18. It is a day dedicated to spending time with your loved ones and cherishing family time. Parenting Time of your child can be an emotional law topic. Parenting Time rights may be determined by the agreement of the parties or by a court order.

Masters Law Group represents individuals in both their initial quest to set a parenting time schedule, as well as parents looking to modify a previously determined schedule. Here are a couple parenting time and visitation tips you can follow in honor or visit your relatives day.

Create a Parenting Plan

This is by far one of the most important steps you can take when you’re divorced and co-parenting. A parenting plan is a legally-binding agreement and should be respectfully treated as such. You can develop one informally if you are communicating well or you can have your attorney or mediator help create one for you. 

It’s a good idea for a parenting plan to have a system in place for how disputes should be handled if the situation arises, and a way in which parents can periodically review and make necessary changes to the plan. 

The plan may also include other provisions or information intended to help both parents understand and abide by the shared responsibilities in raising the child or children. Once you have it in place, you’ll be a little more at ease. If you don’t already have one, it can make your life a little easier.

Be Reasonable when Establishing a Parenting Arrangement

A divorce is difficult to go through. At times you may need to take a step back and try to be reasonable when it comes to your children. Start by looking at the relationship your children have with each parent, and remember that children do best when they are allowed to continue to have a strong relationship with both parents. 

While you may have some disdain for the other person, your children love them. Pointing out every flaw the other parent has is not going to help your children when it comes down to establishing custody. 

Respect the Needs of Your Children

Children do not need to be put in the middle of your divorce. They need to know that both parents love them, and that both parents want to be part of their lives. Telling your children how horrible the other parent is will only confuse them. Respect the needs of your child by enjoying them when they are with you, doing your best to parent them. Unfortunately when it comes to younger children they aren’t able to verbalize what they want out of a custody arrangement, but older children can. For example, they may verbalize that they want to stay in the same home during the week while they are at school. 

Perhaps you were an absent parent, always on the road working. While it may be hard to agree that the child should spend more time with the other parent, your sacrifice will make the divorce easier on your children.

Think About Your Support Network

Having children is hard, and raising them without a support network is nearly impossible. Think about your new life, and how being divorced is going to impact your support network. Look at the people around you, and those you believe will still be around even during the aftermath of your divorce. While you can’t create a custody schedule based on support alone, it’s important that you have the help you need if an emergency arises.

Communication is Key

If the two of you struggle to communicate in a civil manner, it’s important to establish one form of communication right away. Many couples use different methods of communication but it’s ultimately what works for the both of them.  Nowadays there are various online software programs, where both parties can send messages, a calendar can be created, and all communication between the two of you can be recorded in one place. 

The court will look at this communication when there are issues brought forth to the court, and both parties will be held responsible for what they are communicating with the other person.

Final Thoughts

We hope with the help of these tips mentioned above, it can make way for you to navigate through parenting time and visitation in an appropriate and enjoyable manner. Shared legal and shared physical custody entitles you to regular visitation, and decision-making in all aspects of their lives. While the other parent may try to prohibit you from making decisions, you need to know that you have the legal right and obligation to help make these decisions. 

For more information on Divorce, Parenting Time, Allocation of Parental Responsibilities, Child Support and more, visit our website to talk to our experienced attorneys. With their in-depth knowledge and experience in Family Law, we’re sure to help you get through parenting time and visitation together.

What is Parent Alienation?

Parental alienation is a set of strategies that a parent uses to foster a child’s rejection of the other parent. If your former partner is constantly, and severely, making false statements about you to your child, can this lead to alienation and an accompanying syndrome? Let’s take a closer look.

In divorce and child custody cases, a syndrome often develops called parental alienation. Parental alienation is a strategy where one parent intentionally displays to the child unjustified negativity aimed at the other parent. The purpose of this strategy is to damage the child’s relationship with the other parent and to turn the child’s emotions against that other parent. Parental alienators are adept manipulators and you should look out for signs of this behavior immediately.

Here is everything you need to know about emotional abuse and how you can take action to protect yourself and your children.

Traits of an Alienator

Parental alienation syndrome, was a term coined back in the 1980s by child psychiatrist Dr. Richard A. Gardner. As mentioned above, the sole purpose of parental alienation behavior is to keep the children with the alienating parent as much as possible, away from the targeted parent. A parent who is angry at the spouse accomplishes this goal by painting a negative narrative of the other parent by making deprecating comments, throwing blame, and making false accusations which are shared with the children.

Clinical psychologists have noted this type of behavior shown by the alienating parent has narcissistic or borderline tendencies. A narcissist is a person who has an excessive interest and admiration in themselves – essentially they think the world revolves around them. While those with borderline personality disorders have emotional hyper-reactivity often expressed as anger and a tendency to see themselves as victims. A parent with an antisocial personality is an accomplished liar who has the ability to harm others without any guilt. 

Alienation by one parent interferes with the rights of the child and the other parent involved to have a healthy relationship.  It also interferes with the other parent being able to exercise their right to care for the child.

Signs and Symptoms of Parental Alienation Syndrome

When Gardner talked about PAS, he identified eight “symptoms” (or criteria) for it:

  1. The child constantly and unfairly criticizes the alienated parent (sometimes called a “campaign of denigration”).
  2. The child doesn’t have any strong evidence, specific examples, or justifications for the criticisms — or only has false reasoning.
  3. The child’s feelings about the alienated parent aren’t mixed — they’re all negative, with no redeeming qualities to be found. This is sometimes called “lack of ambivalence.”
  4. The child claims the criticisms are all their own conclusions and based on their own independent thinking. (In reality, in PA, the alienating parent is said to “program” the child with these ideas.)
  5. The child has unwavering support for the alienator.
  6. The child doesn’t feel guilty about mistreating or hating the alienated parent.
  7. The child uses terms and phrases that seem borrowed from adult language when referring to situations that never happened or happened before the child’s memory.
  8. The child’s feelings of hatred toward the alienated parent expand to include other family members related to that parent (for example, grandparents or cousins on that side of the family).

Impact of Alienation on Parenting Time

Parental alienation and parenting time go hand in hand when trying to determine an appropriate parenting plan that lays out with which parent the child will mainly live. Parenting Time of your child can become a very emotional law topic. The division of parenting time and the allocation of parental responsibilites to make decisions for the child. 

To determine the child’s best interests, the court must look at anything relevant to the question, including specific factors listed in state statute. Of those, some are particularly relevant when parental alienation may be involved:

  • The child’s needs.
  • The mental health of all parties involved.
  • Restricted or modified parenting time.
  • Parental ability to put the child’s needs first.
  • Abuse against the child, including emotional or psychological abuse to try to alienate the child against the other parent.
  • The ability of each parent to facilitate a close relationship between the other parent and the child.
  • The interaction and interrelationship of the child with each parent.

Any parent who believes their spouse is trying to alienate their child against them should seek immediate assistance from an experienced Family law attorney. It’s important to have someone who can assist with reporting emotional abuse or protection for themselves or loved ones.

The safety of the child or children involved should always be your number one priority. If your child is being emotionally abused, there are several steps that can be taken to mitigate the risk of the situation at hand prior to legal help. Masters Law Group is here to help you with divorce consultation or litigation involving parental alienation.

Final Thoughts

While all forms of abuse can feel like a never-ending hopeless situation, Masters Law Group is here to help you see a light at the end of the tunnel. We provide an array of family law services including Orders of Protection and divorce services for our clients. Our highly experienced family law attorneys offer skillful legal representation that will guide you through to safety for your children and yourself.

Get in touch with us here today to discuss and execute the best plan of action for you and your family.

5 Tips to Survive the Holidays Co-Parenting

Co-parenting over the holidays. These four words can bring either a sense of joy or dread this season, or even both. But with the right planning in place, you can experience a harmonious Hanukkah, cohesive Christmas and no-drama New Year. 

The holidays can be a magical time for everyone. Children have breaks from schools; families and friends gather for meals and multi-day celebrations; and emotions run hot. While the season brings joy and laughter for some, they can also be hard to manage – especially when co-parenting.  Yes co-parenting has its challenges on a good day, but throw in the holidays and it takes on a whole new level.

To make sure your holidays remain special for you and your children, it’s important to have a plan. Here are 5 tips to help you survive the holidays and set your loved ones up for a season of success.

  • Create a Parenting Plan

Since you and your spouse went through the formal divorce process, you likely have a parenting plan in place that also includes how the holidays are meant to be shared. If you feel that you need to make new arrangements this year and it is not your first time co-parenting during the holidays, do not save this for the last minute. A parenting plan is a legally-binding agreement and should be respectfully treated as such.

If you don’t have a parenting plan you may want to consider getting one. You can develop one informally if you are communicating well or you can have your attorney or mediator help create one for you. It’s a good idea for a parenting plan to have a system in place for how disputes should be handled if the situation arises, and a way in which parents can periodically review and make necessary changes to the plan. 

The plan may also include other provisions or information intended to help both parents understand and abide by the shared responsibilities in raising the child or children. Once you have it in place and on autopilot, you won’t have to stress over everything. Try one if you don’t already have one. It can make your life a lot easier.

  • Allow Flexibility

You’ve gone through a lot this year; trying to process divorce, finalize child support and navigate the co-parenting world – just to name a few. Add coronavirus to the mix, and you have yourself the perfect ending to a horrible year. COVID-19 has arisen many grey areas for families across the world, including parenting time schedules. Use your parenting plan as a tool to keep things focused, but while compromising might not be easy, it is an effective way to make things easier for your children, assuming they are only minor adjustments. For example, help yourself by giving your ex some wiggle room on logistics. A great rule of thumb is to plan at least 15 minutes of flex time around any child exchange. Depending on your location and the weather gets worse, you will need more flex time.

Consider having a civil conversation about what you both have in mind for the holidays and how time with the children can be shared with each of you and extended family members. Don’t wait until the last minute to begin the conversation. “The sooner the better” is in order to iron out any initial disagreements that could occur. 

Try to cooperate with each other during this emotionally-charged season and do what is needed for both you and your ex so that you can both spend happy, quality time with your children.

  • Stability is Key

Once you have made some logistical decisions, present a united front in telling the children together (if possible) what the plans are going to be. Make them feel that everything is worked out and it’s going to be a good holiday season because mom and dad have figured it out.

This will provide stability and comfort to your children. It will ease their anxiety and their concerns about mom and dad getting along during the holidays. Children think about holidays and how mom and dad are going to feel if they are alone. Give them peace of mind that everything will be okay even though you are no longer together.

  • Tolerate Difficult Circumstances (New Partners)

Divorce can be a painful and draining process. Be kind to yourself while going through your divorce. Many medical and mental health professionals recommend treating divorce like grief. There is happiness on the other side of all the legal and emotional issues, and the chances of your children feeling that pain are highly likely. If you or your ex are in the process of separating, try to not make small matters an issue. 

While the holidays can be a delicate time to test your tolerance, by doing so, you’ll look back without regret at handling these emotional issues maturely. Try to have an open discussion with each other about the role of a new significant other and how that will play in the lives of your children. Introducing a new partner is a big and important decision. Incorporating new partners into the family structure is delicate, especially during the holidays. With the help of an experienced family law attorney, you can receive sound advice on how to speak with your children so everyone involved is comfortable.

It’s important to remember to stay calm, the chances of your child remembering you losing your temper are high in the event that someone interferes with your plan. When something goes wrong, you can absolutely feel angry. The suggestion here is to try to have some patience, and focus on your child’s priorities.

  • Show Yourself Some Love

The holidays can be hard even for those who are not recently divorced, so do not begrudge yourself some self-care. There is a chance that you will spend some time alone this holiday season, and with Covid-19 variants looming, you could end up alone more than you expected.

Try to make some plans for yourself that do not involve the kids, even if it is just to sit at home on your own, binge-watching TV shows with your favorite takeaway meal. A little time to yourself can do wonders for your mood and help you get through the holidays with a little less stress. As much as you might want to make the holidays perfect for your kids, you cannot forget yourself. The happier you are, the smoother the holiday season will be them, too.

Last Thoughts

The holidays are meant to be a special time for everyone involved. And remember, having patience while trying to execute the holiday co-parenting plan is crucial to maintaining everyone’s enjoyment of the holidays. 

We hope with the help of these tips mentioned above, it can make way for you to navigate through your holidays in a seamless, appropriate and enjoyable manner. 

For more information on Divorce, Parenting Time, Allocation of Parental Responsibilities, Child Support and more, visit our website to talk to our experienced attorneys. With their in-depth knowledge and experience in Family Law, we’re sure to help you get through the holiday season together.

 

What to do if Your Ex Won’t Return Child After Half Term

Half Term, Thanksgiving, Hanukkah, Christmas… the last quarter of the year is packed full of family fun. However, if you are separated or divorced, sharing a child during the holidays is not easy, especially if your ex refuses to obey your parenting or custody agreement.

Half term school break is right around the corner, and for many parents, this is an exciting time to spend some quality time with your child. However, ask many divorced parents about child visitation rights, and you’re likely to hear some discontent about the situation. Especially when a parent ignores an established holiday exchange schedule.

When a parent violates a court-ordered or agreed-upon parenting plan, they run the risk of being held in contempt of court. A parent refusing to bring a child back to the custodial parent after a visit is also known as Parental Child Abduction which requires fast, legal action.

Parenting Plans 101

A parenting plan is a document that says who will make decisions for a child and how those decisions will be made. This often happens in a parental responsibilities case. These plans outline how you and the other parent will continue to care and provide for your children after you separate.

It’s a good idea for a parenting plan to have a system in place for how disputes should be handled if the situation arises, and a way in which parents can periodically review and make necessary changes to the plan. The plan may also include other provisions or information intended to help both parents understand and abide by the shared responsibilities in raising the child or children.

What to include in your plan:

  • Where the child lives
  • Time the child spends with each parent
  • How each parent gets information and records about the child
  • How the child is to be transported for parenting time
  • An airtight Holiday schedule

The final parenting plan will always be aligned with what’s in the best interests of the child.

Important Factors of a Parenting Plan in Illinois

  • Each parent must file a parenting plan within 120 days of asking the court for parental responsibilities;
  • If the parents agree on parental responsibilities, including parenting time, they can file one parenting plan (signed by both parents) within the 120 days. If the parents don’t agree, they must each file their own parenting plans;
  • If neither parent files a parenting plan, the court will hold a hearing to determine the child’s best interests; and
  • The court will look at the parenting plans when it decides who gets parental responsibilities.

Once both plans have been created and shared with the court to examine each parent’s responsibilities, the court can accept the plan and it becomes a Joint Parenting Order. After the Joint Parenting Order is in place, changes cannot be made to it for two years.

Parenting Plans for Holidays, Vacations & School Breaks in Illinois

Splitting up holidays, vacation time, and school breaks can be challenging, but there are ways to make it work for everyone involved.

For many parents, it makes sense to take an odd/even approach to the holiday season. For example, one parent could have the child/children for Thanksgiving on odd years, but Christmas for even years. The other parent would have the children for Thanksgiving on odd years and Christmas on even years. An an alternative choice by parents during the holidays is a fixed holiday schedule. This takes a more simple approach of assigning a certain holiday, every year, to a certain parent. While this could cause some form of conflict for those to want to alternate the holidays, it works well for separated couples with different religions.

At any point, one parent may need to modify a parenting plan. A parenting plan can only be modified by the court. Take caution with any out-of-court arrangements because they are not enforceable.

Parenting Plan Violations

Either your ex isn’t complying with the schedule or maybe there are more serious issues where you’re worried about your child’s safety; If you are concerned about the upcoming holidays and whether your ex will stick to the plan, you can and should probably take legal action.

According to 750 ILCS 5/607.5, if one parent violates the parenting plan, the other parent can bring an action to enforce the parenting plan. If the court finds that a violation has occurred, it can order:

  • additional terms and conditions
  • require participation in a parental education program
  • require family or individual counseling
  • require parent-in-violation to post a Chas bond that can be forfeited for payment of expenses
  • require parenting time to be made up
  • find the non-compliant parent in contempt of court
  • impose civil fines
  • require a non-compliant parent to reimburse reasonable expenses to the compliant parent
  • require any other measure so long as it is in the best interests of the child.

What to do if Your Ex Won’t Return Your Child

If your ex isn’t sticking to the parenting plan, have your attorney send a letter to your ex. This is often the first step towards getting your ex to follow child custody orders. Your attorney can write up a forceful letter that informs the other parent that they must obey the court order or be prepared to face serious legal penalties. Sometimes this is all that it takes to wake up a parent and get them to follow the child custody order.

Illinois’ new parenting time law (750 ILCS 5/607.5(a)) requires the court to handle parenting time abuse cases on an “expedited basis.”  In the old days it could take six months to get parenting time violations addressed.  Now, thanks to the new law, I often can get a remedy in a few days or weeks.

However, keeping a child late on a visitation in Illinois is technically a crime. If you suspect that the other parent has taken your child and doesn’t intend to return (known as a parental child abduction), contact the police. If the other parent takes your child across state lines or out of the country, local police will work alongside federal law enforcement, such as the FBI, to ensure the return of your child.

Experienced Parental Child Abduction Attorneys – Masters Law Group

Above all, your actions should be taken in the best interests of your child.

An experienced attorney can help you navigate the court system in this emotional situation, and make sure that you get in front of a judge as soon as possible. At Masters Law Group, we focus exclusively on Family Law, with a particular emphasis on International Child Abduction and cross-border custody issues pursuant to the Hague Convention of 1980 and the UCCJEA. What’s more, our attorneys are also court-appointed Child Representatives and have experience advocating for children in these high-conflict matters.

If you’re dealing with custody or visitation interference, or have related concerns about parental child abduction, contact us here today. We understand that above all, any actions taken should always be in the best interests of your child.

Child Relocation Laws in Illinois

Whether it be for a new career, a remarriage or even the desire to get to a specific school district, moving a child’s primary residence has serious legal complications if not carried out properly. 

Divorces and separations can be emotionally overwhelming. Especially when a child is involved. Disputes regarding child custody (parenting time), child support or even where the child will live can easily arise between parents. Even if these specific issues have been resolved by an Illinois court order, other problems can arise quickly. Here’s a look at the Child Relocation Laws in Illinois and how Masters Law Group can help.

Parental Responsibilities in Illinois

With today’s economy, many parents are discovering that they need to move great distances in order to find work – sometimes across state lines. Before a parent can remove a child from Illinois they must seek approval from the court, even if they are the primary parent.

Currently under Illinois Law, a child is governed by Section 609.2 of the IMDMA (Illinois Marriage and Dissolution of Marriage Act). This IMDMA indicates when a parent is looking to move with their child or children, they must seek court approval, since a parent’s relocation is a substantial change for the child. 

If you move out of state, and the other parent files a parental responsibilities case in Illinois within 6 months, you will probably have to come to Illinois to participate in the case, or you might have to return your child to Illinois. You can move with your child if there is no court case involving your child and:

  • You and the other parent are married or are in a civil union
  • You are the natural mother and the child has lived with you for more than 6 months

Relocation Inside and Outside of Illinois

There are a couple things to note when you’re considering relocating. Relocating in terms of Child Relocation Law, means to move more than 25-50 miles away from the child’s original home if it is in Cook, DuPage, McHenry, Kane, Lake, or Will Counties or if the new home is out of state. 

After you ask the court for permission to relocate, you’ll have a hearing where the court will decide if relocating is in the child’s best interests. The court is going to look at many things, primarily the quality of each parent’s relationship with the child, to the reason why the parents would be relocating. Here are a couple other things the court will consider:

  • Educational opportunities available in each location
  • The arrangements for parental responsibilities
  • Impact on the child, and the wishes of the child

If you are relocating with your child, you must follow these steps. 

  • File a Notice of Relocation, and give a copy to the other parent at least 60 days before your planned relocation. If the other parent agrees and signs your notice, you can file the signed notice with the court and move without going to court any further. 
  • The court will also change your current parenting plan or parental responsibilities order to allow the move. 
  • If the other parent doesn’t agree or doesn’t sign the notice, then you must ask the court for permission to relocate. You would then file a Petition to Relocate.

Summary

It is important to keep your current parenting plan or parental responsibilities up to date so if you do look to relocate, the process of following said steps above are made easier for you and your loved ones. It can unfortunately become complicated and require much interaction between the parents and the court. It’s in your best interests to hire an experienced attorney if you need assistance with Child Relocation Law.

Hiring Child Relocation Legal Help

Hiring an attorney highly experienced in family law will help you understand your legal options and create a plan for what comes next. Masters Law Group LLC focuses on helping clients assert their rights to further the best interests of their children. We help clients put aside their grief and educate them about their options in child allocation of parental responsibilities.

We represent individuals in both their initial quest to set a parenting time schedule, as well as parents looking to modify a previously determined schedule. If you require a review of your current parenting time schedule or parenting plan, contact us here today to schedule a consultation.

What Does a Family Law Attorney Cover?

Most people will use the terms “Family Law” and “Divorce Lawyer” interchangeably with each other.  The truth, however, is that Divorce Law is only one aspect of Family Law. 

What is family law and what do family lawyers do? Family law is a legal practice area that focuses on issues involving family relationships, such as adoption, divorce, and child custody, among others. Therefore, family law attorneys are legal professionals that specialize in these specific matters. Family lawyers can also act as mediators when family disagreements develop and represent litigants in family conflicts that end up in courts.

Below are some of the things that an experienced and reputable family law attorney can do for you.

Child Custody/Child Support agreements

In the hardest of times when a couple separates, one of the most challenging problems to solve is children.

Court orders and settlement agreements involving both custody and support usually are included in the larger divorce case, but may be revisited as conditions change. For instance, child support may be altered after the non-custodial parent’s financial situation changes.

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.

Divorce and Divorce Mediation

Undergoing a divorce is probably one of the most draining experiences that a family can face, and divorce cases involving substantial assets or complex estates require specialized knowledge. A good divorce attorney is skilled at dividing marital property, calculating spousal support, and proposing a plan for child custody, visitation, and support (if applicable).

Attorneys can also cover divorce mediation. Divorce Mediators work with a couples involved in family break-ups to make arrangements, either to plan for a separation or divorce, or after the split has taken place, without the need for court intervention.

Domestic Violence Protection

Domestic violence is described as abusive behavior when a family or household member uses physical or mental maltreatment toward another family or household member. The IDVA uses the following terms as abuse:

1. Physical abuse
2. Harassment
3. Intimidation of a dependent
4. Interference with personal liberty
5. Willful deprivation
6. Exploitation
7. Stalking

An Order of Protection is a court order made in writing which prohibits, by law, further abusive behavior.

Who are persons considered to be family or household members?
The IDVA defines members to include:

1. A spouse
2. Ex-spouse
3. Girlfriend/boyfriend who have or have had a dating or engagement relationship
4. Parents
5. Children
6. Stepchildren
7. Significant other/partner
8. Persons who share or allege to have a blood relationship through a child
9. Persons who live together or formerly lived together
10. Persons with disabilities and their personal assistants

International Child Abduction (Hague Convention)

Although not a common practice for most family lawyers, some specific attorneys have the knowledge, experience and skills in Hague Convention cases to take on international parental child abduction cases. 

The Hague Convention is a treaty that many countries, including the United States, have joined. Its purpose is to protect children from the harmful effects of international abduction by a parent. Proving claims in international child abduction cases under the Hague Abduction Convention requires analysis and careful development of all evidence and testimony that may support or defeat defenses to claims of wrongful abduction or retention. Therefore, choosing an attorney who has extensive experience in cases involving international child custody disputes is vital.

Reasons to Hire a Family Law Attorney

Now that you know what a family law attorney is, you’re probably wondering how hiring legal representation in your family law case would benefit you. Here are the major benefits that come with hiring a family lawyer.

Legal Protection

How realistic are the claims coming from the other party? Can the other party actually receive what they’re stating they’ll receive? A family law attorney knows the law, as well as the outcomes of past verdicts, and can use that knowledge to help you receive the best possible outcome.

Legal Knowledge

There’s a lot of red tape and substantial paperwork when it comes to family law proceedings. And that’s before it goes to trial. By hiring a family law attorney, you can rest assured the t’s crossed and i’s dotted. Consequently, you will not have to sweat about your case being thrown out as early as possible.

Court Experience

If a case goes to court, experienced attorneys can make sure that their client is prepared for everything that is going to happen when they enter the courtroom room, and will know exactly how to handle any particular situation that arises during the pendency of a family law case. This will keep the judge happy and the proceedings running smoothly and efficiently.

Peace of Mind

Ultimately, one of the best benefits of hiring a family law attorney to represent your interests in a case is the fact that you will be able to trust your legal issues are being duly dealt with. Whenever you have an issue or a family matter that requires legal representation, it’s essential to seek the assistance of a knowledgeable and experienced professional.

Last Words

There are areas of Family Law that involve people who are involved in Civil Unions, Domestic Partnerships, and same-sex relationships.  As a Chicago-based Family Law practice, we can ensure that the appropriate contracts and agreements are in place to help to avoid any issues in the future.

If you are facing a family law issue, contact the family law attorneys at Masters Law Group. Our firm handles family law matters in Cook County and surrounding counties. Masters Law Group concentrates in area of domestic relations, which includes divorce, allocation of parental responsibilities, child support and related family matters.

We offer a wide range of services tailored to our clients’ unique legal needs. Masters Law Group LLC has a unique depth of knowledge, experience and talent in the Family Law and Divorce field. Click here to view our practice areas. And click here to set up a consultation today.

Can Social Media Affect My Family Law Case?

Social media is a popular way to keep in touch and communicate with your loved ones, but it has also become an increasingly useful tactic to collect information for family law hearings. Sites like Facebook, Twitter, and Instagram are now being submitted as evidence in family law cases.

When you are going through a divorce, child custody, or placement battle with your ex, what you post on social media networks could come back to haunt you.

While it is not unusual for character witnesses to be called in family law cases, social sites can sometimes be used in a similar manner. Negative comments, images, offensive posts, and hostile interactions can all be submitted as evidence in custody cases. Partners can much more easily keep tabs on one another – and collect evidence against one another – by using social media.

Social Media Evidence in Hearings

Social media is affecting relationships and being used as ammunition in hearings. Lawyers can effectively use or defend against social media evidence in cases. According to the National Law Review, 

  • 81% of attorneys discover social networking evidence worth presenting in court. 
  • 66% of cases involving divorce employ Facebook as one of their principal evidence sources. 
  • 1/3 of all legal action in divorces cases is precipitated by affairs conducted online.

Not all evidence can be used in a divorce case. For example, an opposing attorney cannot open a fake account to “friend” or “connect” with their client’s spouse to obtain evidence.

Generally, public posts that can be inspected by anyone are fair game and can be submitted as evidence in court. If a “friend” or “connection” on a spouse’s social media account shares a post or text and that secondary post is seen by the spouse’s ex, that too, can typically be legally used as evidence in a divorce case.

What’s Fair Game and What’s Not

It is important to note that you should not delete items from your social media for the purpose of “hiding” bad evidence if you have a reason to believe that litigation may be coming. This may be considered spoliation of evidence. 

In most cases, a spouse’s social media posts are admissible as evidence in the U.S. as long as you don’t obtain them illegally. An example of obtaining evidence illegally would be if your estranged husband or wife created a false account with the purpose of “following” you to collect damning evidence. It’s illegal for your ex to hack your accounts to try to gain evidence.

For many, using social media is second nature. However, it is worth discussing your situation with a family law attorney to determine the best way to deal with any social media evidence that may hurt your case.

Social Media Can Affect Parental Responsibilities and Parenting Time

Divorcing parents often have disagreements about child custody and visitation which is officially called the “allocation of parental responsibilities” and “parenting time“ in Illinois. There are several ways that social media posts can influence child custody matters. 

Imagine a scenario in which a husband and wife each want to have the majority of parenting time with the children. If the wife posts pictures of herself going out to bars several nights of the week when she is allegedly caring for the children, this could call into question her desire and ability to take on a large amount of parental responsibility. 

It is important to remember that even if you have your social media account set to private, there are still many ways that your social media activity could be used against you during divorce proceedings. The best way to avoid negative consequences from social media during divorce may be to simply take a break from social media websites until the divorce is finalized.

Final Thoughts

It is important to be very cautious when using social media during divorce or other family law hearings. Masters Law Group takes social media into account when dealing with family law cases. Each case is uniquely different and the attorneys at Masters Law Group have the experience to help you during difficult times. Learn more and set up a consultation with us here today.