Tag Archive for: parenting rights

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.

Hague Convention – International Child Abduction Questions and Answers

What is the Hague Convention? Can I protect my child from Parental Child Abduction? What should I do if my child is taken across state or international borders? Find all the answers to these time-sensitive, high-stakes questions here. 

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.

While there is a lot of information out there about the Hague Convention, we decided to make a list of the most frequently asked questions. Here’s what you need to know if you are facing the frightening situation of International Child Abduction.

What is the Hague Convention?

The Hague Convention on Civil Aspects of International Child Abduction was enacted into law through the International Child Abduction Remedies Act (“ICARA”) which provides that a parent whose child has been wrongfully removed from or retained in the United States may petition for the child’s return to his or her country of habitual residence.

This multilateral treaty was developed by the Hague Conference on Private International Law (HCCH) and concluded on October 25, 1980, entering into force on December 1, 1983. These participating countries are also included in a large treaty that governs the way different legal systems work together. There were two specific goals in mind at the time of The Hague Services Convention’s formation:

  • Create a means to ensure that judicial and extrajudicial documents to be served abroad can be brought to the notice of the addressee in sufficient time.
  • Improve the organization of mutual judicial assistance.

The overall purpose of the Convention is to protect children from the harmful effects of international abduction by a parent by encouraging the speedy return of an abducted child to their country of habitual residence. As well as to organize and secure the effective rights of access to a child.

What Countries does the Hague Convention include? 

Listed below are the countries that are participants of the Hague Convention in force with the United States of America. The official list and dates the treaties signed can be found here.

Andorra Lithuania
Argentina Luxembourg
Armenia Macedonia, Republic of
Australia Malta
Austria Mauritius
Bahamas, The Mexico
Belgium Monaco
Belize Montenegro
Bosnia and Herzegovina Morocco
Brazil Netherlands
Bulgaria New Zealand
Burkina Faso Norway
Canada Pakistan
Chile Panama
China (Hong Kong and Macau only) Paraguay
Colombia Peru
Costa Rica Poland
Croatia Portugal
Cyprus Korea, Republic of
Czech Republic Romania
Denmark Saint Kitts and Nevis
Dominican Republic San Marino
Ecuador Serbia
El Salvador Singapore
Estonia Slovakia
Fiji Slovenia
Finland South Africa
France Spain
Germany Sri Lanka
Greece Sweden
Guatemala Switzerland
Honduras Thailand
Hungary Trinidad and Tobago
Iceland Turkey
Ireland Ukraine
Israel United Kingdom (Anguilla, Bermuda, Cayman Islands, Falkland Islands, Isle of Man, Montserrat)
Italy Uruguay
Jamaica Venezuela
Japan Zimbabwe
Latvia

My Ex wants to move out of state with our child. What can I do?

First off, it’s important to note that your options will depend on a number of different factors, and we want to provide you with some general information below. If your former spouse makes the decision that they want to move out of state with your child, they must first notify you of the move. 

The notice they give you must state the date they intend to move, the address of their new home, and how long they intend to remain in the new location. They must deliver the notice to you at least 60 days before they move unless they have a court order that specifies different instructions.

You can sign the notice if you approve of the move and your former spouse will then file the notice with the court. Of course, you do not have to consent to the move. If your spouse moves out of state with the child without your consent, or without sending you notice, it is considered parental kidnapping or child abduction.

If you don’t consent to the move with your child, your ex has two options. They can either agree not to move out of state with the child, or they can petition the court to overrule you and allow the move. If your ex petitions the court and asks them to allow the move, you and your former spouse must attend a court hearing. During the hearing, a family law judge will take many factors into consideration and then deliver their decision.

Like when making child custody decisions, the judge will take many factors into consideration. All of the factors are guided by what is in the best interests of the child. However, if your ex wants to move for a better-paying job that would allow them to better care for the child, the judge may consider the move in the best interests of the child.

What are the defenses to a petition for the return of my child?

There are a few defenses to a claim of wrongful removal or retention under the Hague Convention, which include:

Defense 1: That the petitioner (parent seeking the return of the child) was not “actually exercising custody rights at the time of the removal or retention” under Article 13.

Defense 2: That the petitioner “had consented to or acquiesced in the removal or retention” under Article 13.

Defense 3: That more than one year passed from the time of the wrongful removal or retention until the date the petitioner commenced a judicial or administrative proceeding for the return of the child, under Article 12.

Defense 4: That the child is old enough and has a sufficient degree of maturity to knowingly object to being returned to the petitioner and that it is appropriate to heed that objection, under Article 13.

Defense 5: That “there is grave risk that the child’s return would expose the child to physical or psychological harm or otherwise place the child in an intolerable situation,” under Article 13(b), and

Defense 6: That return of the child would subject the child to violation of basic human rights and fundamental freedoms, under Article 20.

If your child has been wrongfully removed to a country overseas, you should immediately contact your local family law attorney that is experienced in international custody disputes for help.

How do I initiate the process of International Parental Child Abduction?

Deciding whether to file a Hague application is an important decision and must be considered based on each case’s specific circumstances. Perhaps after separating from their partner, a parent wants to take their child and move to another country. Maybe a parent moved internationally in violation of a custody agreement.

Filing a case under the Convention does not guarantee that your child will be returned. To obtain the return of your child, through a Hague proceeding, you must first be able to demonstrate:

  • That your child was habitually resident in one Convention country, and was wrongfully removed to or retained in another Convention country;
  • The removal or retention of your child is considered wrongful if it was in violation of your custodial rights, and you were exercising those rights at the time of the removal or retention, or you would have been exercising them but for the removal or retention.
  • The Convention must have been in force between the two countries when the wrongful removal or retention occurred (the dates are different for every country); (Note: In many  instances, when a country accedes to the Convention, it is not automatically partners with all of the other countries who have ratified or acceded to the Convention.  Countries must accept another country’s accession to the Convention under the terms described in the Convention before a treaty partnership is created.
  • The child is under the age of 16.

How do I find a reputable parental child abduction attorney?

To make sure you have the best possible chance in your Hague Convention case, you need an attorney who understands both the severe circumstances and the delicate interplay of state, federal, and international laws.

Accredited family law attorneys Erin Masters and Anthony Joseph of Masters Law Group have extensive experience in cases involving international child abduction disputes in both courts located in the State of Illinois and the United States federal court system.

Masters Law Group Featured Hague Decisions:

If your former spouse wants to move out of state or cross international borders with your child against your consent, or they already have, our skilled and experienced team can help. At Masters Law Group, we know the requirements parents must abide by when they want to move, and we know how to challenge the move so you do not lose out on time with your child.

Contact us today to schedule a free consultation so we can discuss your case immediately.

 

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.

 

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.

Parentage Rights for Same-Sex Couples

Fortunately for married same-sex couples in Illinois who have children, the Illinois Parentage Act provides the same protections that were once afforded to fathers in a heterosexual marriage. Here’s what you need to know. 

Parents are legally recognized in three ways: through marriage, adoption, and DNA. While same-sex couples may now legally marry throughout the United States, not all states have provided an equal opportunity for gay parents to obtain parental rights, whether through biology, legally recognized partnership, adoption, or other means.

What is Parentage?

In parentage cases, also called “paternity cases,” the court makes orders that say who the child’s legal parents are.

If parents are married when a child is born, there is usually no question about parentage. The law assumes that the husband is the father and the wife is the mother, so paternity is automatically established in most cases.

But for unmarried parents, parentage of their children needs to be established legally.  If there is not an agreement on paternity of a child, the Court can order a DNA test to determine the father.  After paternity is established, allocation of parental responsibilities, parenting time and child support can then be set forth via a Final Allocation of Parental Responsibilities Judgment.

Presumption of Parentage under the Illinois Parentage Act

What is a presumption of paternity under Illinois law, and how does it establish the rights and responsibilities of a parent? Generally speaking, a presumption of paternity refers to situations in which the law says that a person is the child’s presumed parent—typically the father. Matters of paternity—and the presumption of paternity—are governed by the Illinois Parentage Act of 2015 (750 ILCS 46/). That statute defines a “presumed parent” as “an individual who . . . is recognized as the parent of a child until that status is rebutted or confirmed in a judicial or administrative proceeding.”

A presumption of paternity typically happens in cases where there is no direct evidence that the parent is the child’s biological parent, but there are other ways in which that person is presumed to be the parent (and therefore responsible for providing care and support to the child). Situations in which there is a presumption of paternity may include:

  • Individual (presumed parent) married the child’s biological mother or otherwise started a relationship with the child’s biological mother, and the child was born during the relationship;
  • Individual and the child’s biological mother got married, and the child was born within 300 days of the end of the marriage;
  • Individual and the child’s biological mother got married, but the marriage was determined to be invalid, and the child was born within 300 days of the declaration of invalidity of the marriage; or
  • Individual married the child’s biological mother or otherwise started a relationship with the child’s biological mother after the child was born, but the individual is listed (by choice) as the parent on the child’s birth certificate.

Since a presumption means only that parentage is presumed, there are ways either to provide evidence of paternity or to dispute paternity. Presumptions of paternity can be disputed, for example, with DNA evidence and other forms of documentation.

How the Presumption of Paternity Extends to Same-Sex Couples

The Illinois Parentage Act also extends to same-sex couples, including when it comes to the presumption of parentage. Same-sex parents are now also permitted to have both their names on a birth certificate, and there is a presumption that the parents listed on a birth certificate are the child’s parents.

This legal presumption is important when it comes to parenting time issues in a divorce or legal separation. Without this presumption, a parent who wants child custody would have to prove a legal relationship with the child in order to have standing to seek custody. A person who does not have standing cannot prevail in a legal challenge seeking rights to custody or even visitation.

Once parentage has established under any of the criteria set forth in the statute, the parent can be allocated parental responsibility, parenting time, and even be required to pay child support. Like heterosexual couples, the court determines the issues of time-sharing and parental responsibility by considering the best interests of the child. However, if the child is born as part of a surrogacy agreement, there are laws that govern how that situation would be handled.

Lastly, men in a same-sex marriage may still be at a disadvantage even under the revised law because the law does not create a presumption for either man having a child with a woman outside the marriage. Both men would have to adopt the child to gain legal rights.

Contact Masters Law Group

As you can see, same-sex parents can face legal hurdles when determining their parental rights. Illinois parental laws do not discriminate between same-sex and opposite-sex parents; However, some judges may have limited experience with LGBTQ relationships. The attorneys at Masters Law Group use their years of experience and relationships with the local courts to prevent issues and focus on solving problems and achieving the best possible result for our clients.

Each year in the Illinois, thousands of families seek answers to questions regarding divorce, separation, allocation of parental responsibilities, support and other matters of family law. If you have questions about how the Illinois Parentage Act applies to you, contact the experienced attorneys at Masters Law Group here today. 

Making a Parenting Plan for Thanksgiving

If this is your first Thanksgiving as a divorced or separated parent, there could be a lot of confusion wondering how to create a fair parenting plan. If the holiday periods haven’t been defined in the custodial arrangements yet, make sure that you are creating a plan that is fair and takes the best interest of the children into consideration.

This year, Thanksgiving falls on Thursday November 26th. A time designed for family gatherings, it’s a tough spot for many recently-divorced or separated parents.

Because Thanksgiving and Thanksgiving weekend are times when both parents want to be with the child or children, you want to make solid arrangements for this holiday in your holiday schedule. The obvious answer is to divide up the holidays, but it’s often hard to imagine how the holidays could be split in a way that feels fair to everyone. Let’s take a look at some of the options for splitting custody for Thanksgiving and other important holidays.

Alternating Holidays

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. This way, each parent has their children for some of the big holidays every year, and they never go more than one year without their child for any given holiday.

Fixed Holidays

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. For example, if one parent is Jewish, they will have the child(ren) over Hanukkah, and if the other parent Christian, they will have the child(ren) over the Christmas holidays. However, this does leave holidays like Thanksgiving up for debate where individuals of almost every religion celebrate throughout the United States.

Split Holidays

Split holidays are a great idea if both parents live close together as the child(ren) can spend Thanksgiving (or any holiday) with BOTH parents at different locations. The only thing to decide upon is the time. For example, one parent can have custody the day prior and the first half of Thanksgiving day, then the other parent has custody the second half of the Thanksgiving and the following day. For obvious reasons, if the parents’ homes or holiday celebrations are too far apart, it can get more complicated.

Double Holidays

Finally, some parents may choose to run “double holidays” where they both have a day of celebrations, just on different days. Parents can simply let the custody schedule play out as is, letting whichever parent would normally have the child on the official holiday date celebrate that day, and the other parent can celebrate with the child on their next scheduled visit. Alternatively, parents can designate a date for the second holiday – one parent celebrates Thanksgiving on the 26th and the other celebrates on the 30th. In this scenario, parents could alternate years so that they each get the official holiday every other year.

Final Thoughts

The prospect of formulating a custody calendar is a daunting task for many recently divorced or separated parents.  Working directly with your co-parent to create your joint custody schedule and holiday custody plan is a great way to keep the peace. Your schedule will be unique to your family dynamic and must be sensitive to each of your personal schedules, but most importantly, putting the welfare of the children should always come first and foremost.

Parenting Time Rights with Masters Law Group

From allocation of parental responsibilities to legal separation matters and parenting time rights, Masters Law Group focuses on helping clients assert their rights to further the best interests of their children.

We understand parenting time of your child is a very emotional law topic, especially during the holidays. 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. Are you facing a family law issue involving the children? Contact us here today to schedule a consultation.