Complex Issues Parents Face During a Divorce in Illinois

 Posted on February 06, 2023 in Child Custody

Divorce is a difficult and emotional process for all parties involved, particularly for parents who are trying to navigate the process while ensuring the well-being of their children. Parents who want to share responsibility for their children will describe the allocation of parenting time and parental responsibilities in their parenting plan. Divorcing parents may also need to address child support. The court typically determines child support based on a statutory formula, but courts deviate from the formula under certain circumstances.

Child Custody and Visitation

Child custody and visitation are two of the most important and difficult issues that parents face during divorce. In Illinois, child custody is determined based on the best interests of the child, which includes:

• Consideration of the child's physical and emotional needs

• The parents' abilities to provide for the child

• Any other relevant factors

Visitation schedules must be determined to ensure that both parents have adequate time with their children.

Parents may struggle to agree on the best custody arrangement for their children. One parent may want primary custody, while the other may want joint custody. In some cases, the court may decide to award sole custody to one parent, which can be difficult for the other parent.

Visitation can also be contentious, particularly when one parent moves out of state or lives far away from the children. The court must consider the logistics of travel, as well as the impact that travel will have on the children's schedules and well-being.

Child Support Considerations

Child support is another critical issue that parents face during divorce. In Illinois, child support is determined based on a formula that considers the following:

• The parents' income

• The number of children

Child support is intended to help the custodial parent provide for the children's basic needs, such as food, shelter, clothing, and education.

Both parents are responsible for supporting their children financially, even if one parent has primary custody. The process of determining child support can be complicated, especially when there is disagreement about how much should be paid and who should pay it. Parents may have to attend court-ordered mediation or go to trial to resolve the issue. In some cases, the court may require that one parent pay child support to the other parent, while in others, both parents may be required to contribute financially to support their children.

Parenting Time

Determining parenting time (visitation) is another complex issue for people going through a divorce. With the children split between two households, it can be difficult to ensure that they have enough quality time with each parent. Parents may also struggle with the changes that come with a new schedule, such as adjusting to being away from their children for extended periods of time. In some cases, parenting time may be court-ordered, but in others, parents may have more flexibility to negotiate their own schedules. However, it is essential to keep in mind that parenting time should always be based on the best interests of the children and their relationships with both parents.

Divorce can be a difficult and emotionally taxing experience, especially when children are involved. Parents in Naperville, Illinois face many challenges during the divorce process, including custody battles, child support, and parenting time. It is important for parents to work together and find solutions that are in the best interests of their children. In some cases, it may be helpful to seek the guidance of a mediator or a family law attorney to help navigate these challenges. Regardless of the outcome, it is important for parents to remember that their children's well-being should always be the top priority.

Contact a Will County Divorce Lawyer

If you’re going through a divorce and concerned about child issues, get in touch with our Naperville divorce lawyers at Law Office of Ronald L. Hendrix, P.C. for assistance in preparing the best outcome for your children during this difficult time. For a free consultation, call 630-355-7776.

Source: 

https://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2497&ChapterID=59