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Understanding the Best Interests of the Child Factors in Depth
There are few challenges in life more difficult than divorce. It is certainly a hassle to gain a legal end to your marriage and determine how to divide important family assets, such as the family home. Often the biggest challenge in a divorce though is figuring out the custody arrangements of children. Such a process can be fraught with complications and emotions.
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Who is the Primary Caregiver? - The court will look to see who is the primary caregiver of the child. This is the person who provides the child with food, takes them to school, purchases their clothes, and performs other necessary duties.
Coping With Divorce: Tips and Advice
Divorce is a painful process--legally, financially, and emotionally. Considering the immense strain placed on involved partners, it is important to consider some tips for coping with the pressures of divorce.
- Take Time to Mourn - Divorce is a type of loss. The family and living situation you once had is no more. Recognize that it is perfectly normal to feel a mixture of emotions, such as anger, confusion, regret, and loneliness. Give yourself some time to heal.
- Keep Physically Fit - Divorce can lead to stress, anger, tension, anxiety, and a host of other toxic feelings. A physical fitness routine can be the best medicine for such ailments. Exercise regularly. Plan regular trips to the gym. Even going on a 20-minute walk can do wonders for your well-being. Do anything that gets your body moving. In addition to exercise, be sure to eat healthy and nutritious meals, and make sure to get an adequate amount of rest.
Preparing for Your Disabled Child’s 18th Birthday
Raising a disabled child, particularly one who has psychological or intellectual disabilities can be a difficult and trying experience. As your child approaches his/her 18th birthday, there are a number of things to consider. In most states, the responsibilities of a young adult are assigned when a youth turns 18. Assuming guardianship of your child may be the best option to help you protect your child as they enter adulthood.
Under Illinois state law, there are two types of guardianship that you may consider. The first of these is limited guardianship. This type of guardianship is used when the disabled person can make some, but not all, decisions pertaining to themselves and their finances or estate. When assuming limited guardianship, the powers granted to you must be specifically listed within the court order. This type of guardianship can grant you limited guardianship of the person, finances/estate, or both. The second type of guardianship is plenary guardianship. This type of guardianship is more restrictive than the first, and is used when the “individual’s mental, physical, and adaptive limitations” make it necessary for the guardian to make all important decisions regarding personal care and finances. There is one other option that you need to consider: testamentary guardianship. This is used by parents of a disabled child to designate a guardian upon the death of both parents in your will. While the final guardian will still need to be appointed and approved by the court, this ensures that the courts will take your wishes for guardianship into account before making their decision. It is important to remember that should your proposed guardian be found inappropriate, the court will still have the power to appoint someone else. Knowing which type of guardianship to consider and what steps are necessary to assume guardianship can be difficult. Having a qualified family law attorney can help make the process smoother for your family. Contact the experienced family law attorneys at Davi Law Group, LLC today for a consultation on your case.
Can Watching Movies Help Prevent Divorce?
A new theory is being tested to curb the divorce rate among newly married couples. In light of the statistic saying almost half of married couples divorce in the first four to five years, many professionals are asking what can be done to improve that number. A recent article suggests that the answer may be easier than one may think.
Watching Movies
One researcher is exploring the possibility that a task as simple as watching a movie with your spouse may curb your chances of divorcing. He has been asking couples to watch five movies per month that have a theme of exploring relationships and then discuss the movies with each other. The idea is to strengthen marriages while couples are happy with the relationship, which, ideally, would improve the odds against getting a divorce. The model suggested offers couples the opportunity to essentially participate in a form of therapy on their own, while also taking part in an activity they would otherwise find enjoyable.
Call to Remove Juveniles from Sex Offender Registries
Many people can undoubtedly relate to a situation in which they have made a poor decision as a juvenile. Though the activities associated with poor judgment as adolescents may vary in degree and seriousness, most individuals involved in such a situation usually see the error of their ways, learn, and move on. Others are not as lucky. In fact, some of those juveniles seem to deal with the consequences of a bad decision for the rest of their lives. One such situation involves juveniles who are required to register as sex offenders.
The Troubling Statistics
A study recently released by the Illinois Juvenile Justice Commission states that the requirement for juveniles to register as sex offenders interferes with the juvenile’s efforts at rehabilitation and punishes them for a crime that the majority never commit again. The Commission is recommending banning the practice of adding juveniles’ names to sex offender registries who are under the age of 17. Currently, all juveniles convicted of sex crimes are required to register, and 70 percent of them must do so for life.
Routines Support Children’s Social and Emotional Health
Often in divorce or child custody cases, the primary concern is, or should be, the well being of any children that are involved in the case. In fact, the standard the court uses to make decisions regarding custody and support is always what is in the best interests of the child. Now, a recent article suggests that establishing routines for children to follow is found to boost their social and emotional health, which would be in their best interests, and may help when adjusting to new lifestyle changes, such as divorced parents and split schedules.
Routines that Focus on Consistency
The article features a number of parents who testify to the fact that routines and providing children with constants in their lives helped them adjust to change while also teaching them to be flexible. The idea is not so much focused on sticking to a tight schedule, but rather valuing consistency that give kids a sense of security and belonging by providing them with structure and a stable environment. Research shows that this leads to kids feeling more competent and confident.
Changing Your Estate Planning Documents after Divorce
Ending your marriage also changes many other aspects of life. Not only does one’s social life change, but divorce can cause a number of legal effects on your life as well. After divorce, one key issue to consider is changing your estate planning documents to reflect your new status your new estate planning wishes. Following is a good framework for this estate planning issue, and what can be done to make sure that your wishes are carried out after a divorce.
Automatic Changes
While you will need to make some specific changes to your documents after divorce, some changes are automatic. For example, Illinois law provides that once you are divorced (have a final decree of divorce), any provisions in your will providing for an ex-spouse will be revoked automatically. This addresses one possible outcome, but does not serve to protect the testator from the other implications that can arise if a will is left unchanged after a divorce.
FAQs on Guardianship in Illinois
Whether the concern is focused on a minor child, an elderly deteriorating relative, or an individual who is disabled, the law of guardianship may be relevant to the situation and can operate to step in and address some concerns while making a difficult situation more manageable. Many may be unaware that such a legal proceeding exists, and those who are aware may still have many questions about the process. Below, you can find some common and general questions about guardianship and some helpful answers to the same.
When is guardianship needed?
Guardianship is necessary when a person is not able to make or communicate responsible decisions about their personal care or finances. This inability is often attributed to a mental, physical, or developmental disability. The fact that a person may be elderly, mentally ill, or disabled does not necessarily mean they need a guardian. It must be shown that the person is also unable to make proper decisions for themselves. The extent of a guardian’s authority regarding making decisions for an incapacitated person is determined by the court after a thorough evaluation and report.
Can You Prevent Your Spouse from Cheating?
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Proposed Shift in Custody Law to Shared Parenting
The end of a marriage is an emotionally tumultuous time. This is especially true when children are involved. The prospect of fighting an ex-spouse in court over the legal and physical custody of shared children is overwhelming for most individuals. It usually represents a dramatic life change, affecting parents and children equally. While a court decision regarding child custody may solidify one parent’s relationship with their child, it could irreversibly damage the other’s. A recent article discussed the damage that this system could have on a family, and why courts should favor a shared parenting approach.
The Reality for Non-Custodial Parents Child custody and visitation schedules often result in one parent missing out on a significant portion of their child’s life. This affects not only the parent, but that entire side of the child’s family. Many times, a non-custodial parent is relegated to just a few hours per week and every other weekend to spend with their child. This is sometimes true even in cases where the non-custodial parent has provided care and been involved in the child’s life from the beginning. This schedule allows for very little quality time, and does not allow for the non-custodial parent’s meaningful contribution to their child’s life, which can prove damaging to both the parent and the child and negatively impact the child’s future relationships. Illinois’ Shared Parenting Bill Illinois House Bill 5425 is a proposal aimed at avoiding the damaging effects of a skewed custody arrangement. Under the bill, parents would have 90 days to reach an agreement regarding shared parenting. If they cannot do so, but are deemed to both be good and fit parents, the bill would guarantee the non-custodial parent be awarded at least 35 percent, and as much as 50 percent, of parenting time per week. The purpose of the bill is to promote equal bonding time between the children and both parents. The exact amount of time awarded depends on the best interest of the child or children involved. Although the bill has not yet been passed, it has gotten strong bipartisan support. Opponents of Shared Parenting While the bill may seem like a good idea, not everyone is behind it. Some say that divorce is a complicated issue and each situation must be determined on a case by case basis. While many child custody cases may support a more even split among parents regarding custodial time, not every case would benefit from the same. Opponents say it is best to leave the matter of ordering custody up to the discretion of the judge, who is in the best position to view the evidence presented and make an appropriate determination. Child Custody Attorney It is imperative to consult with an attorney experienced with child custody and support matters if you are a parent fighting for your children. At Davi Law Group, LLC, our attorneys have had successful results in representing clients in such matters. Please contact us for a consultation. We serve clients in Chicago, Wheaton, and Warrenville.
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