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Children and Divorce: What Does “Best Interest of the Child” Mean
When a child's parents decide to divorce, they must determine who will have decision-making power over certain aspects of their child’s life, such as where they will go to school or church. This component of a parenting plan, now known as the allocation of parental rights (formerly known as custody) is made based on the best interests of the child. Learn more about this phrase and its meaning in the following sections, and discover how a seasoned family law attorney can help you with developing a sound and comprehensive parenting plan to fit your family’s needs.
Best Interest of a Child - The Basics
In the simplest of terms, the best interest of a child is the standard that the courts used to make parenting plan determinations. It assesses what might be “best” for the child, based on their needs. Studies have consistently shown that children tend to fare best after a divorce when they have the continued support and connection with both parents, so several states have made a 50-50 parenting plan the default. In all other states, a variety of factors are used to determine how parental responsibilities should be allocated between the divorcing parties.
Dividing Your Retirement Pension Plan in Divorce
Aside from the family home, retirement accounts are typically one of the more valuable assets in a couple’s marital estate. When dealing with one in divorce, the valuation must be accurate and the division process must be exacting. Otherwise, the parties may be subject to lengthy delays, severe tax penalties, and a significant decrease in the overall value of their final settlement. Thankfully, all of these issues can be avoided, so long as the parties are educated about the process and have proper guidance from seasoned, competent financial and legal professionals.
Not All Retirement Plans Are Divided in Divorce
Though it is rare, it is possible for a retirement pension plan to be excluded from the marital estate. One example would be if the contributing party started the account prior to the marriage and has not made a contribution since that time. Contributing parties who wish to keep their retirement account intact may also choose to “buy out” their spouse by offering up other marital assets in lieu of a cut from the pension plan (i.e. trading the family home for the retirement plan).
Divorcing the Narcissist - 5 Tips to Protect Your Mental and Emotional Well-Being
While any divorce can be complex, emotional, and acrimonious, few cases escalate quite as severely or quickly as those that involve the narcissist. Manipulative, charismatic, and calculating, they will do almost anything to “get even” with the spouse that wants to divorce them. Learn how to manage such a situation, and discover how our seasoned lawyers can help protect both you and your children during your Illinois divorce.
1. Start an “Armageddon” Fund Now
Any divorce can become costly, especially when the divorcing parties struggle to find common ground. When it comes to the narcissist, there is no common ground; there is only retaliation and manipulation. As such, anyone divorcing a narcissist should plan for a costly and lengthy divorce. The narcissist spouse may also attempt to freeze or stop all funds.
Start saving for armageddon now and you can avoid a lot of financial stress once you do start the divorce process. Just be certain to divulge to your attorney that you have stored money away for your own protection. Armed with that knowledge, they can add those funds to the pool of assets to be divided in the divorce without you being at risk for “stealing” assets.
Allocation of Parental Rights and Parenting Time - Examining the Differences and How Each is Determined in an Illinois Divorce
When married parents decide to divorce, they must develop a parenting plan that addresses both the allocation of parental rights (formerly known as child custody) and parenting time (formerly known as visitation). The details of that plan are used to draft a legal document that is then registered with the courts.
Once entered, parenting plans are considered a legally binding agreement between the two parents; failure to comply could result in severe and costly consequences. As such, it is critical that divorcing couples fully understand the differences, limitations, and nuances of both parenting plan components. Learn more with help from the following sections.
Allocation of Parental Rights
The allocation of parental rights determines the amount of decision-making power that a parent has in their child’s life, particularly when it comes to “hot button” issues like education, medical care, and religious practices. It is important to note that a parent does not lose their right to have a say in their child’s life if they do not receive an equal or greater allocation. Instead, the other parent simply has the “final say,” and they are able to make smaller, day-to-day decisions without having to consult the other parent.
Divorce and Children: Deciding Who Gets “Custody” of the Kids Before Court
According to studies on divorce, children tend to adjust best when they have the continued love and support of both parents. While many divorcing couples understand this and strive to ensure that the child has time and a connection with both parties, some struggle to find common ground. In such a scenario, the courts may be forced to decide where the child will live and go to school, but what happens between the filing of paperwork and the finalization of divorce?
Prioritizing the Best Interests of the Child
Divorce can bring out the worst in people. Not only do they have to completely rearrange their lives, but they are also dealing with a perceived loss, which can lead to feelings of grief. If unmanaged, grief can lead to feelings of anger and resentment toward one’s spouse. Those emotions can be further amplified if one feels that their spouse is responsible for the divorce, or is trying to “take the child away.” There are other scenarios that can create strife in a divorce as well, such as a party feeling like they are losing their child, or that they are not getting enough time with them.
Retirement and Divorce: How Preparation Can Mitigate the Potential Consequences
Married couples dream of retiring and enjoying their golden years together, but with the high rate of divorce these days, this dream is not always realized. In fact, divorce in retirement has become extremely common - so much so that it has even developed a name. Dubbed the gray divorce, retirement in your senior years can significantly impact your future. Learn how to prepare and mitigate the effects with help from the following sections.
How Divorce Can Negatively Impact Your Retirement
Divorce can be a costly endeavor, in and of itself, but its effect is often amplified when it occurs during or shortly before retirement. Much of this can be attributed to the division of assets and the lack of earning years left for the divorcing parties. Younger couples have time to rebuild their retirement; this may not be true for those approaching retirement or currently retired. Yet, like all other divorcing couples, their assets must be equitably distributed between the divorcing parties.
How Claims of Alienation and Abuse Can Affect Your Parental Rights
In a divorce, the safety and well-being of children are prioritized by the courts. As such, accusations of abuse and parental alienation are treated as serious matters. Learn how abuse and alienation claims are handled by the family courts, how it may impact your parental rights, and what you can do to improve your chances of a positive outcome in your Illinois divorce.
Immediate Effects of Abuse and Alienation Claims
Once a claim of abuse or alienation is made, your rights may be immediately impacted. You could be subject to supervised visitation, meaning you cannot see or spend time with your children unless another adult or court-appointed supervisor is present. Depending on the situation, you may even be restricted from speaking with your child over the phone.
Though claims may be unfounded, the courts require that an investigation take place before your rights can be fully returned to you. Typically, this means you will need to speak with a social worker or your child’s Guardian Ad Litem. They may also speak to your child’s friends, neighbors, teachers, and other persons of interest in your child’s life.
Behind on Child Support Payments? Try These Methods
Raising a child takes financial resources, so when you are ordered to pay child support, is important that you fulfill your financial obligation. Unfortunately, life can get in the way. People get injured or laid off from their jobs. Health complications can make it difficult to maintain gainful employment. If any of these (or any other scenarios) apply to your situation, there may be options available to you. Learn more with help from the following information.
Defaulting is Never an Option
Parents who fall behind on their child support payments sometimes avoid asking for help because they fear it will only increase their overall costs. Yet, if changes to their order for support are not made, the obligated parent may fall far enough behind on their payments to warrant disciplinary action from the state. Such consequences may include:
- Jail time,
- Cancellation of one’s driver’s license,
The “Happy Divorce” - What it is and How Parents Use it to Protect the Wellbeing of Children
Divorce has seen a lot of changes since its peak in the United States. Whereas courts used to almost always award custody to the mother, with fathers being afforded very few rights, the system now recognizes that children need and deserve the love and support of both parents. Developmental and behavioral studies on children have been integral to these changes, but parents themselves have helped to pave the way as well.
Divorcing Parents Have Created a New Trend
While some divorce cases involving children remain acrimonious, the majority of parents recognize that their child is extremely vulnerable to behavioral and emotional trauma during parental separation. Moreover, parents are becoming more knowledgable about the negative effects that a bitter divorce can have on the future and overall development of their child. As a result, many are intentional about the way they conduct themselves during the divorce process.
Protecting Your Mental Health in Divorce
From an attorney’s perspective, divorce is primarily a financial transaction. Yet, for the parties separating, divorce is far more than just a division of assets; it is an emotional endeavor. Grief, an emergence of buried emotions, and even feelings of doubt and regret can surface.
Some fall into depression at this time. Others experience intense anger. Parties leaving an abusive situation can also suffer from PTSD. In short, it is important to protect one’s mental health during a divorce. The following tips offer a few ideas on how to go about doing this.
Allow Time for the Grieving Process
As previously mentioned, grief is exceptionally common during divorce. Rather than deny or bury it, allow grief to take its natural course. By avoiding it, you can end up doing yourself for harm than good.
Rising stress levels, suppressed anger or resentment, and other negative emotions are all common symptoms experienced by those who are attempting to avoid their grief. In contrast, those that allow themselves the time to process and grieve their loss tend to adapt much better after their divorce. This is likely because they feel more grounded and at peace with their decision.
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