One of the most important concerns in a legal separation is figuring out what will happen to your children. It is important to put your children first and work together with your spouse to create a plan that is in their best interests. Failure to do so may require going to court to get a judge’s decision on child support and parental responsibilities. This can be a difficult process, but it is important to remember that the judge will make decisions based on your children’s best interests.

If you are considering legal separation in Chicago, it is important to speak with an experienced divorce and family law attorney. They can be an invaluable asset in helping you understand your legal rights and options and can represent you in court throughout the process.

Parental Responsibilities

One of the most important issues to be decided in a legal separation is determining who will be granted parental responsibilities for their children. There are two main responsibilities to consider: decision-making and parenting time.

When parents get divorced, there is much more on the line than bank accounts and real estate. Their children’s future is on the line. Child custody issues are frequently the source of significant hostility and disagreement during a divorce involving parents. In some cases, a parent may even accuse the other parent of child abuse.

In Illinois, child abuse allegations are handled by the Department of Child and Family Services (DCFS). The DCFS investigation begins with an assessment, which will determine whether or not the allegations merit further investigation. If the DCFS determines that abuse or neglect has taken place, they may open a full-scale investigation.

If you are facing a divorce and child abuse allegations at the same time, it is important to take certain steps to protect your rights. Contact a family law attorney experienced in DCFS matters as soon as possible for legal advice specific to your situation.

While getting a divorce is never easy, it is often even more complicated if the divorcing couple has children. When a couple decides to get divorced, it is not entirely uncommon for one of the spouses to move away from where they lived during their marriage. This is often seen as a necessary first step in starting a new beginning and clearing their mind of the heartache they went through during the divorce. While it is true that moving can positively impact someone's mental health post-divorce, you must tread carefully if you are considering taking your child with you.

In Illinois, a parent cannot simply pack all their and their children's things and relocate somewhere far away without first getting the court's permission. Parental relocations are in no way guaranteed or automatic. For example, suppose your ex-spouse wishes to stop you from relocating, and they have been granted a share of the parenting time. In that case, the court will likely conduct a thorough analysis of the situation before reaching any decision. The court's eventual ruling will, in large part, be related to the best interests of the child. So, if you have gotten divorced and are interested in relocating with your child, contact an experienced attorney to ensure your rights remain protected and that the best interests of the child are kept at the forefront of all decisions made. 

How Are the Best Interests of the Child Determined? 

Courts are more likely to grant a parent's relocation request over the objection of the opposing parent only if it is found that the relocation will be in the best interests of the children involved. When determining if the relocation would be in the children's best interests, the court may consider various factors. These factors may include the following:  

For most parents, their greatest concern in a divorce is not who keeps the living room furniture, but rather, how much time they will get to continue spending with their children. Seeing the other parent obtain sole child custody is often a parent’s worst fear. If your spouse is threatening to pursue sole custody, or to keep the children from seeing you, you should know that this result is highly unlikely unless there is genuine evidence that you are harmful to the children. If no such evidence exists, courts in Illinois immensely favor a parenting time arrangement that allows both parents time with their children.

In most cases, you need not fear that you will never see your children again, regardless of what your spouse says. It is, however, important to promptly speak to an attorney, who can respond to the threat on your behalf and continue working to protect the precious time you share with your children. 

Are Sole Custody Arrangements Common? 

A parent’s rights to spend time with and share decision-making power over the child is not taken away lightly in Illinois. Our local courts are so opposed to sole custody arrangements that they will frequently use supervised visitation even when there is some evidence that a parent is not capable of safely caring for the children alone. 

Many recently divorced parents find it helpful to leave the area where they resided during the marriage to seek a new beginning elsewhere. Relocating can have a wonderful effect on the mental health of a newly divorced parent, particularly if the divorce was very challenging or the marriage itself was harmful. However, in Illinois, a parent cannot simply pack their children's belongings and relocate to a faraway area without first obtaining permission from the court. Parental relocations are not automatically granted if the other parent objects. If your former spouse resists the relocation and has been allocated any parenting time, the court is likely to conduct a thorough analysis before reaching a decision. As is true for all family law cases pertaining to children, this issue must be decided in favor of what is in the child’s best interests. It is important to consult an attorney before requesting permission to relocate with children. 

Determining Whether a Relocation is in the Child’s Best Interests

Courts will grant a parent’s request to relocate with the children over the objection of the other parent only if it is established that moving away is in the best interests of the children involved. In determining whether the relocation would be best for the children, the court will consider a number of factors similar to those used in determining an initial parenting plan. Factors considered may include: 

• Child’s adjustment - How well-adjusted a child is to their current home, school, and community is highly relevant. Courts may be reluctant to remove a child from a neighborhood they are well-acclimated to and involved in. 

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