Allocating Parental Responsibilities in Divorce: Parents Usually Know Best

 Posted on December 00,0000 in Parental Rights

The decision to file for divorce is always a difficult one, but the challenges are often magnified when the situation involves children. While issues like marital property and spousal support are certainly important, the future of your children and your parental rights should never take a back seat to more material concerns. The judge overseeing your divorce has authority under the law to issue orders regarding your children, but the process should begin with the two people who know your children the best: you and your soon-to-be ex-spouse.

Statutory Encouragement

The Illinois Marriage and Dissolution of Marriage Act presumes that divorcing parents will have an interest in developing a parenting plan that fits their individual circumstances and serves the best interests of their children. Therefore, divorcing parents are expected to draft and submit a proposed arrangement to the court. Each parent may draft a separate plan or the parents can work together on a single proposal. If the parents submit a jointly-drafted plan, the court must review it to be sure that it is reasonable and that the child’s interests are fully protected.

Decide to Cooperate

When you are looking ahead at your post-divorce life, you need to decide what type of relationship you want to have with your ex-spouse. Keep in mind that he or she is also the other parent of your children, so you are going to be a part of each other’s lives for quite some time. By making the conscious decision to work together in deciding on parental responsibilities and parenting time, you can set the tone for a much smoother relationship in the years to come. Starting off hostile and argumentative is likely to have the opposite effect, leading to months and years of tension and disagreement.

Be Ready to Compromise

Chances are, if your case goes to court, both of you will experience a great deal more stress and anxiety—not to mention the financial costs—than if you can negotiate a parenting plan on your own. This means that both of you will probably need to give in on certain points or concerns, allowing the other person minor “victories” in exchange for other considerations. That is not to suggest that you should give your spouse everything he or she wants, but a little empathy and kindness can go a long way.

Also, do not forget that your child’s best interest needs to be the guiding principle of the entire process. Serving your own needs at the cost of your child’s is both irresponsible and unacceptable. A plan that contains provisions that do not protect your child is likely to be rejected by the court.

We Can Help

At the Law Office of Matthew M. Williams, P.C, we have been helping parents with child-related divorce issues for more than a decade, and we are ready to offer you the assistance you need. Contact an experienced Aurora family law attorney today by calling 630-409-8184 for a confidential consultation.

Source:

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=075000050HPt%2E+VI&ActID=2086&ChapterID=0&SeqStart=8350000&SeqEnd=10200000