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Wakenight & Associates, P.C.

9405 Bormet Drive, Suite 7, Mokena, IL 60448

Mokena | 815-727-6144

DuPage County | 630-852-9700   Oak Park | 708-848-3159

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Recent blog posts

Mokena parental relocation attorney

It is not uncommon for a person to move after they have finished with a divorce. While this can be a fresh start for many people, relocating can prove to be a challenge if you are a parent. When you are a parent and you get a divorce in Illinois, you are required to submit a parenting plan to the court before your divorce will be granted. In that parenting plan, the terms of your parenting arrangement, such as how parenting time is split between you and your ex-spouse, are clearly laid out. One of the things that is also included in the parenting plan is how parental relocations will be dealt with, which can become a complicated issue if one of you objects to the other’s planned relocation. 

Notifying the Other Parent

Before you do anything, you should first determine whether or not your move is considered a relocation. According to the Illinois Marriage and Dissolution of Marriage Act (IMDMA), you must follow certain requirements if you plan to move with your child more than 25 miles away from your current home if you currently reside within DuPage, Cook, Kane, McHenry, Will, or Lake counties, or if the new home is outside of Illinois. If you currently live anywhere else in Illinois, a move is only considered a relocation if you move more than 50 miles away from your current home.

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New Lenox divorce lawyer for credit issues

It should come as no surprise that a divorce comes with a lot of emotional baggage and worries. During your divorce, your living situation may change, prompting a transitional period as you readapt to your new arrangements and your new, single-income household. You may worry about your children and how they will react to the divorce. In addition to these concerns, you may also need to address your credit score and financial health. Though the act of getting a divorce does not inherently affect your credit score, the way you handle your finances during the divorce can. Here are a few ways in which a divorce can impact your credit score in a less-than-favorable way:

You Did Not Account for the Loss of One Income

One of the most drastic financial changes you will experience during a divorce is the loss of an entire income to your household’s funds. Many people underestimate the impact this can have on their financial health, especially when they have been used to running a household on two incomes for a long time. Budgeting is key when making sure you have enough money to pay for all of your monthly expenses.

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Will County fathers’ rights attorney parenting time paternity

If you are the father of a child, you may worry about what your parental rights are under Illinois law. Unmarried or divorcing fathers are often especially concerned about their parental rights and responsibilities. Although mothers often have the majority of parental responsibility and parenting time, fathers have just as many rights under Illinois law as mothers do. The law treats mothers and fathers equally, but fathers may have unique family law concerns related to paternity and other matters.

The Right to Establish Paternity

When a woman gives birth to a child, she automatically becomes the child’s legal mother. The same is not always true for a child’s father. Unmarried fathers may need to formally establish paternity in order to become their baby’s legal parent. There are three ways to establish paternity in Illinois. First, both parents may sign a Voluntary Acknowledgement of Paternity (VAP) at the hospital where the baby was born or at a later date. Paternity can also be established through a court order or through a hearing with the Department of Healthcare and Family Services. Establishing paternity is the first step in gaining the parental rights afforded to fathers under the law. However, you will still need to file a separate petition for the allocation of parental responsibility and parenting time with the court after establishing paternity. You will also be subject to Illinois law regarding child support.

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Orland Park divorce lawyer for parenting plans

Getting a divorce is an upheaval of your entire life as you know it. Your living arrangements, your financial situation, and even the people who are present in your life may all change. If you have children, you also have to consider how all of these changes will affect them and how you will work to ensure they have as stable of an environment as possible. During your divorce, you will also have to come up with a plan as to how you and your ex-spouse will raise your children together, even though you are no longer a couple. All of this information will be contained in a parenting plan, which will be your “parenting manual” once your divorce is final.

What Is a Parenting Plan?

A parenting plan is a written agreement that is part of a divorce decree. The parenting plan will contain information about how parenting time is allocated and how parental responsibilities are handled. Within 120 days of filing a petition for allocation of parental responsibilities during divorce, you must also submit a parenting plan either together with your ex-spouse or separately. If you and your ex-spouse do not agree on a parenting plan, the judge in your divorce case can order you both to attend mediation, where you will work together to come up with a plan that you can both agree on. If you are unable to reach an agreement, the judge will make decisions for you about how these matters will be handled.

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New Lenox divorce attorney for child issues

When you have children, it changes your entire life. You put their wants and needs before your own much of the time, and you always want what is best for them. This is why many couples try to “stay together for the kids” even if they are not happy in their relationship. While this may seem like a good idea, studies have shown that staying in an unhappy marriage for the sake of the children actually does more harm than good. Children who grow up in unhappy households tend to have more problems than children whose parents got divorced. While it is true that a divorce can affect the children, there are things you can do to help protect your kids as you and your spouse separate from each other.

Take Your Fighting Elsewhere

Most people do not plan to have an argument, and disagreements or fights often happen in the heat of the moment. With that being said, it is important to avoid fighting in front of your children if you can help it. Studies have shown that children who are exposed to their parents’ constant fighting tend to have more behavioral and/or emotional issues. If you and your spouse have an issue you need to resolve, make sure you do it out of earshot of the children.

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