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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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Mokena child custody lawyer for right of first refusalIf you are getting a divorce in Illinois, and you have children, you will automatically have more things you will have to do before you can complete the process of legally ending your marriage. When Illinois parents get divorced, they will be required to come up with a parenting plan, which will contain information on how parenting time is allocated between the parents. The parenting plan will also contain other information, such as how decisions will be made about the child’s life, how the child will be raised, and protocols to follow if there are ever any changes to the parenting plan. Though it is not required, the right of first refusal is also something that can be included in a parenting plan.

What Is the Right of First Refusal?

The right of first refusal addresses situations in which a parent is unable to care for a child during his or her designated parenting time. In these cases, the parenting plan would require the parent to contact the other parent to ask if he or she could take care of the child before attempting to make arrangements for alternative care. In cases where the parents can cooperate enough to create their own parenting plan, they can choose whether or not to include information about the right of first refusal. If the court must intervene, it can also determine whether or not the right of first refusal is in the child’s best interest. 

It is widely accepted that a loving relationship with both parents is important for a child’s healthy emotional development. In situations in which one parent has a majority of the parenting time, the right of first refusal allows the other parent to have as much parenting time with the child as possible.

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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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 Will County child custody attorney nesting parenting arrangement

Divorce is the legal process of separating yourself from your spouse, but as much as it is a legal process, it is also an emotional one. Though you may be feeling stressed, angry, and sad, your children are also feeling the pressure -- perhaps even more than you are. Many children do not understand divorce, especially if they are young. One of the hardest things for children is adapting to all of the changes that take place so quickly during a divorce, such as their living arrangements and shared parenting time. One type of parenting agreement that many modern parents have flocked to is called a “nesting” parenting arrangement.

What Is a Nesting Agreement?

Nesting arrangements are aptly named; in one of these types of parenting agreements, the “nest” is the family home. The children continue to reside in the family home like they did while the parents were still married, and the parents are the ones who take turns coming and going. Nesting arrangements allow for minimal disruption to children’s lives and are most commonly used as a transitional type of parenting arrangement until the parents agree on a more permanent schedule.

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Mokena divorce lawyers

Divorce is stressful, even for the most steadfast of people. When there are children involved in a divorce, things become more complicated. Children tend to process divorce differently than adults because they are still developing mentally and emotionally. If a divorce is not handled properly, children can experience lasting effects, such as depression and low self-esteem. 

Illinois courts take a very child-centered approach to divorce proceedings. They put the children’s best interests first when making child-related decisions. But what actually are the child’s best interests?

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Tinley Park child custody attorney parenting planSome of the most highly contested issues in Illinois divorce cases are those involving children. Both parents are entitled to certain rights when it comes to their children, and this includes both mothers and fathers. Most child-centered issues resulting from a divorce must be accounted for in a parenting plan. 

A parenting plan is a document that outlines and allocates both significant decision-making responsibilities and decision-making responsibilities. A parenting plan can come in handy when issues arise after the divorce is finalized. As part of a divorce decree, this document is enforceable by the court, and parents are required to follow the plan unless it is modified at a later date.

Elements of a Parenting Plan

During a divorce case, Illinois courts require that both parents submit a parenting plan to the court, either separately or jointly. If you and your spouse are unable to come to an agreement on your own, the court will likely order you to attend mediation to help you formulate a parenting plan. If that still does not work, parenting time and decision-making responsibilities will be allocated based on what the judge determines to be in children’s best interests. 

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