Illinois has reworked the way that the state deals with child related matters related to divorce. The terms child custody and visitation have been replaced by “parental responsibilities” and “parenting time.” However, many people continue to use the term “child custody” informally. Divorced or unmarried parents create a “parenting plan” that describes the allocation of parenting time and parental responsibilities as well as other child-related concerns and submit it to the court for approval. However, circumstances change, and sometimes parents need to modify their parenting plan.

Changing a Child Custody Order Before Two Years Have Passed  

In any child-related legal matter, the court’s priority is always the child’s wellbeing. Illinois courts make all child custody decisions based on what is in the child’s best interests. Because change is often hard on children, courts typically avoid changing parental responsibilities within two years of establishing or modifying the custody arrangement.

If it has been less than two years since you created your parenting plan or modified the plan, the court will grant you a modification if you can show that the modification is necessary to protect the child’s safety. The court will only allow you to change the allocation of parental responsibilities if the child’s current living environment endangers his or her physical safety, emotional or mental health, or moral wellbeing.

Parents often worry about how a divorce will affect their children. If you are divorced or soon will be, the safety and well-being of your kids are likely your top priority. You may be especially concerned about how your relationship with your ex-spouse will affect your children. While some divorced and unmarried parents remain friends, others can hardly stand to be in the same room together. If your relationship with your ex is closer to the latter, consider the following tips for maintaining a peaceful and effective co-parenting relationship.

Get Everything in Writing

A successful and non-combative co-parenting relationship starts with a strong parenting agreement. In Illinois, divorcing parents are expected to submit a “parenting plan” that describes the parenting schedule and other key parenting concerns. The parenting plan should be as detailed as possible. The more that you have in writing, the less you will be forced to figure out in the future. Furthermore, the elements of your parenting plan are legally enforceable. This means that if your ex refuses to stick with the plan, you can get the plan enforced by the court.

Make sure to include provisions addressing:

One of the most crucial aspects of a divorce case is the disclosure of financial information. Without a full and accurate accounting of a couple’s assets and liabilities, it is difficult to make fair decisions regarding property distribution, child support, and spousal maintenance.  If you are considering divorce and you or your spouse have a high net worth, the stakes are even higher. Identifying and evaluating the assets, income, and revenue are key to ensuring that the terms of your divorce are based on factual financial information.  

Common Methods Spouses Use to Falsify Financial Information in a Divorce

Per Illinois law, spouses are entitled to an equitable share of the marital estate in a divorce. Before the marital estate can be divided, an inventory of each spouse’s assets, income, and debts should be made. One of the first steps in any divorce case is financial disclosure. Some divorcing spouses “forget” to include sources of income or assets on their financial affidavits. Others actively hide assets by transferring the asset to a friend or colleague or physically hiding cash or valuables in safety deposit boxes or around their home. Business owners may alter business records, delay invoices, or temporarily lower prices to create the illusion of a failing business.

If it is discovered that a spouse lied about financial data in an attempt to gain an unfair advantage during divorce, the innocent spouse may be awarded a larger share of the marital estate. The spouse who lied may even be held in contempt of court.

Disputes over child-related matters can often be quite contentious. The resulting bitterness and resentment can affect the relationship between the parents for years to come. Issues involving child custody—now called the allocation of parental responsibilities in Illinois—parenting time, child support, and any other concern related to children are complicated, and when parents cannot reach an agreement, the court will need to step in and make long-term decisions for the family. In some cases, the court will appoint an independent attorney called a guardian ad litem to assist in the decision-making process, and it is important for you to understand why he or she may have been appointed.

What Does a Guardian ad Litem Do?

To appreciate the reasons behind the court's appointment of a guardian ad litem (GAL), you must first understand the role that the GAL will play in your proceedings. The GAL does not represent either parent or the child; instead, he or she works essentially as an extension of the court and an expert witness. He or she has the power to investigate the family's situation by conducting interviews, reviewing documents, and examining any other relevant information. Based on the results of the investigation, the GAL provides a recommendation to the court of what the ideal outcome should be in the case. Because eligible GALs undergo specific training required by the county, their recommendations are given significant weight by the court.

Reasons to Appoint a GAL

Some family court judges prefer to appoint a GAL in nearly every child-related case while others may wait until a need becomes evident. If the court can see that reasonable progress is being made between the parents, the services of a GAL may not be necessary. If, on the other hand, the parents refuse to compromise or continue to make accusations against one another, a GAL is likely to be appointed.

If you are a parent whose time with your child has been limited due to a divorce, it can be very difficult for you to maintain the relationship with your child that you wish to have. This may be especially true if the other parent has been granted a majority of the parenting time and you only see your child a few days each month. Illinois law, however, allows parents in such a situation to include provisions in their parenting plan that could create extra parenting time opportunities under certain circumstances.

Defining the Right of First Refusal

Under the Illinois Marriage and Dissolution of Marriage Act (IMDMA), your parenting plan should address what is called “the right of first refusal” regarding your child. If you have the right of first refusal, it means that the other parent must contact you and offer you the opportunity to care for your child if the other parent would otherwise need to find a sitter or alternative childcare. Depending on how your parenting plan is structured, you may be required to offer the same opportunity to the other parent if and when you need someone to care for your child. It is important to note that including the right of first refusal in your parenting plan does not obligate you to accept every such opportunity; the right of first refusal refers to optional additional parenting time.

Setting the Parameters

If the right of first refusal is going to be a part of your parenting plan, specific rules on how it will be utilized need to be determined. One element is the duration. For example, will the other parent need to call and offer the right if he or she only has a two-hour meeting after work one day? Or, will the right of first refusal be reserved for longer periods such as overnights or a certain minimum number of hours?