The term “parental rights” can be confusing. Many parents assume that their parental rights are automatically granted to them when they have a child. While this is somewhat true, it is important to understand how and when parents’ legal rights are granted or revoked under Illinois law.

How Do Parents Gain Parental Rights?

Mothers are considered the legal parent of a child when they give birth. Fathers can gain parental rights by establishing paternity. Paternity is assumed for married parents, meaning the husband of a woman who gives birth to a new baby is automatically considered the child’s legal parent. Signing a document called a Voluntary Acknowledgment of Paternity (VAP) is the most popular method of establishing paternity when unmarried parents both agree on who the child’s father is.

Parents can also establish paternity through an administrative process with the Department of Child and Family Services or a judicial process with the court.

In Illinois child custody cases, a guardian ad litem (GAL) may be appointed to represent the child and their best interests. A GAL is typically an attorney who is placed by the court to investigate and make recommendations regarding custody, visitation, and other issues related to the child’s welfare.

Understanding the role of GAL in Illinois child custody cases is essential for parents who are going through a divorce or custody dispute.

What is a GAL?

A GAL is a person the court appoints to represent the child’s best interests in a custody case. The GAL is not a party to the case but rather an independent third party that is directed to investigate and make recommendations regarding what is best for the child.

For parents getting divorced, the impact of the divorce on their children is generally at the very top of their minds. Parents worry about how children will respond to the news of the split and how they will cope with the impending changes to their family. Fortunately, many children with divorced parents grow up happy and healthy. However, that is not to say that the divorce will be easy for them.

As you navigate this complicated situation, consider the following tips from child experts and psychologists for discussing divorce with children.

Stick to the Facts and Avoid Oversharing

One of the most important things to remember when discussing the divorce with your children is to remain fact-based and age-appropriate. Your marriage may be ending because your spouse had an affair, gambled away the savings account, or otherwise betrayed you. Or, the divorce may be the result of a marriage that has been broken for years. Whatever the reason, it is important not to get into the details about why the marriage is ending. Instead, factually explain the logistics of the split, where the children will live, and when they will see each of the parents.

 Collaborative divorce is a specific type of divorce process in which spouses are represented by their own attorneys, but still work cooperatively toward a solution. The ultimate goal of the collaborative divorce process is to reach a settlement on divorce issues such as property division and the allocation of parenting time and responsibilities without litigation. To facilitate this process, the divorcing spouses typically sign a Participation Agreement. The Participation Agreement is a document that outlines each party's commitments and expectations throughout the collaborative divorce process.

Elements of a Participation Agreement or Collaborative Agreement

A Participation Agreement is a document that outlines the expectations of all parties involved in the collaborative divorce. It outlines each party's legal rights and obligations.

Most participation agreements include the following provisions:

If you are a divorced parent or soon will be, you may already be planning for the upcoming summer break. For many families, the end of the school year marks the beginning of a time when many co-parents must establish a new schedule for their children. The best way to ensure that everyone has an enjoyable and successful summer is to work together as co-parents and ensure that you and the other parent are on the same page regarding parenting time and responsibilities.

Set up a Parenting Plan or Temporary Allocation Order

The parenting plan or parenting agreement is crucial for divorced parents in Illinois. This is the document that contains everything from when each parent will have the children to how major decisions regarding childcare and education will be made. It is important that both parents agree to the terms of the plan, as it will serve as a road map for all parenting situations during summer break and beyond. If you are in the middle of getting divorced and do not yet have your final parenting plan, you can ask the court to enter a temporary order.

Divorcing parents who are on good terms may be able to negotiate temporary custody plans without the need for a formal court order, but it is still recommended that you put this agreement in writing.