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Kane County family law attorneysIf you are a parent residing in Illinois and you are planning to divorce, you and your child’s other parent will need to make decisions about the allocation of parental responsibilities and parenting time. You will have 120 days after you file for divorce to file a proposed parenting plan. If you and your spouse cannot agree on the terms of the plan, the court may need to intervene. There are a number of considerations the parenting plan must contain including decisions about when the child will spend time with each parent, each parent’s decision-making authority, and more.

Required Parenting Plan Elements

Parents are encouraged to make as many parenting decisions in advance as possible. The more issues parents work out during the creation of the parenting plan, the less likely they will experience conflict during their post-divorce co-parenting relationship.

Although you may choose to add additional items in your parenting plan, the required elements include:

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St. Charles family law attorneys“The best interests of the child” is one of the most common phrases in the realm of family law. A child’s well-being, of course, should remain among the top priorities in proceedings for divorce, allocation of parental responsibilities, parenting time, non-parent visitation, and adoption. The challenge, however, is that determining what exactly constitutes a child’s best interests is open to interpretation. As such, each parent may fully believe that they are acting in their child’s best interests yet hold vastly different objectives regarding the outcome of the case.

Helping the Process

When you and your child’s other parent cannot agree on a parenting plan or other arrangements regarding your child, the court is likely to offer several options. To start with, you may be required to participate in court-ordered mediation designed to help you and the other parent reach an agreement with the help of a third-party mediator. Mediation, however, is only possible in situations where both parties are willing and able to work constructively with one another.

Alternatively, the court may appoint a specially-trained and certified attorney—not one who is representing either you or the other party—to serve as a guardian ad litem (GAL). The guardian ad litem will be expected to investigate your family’s circumstances to develop an outside, objective opinion of what the child’s best interests are. Based on the GAL’s findings, the GAL will make a recommendation to the court regarding the most appropriate outcome for the case.

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Wheaton, IL 60189
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We serve clients throughout Kane County, Illinois including St. Charles, Geneva, Batavia, North Aurora, Elgin, Algonquin, Aurora, Barrington Hills, Bartlett, Big Rock, Burlington, Campton Hills, Carpentersville, East Dundee, Elburn, Hampshire, Huntley, Kaneville, Maple Park, Sleepy Hollow, Wayne, West Dundee as well as throughout DuPage County.

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In honor of the passing of our founder, Joseph F. Mirabella, Jr., our offices are closed Friday, January 31, 2020.I Agree