A new law is regaining traction in Illinois that would provide greater custody rights for dads going through a divorce. Shared parenting bills are under consideration in a number of states, and a bill currently making the rounds in the Illinois legislature is gaining support from a number of father's rights advocacy groups.

What Is Being Proposed?

The main goal of any shared parenting law is to help the children of divorce build and maintain a relationship with both parents. When child support payments are late or not made, there are laws in place to punish delinquency. However, that is not currently the case when it comes to visitation agreements. In addition, there are groups who are of the opinion that when it comes to deciding custody in Illinois divorce cases that judges do not always consider both parents equally. New legislation under consideration may change that.

• The shared parenting bill requires courts to begin a custody process by presuming that child benefits most when able to spend equal time with both parents.
• It requires the court to give both parents a full and fair evaluation prior to establishing custody or weighing in on a visitation agreement.
• One provision might require a judge to record in writing the reasoning for each custody ruling they make.
• Judges would be given the authority to fine, suspend driver’s or professional licenses, require surety bonds and even jail parents who frequently interfere with custody agreements or visitation.
• There is research that suggests children of divorce in a 50/50 custody arrangement have lower rates of teen suicide, teen pregnancy, and other behavioral issues.

However, there are some groups opposed to the law, and the Illinois Secretary of State’s office has indicated that passage of the bill could result in more paperwork for its employees.

Secure Help from a Knowledgeable DuPage County Child Custody Attorney

Even if you expect your divorce to proceed without much surprise or resistance, nuances of divorce law missed by an unpracticed individual can result in a prolonged process and additional expense. It is important to avoid time wasting and unnecessary costs by relying on a experienced DuPage County divorce attorney. The Law Office of Matthew M. Williams, P.C. is an aggressive advocate for your rights to spend time with your children after a divorce. To schedule a consultation, please contact our offices at 630-409-8184 and set up a time to discuss your custody concerns.

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Divorce is difficult, and there is probably no single person who would deny that. When a divorce involves children,  that difficulty rises to a new level as the daily routine of very young people is turned upside down. A big part of the anxiety for children is the question of where they will live and with which parent when custody is determined. The question then becomes, can a child pick the parent with whom they want to live?

Can Children Have a Say?

Generally speaking, custody and residency are matters determined by parents. In the event the parents disagree, the courts will get involved. When a judge listens to a custody case or a request for a change in custody, they will consider the child’s opinion depending on a few factors:

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Throughout the divorce process, much of the stress and anxiety weighs on the adults, as well as their children. It is a very difficult time for everyone involved. However, when a divorce involves children, often times members of the extended family are affected. This is especially true for grandparents who have built a deep and loving relationship with their grandchildren.

Grandparents’ Rights in Illinois

As with many legal matters, laws pertaining to visitation vary from state to state, and the issue of Grandparents’ rights to spend time with their grandchildren is no different. Here is a summary of some key facts relative to visitation of grandchildren during divorce. A court may grant visitation if:

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Every year the holidays arrive, bringing with them joy, togetherness, and stress. The stress of the holidays is felt more by some than others, but for divorced couples and their children, holiday stress may rise to new levels. The question of where the children will spend the holidays is often the source of much anxiety.

Holiday Scheduling Strategies

Sometimes during the course of divorce proceedings, parents may wish to include an annual holiday visitation schedule as part of a custody plan. However, sometimes scheduling visitation for the holidays is left to the parents. Here are few ideas that may help.

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On May 3, 2017, YouTube stars Michael and Heather Martin lost custody of their two children as a result of a video they posted on YouTube. In the video, Michael and Heather Martin spilled invisible ink on the carpet in one of the children’s rooms. They then blamed their children for ruining the carpet, and the children cried as their parents yelled and cursed at them. Finally, Heather and Michael Martin laughed and told their children it was a prank. As seen in the video, the children were not amused.

The video of the prank went viral and prompted the creation of an online petition calling on Child Protective Services (C.P.S.) to remove the children from Michael and Heather Martin’s home. C.P.S. took the children in and Rose Hall, the children’s biological mother, was granted emergency custody.

This situation highlights the impact social media can have in situations like child custody. Your use of social media should be even more stringent if you are going through a child custody battle. Electronic evidence in the form of social media posts and pictures can be used in court if the evidence meets a certain criterion.

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