Downers Grove is a densely populated village with close to 50,000 people living in less than 15 square miles. There are almost 2,000 households in Downers Grove, and approximately 30 percent of those households have children. Slightly more than half of the households are comprised of married people. In a village with as many residents as Downers Grove, it is inevitable that issues such as whether to end a marriage and disputes as to parenting time and responsibilities will arise. If you wish to end your marriage or seek legal intervention to establish your parental rights, you should meet with a skillful family law attorney as soon as you can to discuss your options. The knowledgeable Downers Grove divorce lawyers at Kollias & Giese, P.C. will work diligently to help you pursue a successful result under the circumstances.Instituting an Action to Determine Parental Responsibilities and Parenting Time
Many couples in Downers Grove have one or more children, and if they decide to end their marriage or relationship, the parenting rights and responsibilities of each party must be determined. In any family law case involving a child, establishing an arrangement that is in the best interest of the child is the foremost concern.
Under Illinois law, if a party files a petition for legal separation or a petition for dissolution of marriage, and there is one or more child born of the marriage, this will also commence a proceeding to allocate the parental responsibilities and parenting time for the child. In situations in which the parents of a child are not married, either parent can file a petition to determine parental responsibilities. Regardless of how an action to determine parental responsibilities and parenting rights is instituted, the party who files the action is required to serve written notice of the action on his or her co-parent at least 30 days before any hearing on the petition is scheduled to be heard. A divorce attorney in Downers Grove can help make sure that you meet the procedural requirements.Developing a Parenting Plan
Within 120 days of the filing of the petition that requests an allocation of parental responsibilities, both parties, either separately or jointly, must file a proposed parenting plan. If the parties fail to file a parenting plan, the court will hold an evidentiary hearing to determine how to allocate parental responsibilities.
If the parties can agree on a parenting plan, they must reduce it to writing, sign it, and submit it to the court. The parenting plan must set forth certain information, including how the responsibilities for making important decisions regarding the child will be divided, provisions for the parenting time of each party, and the child’s living arrangements. It must also indicate each parent’s right to access the child’s medical and school records, and it must state which party will be deemed the parent with the majority of parenting time. The plan must set forth the address of the child and each parent as well. It is also necessary for the plan to include provisions regarding transportation and communication between each parent and the child. Lastly, the plan must include provisions regarding modification and the potential relocation of either parent or the child. Our Downers Grove divorce attorneys can assist you in devising a comprehensive plan.
Ultimately, the court will conduct a hearing to determine a plan that is beneficial to the child’s relationship with and access to each parent and that is in the child’s best interest. The court will consider any parenting plans that were submitted when determining parenting time and responsibilities. Coming to an agreement as to which division of parental responsibilities and parenting time is most beneficial for your child can be contentious and complicated. If you are in the process of determining your parental obligations, or seeking to modify a plan, it is important to retain an experienced family law attorney to assist you in protecting your parental rights.Retain an Experienced Family Law Attorney
Deciding to end a marriage or relationship is never an easy decision, and when children are involved, both the decision and the process become more complicated. If you wish to end your marriage, regardless of whether or not you have children, it is essential to retain an experienced attorney who will assertively advocate for your rights. The attorneys at Kollias & Giese, P.C. can develop compelling arguments in your favor to help you pursue your desired outcome in a vigorous yet respectful manner. We can be reached at (630) 407-1200 or through our form online to schedule a conference with a divorce lawyer in Downers Grove.