Roselle is a mid-sized suburb of Chicago with about 20,000 residents. Many of the people who live there work in another city but choose to raise their children in Roselle. Consequently, around 6,000 families are living in Roselle, and almost 40 percent of the households have minor children. Sadly, in any community, many marriages fail. When a couple seeking a divorce has a child, it is vital to make sure that the children are the foremost concern of both parties and to develop a parenting arrangement that is in the best interest of the child. If you are faced with a custody issue or are in the process of determining whether you should file for a divorce, it is critical to retain a knowledgeable Roselle divorce lawyer to guide you through the process. The skilled family law attorneys at Kollias & Giese, P.C. will advocate vigorously on your behalf.Divorce Involving Children
The process of seeking a divorce in Illinois is the same regardless of whether a couple has children. Either party will file a petition for dissolution of marriage, setting forth the facts required by law about the parties and their marriage. The petition must also indicate whether there were any children born during the marriage and, if so, set forth their names, ages, and addresses. The petition must also indicate whether the parties have agreed upon the allocation of parental responsibilities for any children whom they have. If they have not, the petition will institute proceedings to allocate parental responsibilities.Allocating Parental Responsibilities – Decision Making
What is usually known as custody in other states is known as parental responsibilities in Illinois. Parental responsibilities are divided into decision making and parenting time. Decision making refers to the right of either party to make significant decisions for the child, which include decisions regarding the child's schooling, extracurricular activities, medical treatment, and religious practices. Unless the parties have come to an agreement regarding decision making responsibilities or reserved the right to do so, the court will allocate these responsibilities. A divorce attorney in the Roselle area can advocate for the arrangement that is appropriate for your child.
In any case in which parental responsibilities must be divided, the court's primary concern is to develop an arrangement that is in the best interest of the child involved. To determine what is in a child's best interest, the court will weigh many factors, including the child's wishes, the child's attachment to his or her home and community, the physical and mental health of the child and the parents, and the child's needs.Allocating Parental Responsibilities - Parenting Time
Similar to the allocation of decision-making responsibilities, the court will divide parenting time in a manner that is in the child's best interest. Before dividing parenting time, the court will look at factors such as whether the child has any siblings in either parent’s home, which parent has been the primary caretaker of the child up until the divorce, and the feasibility of regularly transporting the child from one parent's home to the other. A Roselle divorce attorney can analyze how these factors may apply in your case. The court presumes that both parents are fit and will not restrict either party’s parenting time unless it is shown by a preponderance of the evidence that allowing a parent to exercise parenting time would endanger the welfare of the child. If you wish to seek a divorce in Roselle, and you have one or more children, it is essential to retain a capable family law attorney who will fight to obtain an arrangement that allows you to exercise your parental rights and is beneficial to your child.Speak With a Skilled Family Law Attorney Regarding Your Case
Although divorces are common, they can be devastating to the parties involved. In cases in which the people seeking a divorce have children, a divorce not only means the end of their relationship but also means that they will no longer live together as a family. If you are weighing whether to seek a divorce, and you have one or more children, you should speak with a skilled family law attorney about your case. At Kollias & Giese, P.C., we can analyze the facts of your case and help you seek a parenting arrangement that is in the best interest of your child. You can contact us at (630) 407-1200 or through our online form to schedule a conference with a divorce lawyer in the Roselle area.