Tag Archives: allocation of parental responsibilities

Parental Rights with Unmarried Same Sex CouplesThough same sex couples are able to legally marry, not all couples take advantage of that right. Some couples committed to each other long before the change in the laws and do not see marriage as a necessity. Thus, the legal process of them splitting up is different from a divorce:

  • On the positive side, they have the flexibility to determine their own separation agreement without worrying about complying with divorce laws; but
  • On the negative side, they do not have the same protections that assure that their shared properties will be divided equitably.

However, unmarried same sex couples do not have flexibility when it comes to child-related issues. Child support and the allocation of parental responsibilities must comply with state laws, regardless of whether the parents are married.

Shared Parentage

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How Domestic Violence Affects Divorce SettlementsDomestic violence between spouses can lead to or result from divorce. A person may choose to end his or her marriage because his or her spouse is abusive. In other cases, asking for a divorce may trigger a spouse’s threatening behavior. Either way, domestic violence changes how a divorce is settled. The divorce court will likely favor the victim in matters of allocation of parental responsibilities and division of property.

Order of Protection

With any case of domestic violence, the victim’s first responsibility is to protect him or herself, as well as other victims. A victim spouse should immediately seek an order of protection against the abusive spouse. The order includes several benefits for the victim spouse, such as:

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Back-To-School Tips for Newly Divorced ParentsIt is almost time for your children to return to school, if they have not already. Though your kids may dread it, you are likely looking forward to a more normal routine. For divorced parents, their parenting time schedule is built around school and school-related activities. With the start of school, they can re-establish a regular schedule of when the children will live with each parent. However, parents who have recently divorced may be unsure of how to handle back-to-school time. It is in the best interest of your children for both of you to remain active in their school lives. In order to do so, you must be willing to cooperate with each other in some situations. There are several ways to help everyone adjust to your new family situation at the start of the school year:

  1. Informing the School: With younger children especially, it is important for the school to know when a student’s parents are newly divorced. Divorce may affect your child’s behavior and academic performance. Being aware of the divorce may allow your child's teacher to help.
  2. School Supplies: Shopping is part of the tradition of going back to school. You should split the cost of back-to-school purchases. This shows that you are both invested in your child’s return to school.
  3. School Functions: You both should try to attend parent events at the school, including open houses, parent-teacher conferences and student performances. If you do not want to attend the same conference as your former spouse, contact the teacher in advance to see if you can schedule separate conferences.
  4. Extracurricular Activities: Your parenting time likely accounts for your children’s school hours, but it may not predict the time commitment for after-school activities. You need to determine which parent will be responsible for dropping off or picking up a child from an activity. If the activities are disproportionately detracting from your time with your children, you can talk with your former spouse about adjusting the schedule.
  5. Homework: When you were married, you may have been the parent responsible for helping your child with his or her homework. If you are no longer with your child during homework time, you can set up a phone call or video chat in order to help him or her.

Flexible Agreement

As much as you try to plan, you may be unable to predict all the ways your divorce will affect your child’s school life. You may discover that an adjustment in parenting time or responsibilities is in the best interest of your child. A Kane County family law attorney at Goostree Family Law can advise you on modifications to your parenting agreement. Schedule a free consultation by calling 630-584-4800.

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Choose Your Words Carefully When Explaining Divorce to KidsThere is not an easy way to tell your children that you are getting a divorce. Younger children may have difficulty understanding what a divorce is and what it means for them. Older children may be angry because they think they know what the divorce means. Either way, your children are likely to be upset about your divorce. As parents, you must be sensitive to their feelings when breaking the news. Handling it in the wrong way can cause your children to become more upset than they need to be.


Though it may be difficult, you must be honest with your children about your divorce. Avoiding their questions or lying about the consequences of your divorce may temporarily spare their feelings. However, they will eventually learn the truth and feel betrayed because you lied to them. Children do not need to know every aspect of your divorce but should understand the parts that affect them. You should make it clear to your children that:

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Grounds for Terminating Parental Rights in IllinoisA child’s birthparents are presumed by law to have parental rights and responsibilities, unless the parents choose to waive those rights. In some situations, Illinois can also involuntarily terminate a parent’s rights, if it determines it is in the child’s best interest. A parent who has lost his or her rights is no longer entitled to parenting time or decision-making powers. If both parents have lost their rights, the child is eligible for adoption by another adult. However, parents can go to court to contest the termination of their rights. Illinois courts will likely prefer maintaining a parent’s rights unless specific circumstances are met.


A case for terminating a parent’s rights starts with the claim that the parent is unfit. Illinois law lists several factors that can make a parent unfit, including:

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Goostree Law Group

Goostree Law Group

 555 S. Randall Road, Suite 200
St. Charles, IL 60174


 400 S. County Farm Road, Suite 300
Wheaton, IL 60187


Our Illinois divorce attorneys represent clients in Kane County, DuPage County, Kendall County and DeKalb County, including Geneva, Batavia, St.Charles, Wayne, Wasco, Elburn, Virgil, Lily Lake, Aurora, North Aurora, Elgin, South Elgin, Bartlett, Crystal Lake, Gilberts, Millcreek, Maple Park, Kaneville, LaFox, Yorkville, Oswego, Plano, Sugar Grove, Big Rock, Bristol, Newark, DeKalb, Sycamore, Naperville, Wheaton, West Chicago, Winfield, Warrenville, Downers Grove, Lombard, Oak Brook, Streamwood, Hoffman Estates, Barrington, South Barrington, Lake Barrington, Schaumburg, Big Grove, Boulder Hill, Bristol, Joliet, Kendall, Lisbon, Minooka, Montgomery, Plainfield, Sandwich, Yorkville and many other cities.

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