One of the most challenging aspects of divorce is the impact it can have on children. In some cases, one parent may try to turn the child against the other parent, which can cause emotional trauma and damage to the parent-child relationship. If you believe this is happening, it may be worth contacting an experienced family law attorney, who may have advice on how to navigate the situation best. In addition, a lawyer with experience has likely seen this situation before and may have insight on how to proceed.

Steps to Dealing with Parental Alienation

Here are some steps you should take if your spouse is attempting to sabotage the relationship between you and your child, including:

• Document the behavior – If you believe your spouse is trying to turn your child against you, it is essential to document the behavior. For example, record conversations or interactions with your spouse or child that suggest parental alienation occurs.

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There is little doubt that for many people, traveling is one of the great joys of life. For people who have gone through a divorce, have a minor child, and wish to travel with their child, they too may have an interest in traveling. However, there are important considerations to keep in mind if you are divorced and would like to bring your child on a trip abroad. This blog will look at what someone should consider thinking about before they leave the country with their child.

Step #1: Obtain a Passport for Your Child

It is important to note that any child under 16 years of age needs to have both of their parents’ authorization to obtain a passport. In some cases, it may be required for both parents to be present when the child gets their passport. However, getting a signed permission form may also be possible if one of the parents being there in person is not possible. In cases where only one parent has parental rights or the other parent has had their parental rights terminated, the parent with full custody of the child must show proof that no other parent is required to grant consent for the child to obtain a passport. Notably, a child’s passport is only valid for five years. If your child already has a passport, make sure to check when it expires, as many countries will not allow entry to a traveler with an expired passport.

Step #2: Ask for Permission 

Suppose a divorced parent wants to travel abroad with their child. In that case, they must receive written permission to do so unless it is explicitly stated otherwise within the court-ordered parenting plan. It is not uncommon for an airline to ask to see such permission before they consider allowing a single parent to board an airplane with their child. Unfortunately, it may be extremely unlikely for the child’s other parent to grant permission in some cases. However, obtaining this permission is still critical. If you fail to get permission before you leave the country with your child, charges of kidnapping may be levied against you.

Deciding to end your marriage and pursue a divorce is rarely easy, especially when children are involved. In divorce cases where spouses have children, they often want to protect them from the stress and uncertainty of divorce while ensuring their lives are affected to the least extent possible. At the same time, parents might be concerned about what effect the divorce will have regarding child custody and their ability to see and be a part of their children's lives. If you are getting a divorce and are concerned about matters related to child custody, consider consulting with a knowledgeable attorney who will ensure your rights are protected while consistently placing the child's best interests at the forefront of every decision. 

Illinois Law Regarding Child Custody Matters

It is important to note that as of 2016, Illinois refers to child custody as the "allocation of parental responsibility." This term speaks to the parent's right to decide about their children's upbringing. The four primary areas where decision-making is relevant are education, health, religion, and extracurricular activities. Each parent may share these matters and the decisions accompanying them, or they may be assigned to one parent only. Generally, issues pertaining to parental responsibility are outlined in a parenting plan created by the parents as part of their divorce decree. In a best-case scenario, parents can lay out their plans for the allocation of parental responsibilities with the assistance of their attorneys or through mediation.

However, sometimes parents cannot work together and reach an agreement. In these cases, a judge will decide what to do. A judge will look at the children's needs, the parent's wishes, the physical and mental health of the parents, how well-adjusted the children are to their environment, the parent's willingness to help foster a positive environment for their children with the other parent, and more. 

If you and your partner have already decided to pursue a divorce, you have begun what can become a long, complicated, and intimidating process. It should be no surprise that things can quickly become contentious when children are involved in divorce cases, as they often are. 

Every parent wants the best for their child. But unfortunately, the truth is that divorce can often be the hardest on the children involved. To ensure that your child's best interests are kept at the forefront of all the decisions you and your ex-spouse make, consider contacting an experienced family law attorney with extensive experience in helping clients determine the proper allocation of parental responsibilities.

Illinois Law Concerning Parental Responsibility and What It Entails

Throughout a divorce case, when children are involved, they are typically highly affected by whatever decisions are made between their parents. Under Illinois law, the court will allocate parental responsibilities to correspond with whatever the child's best interests are - unless the parents can agree between themselves,  in writing, about what the allocation of significant decision-making responsibilities will be. Nothing in the law states that parental decision-making will be automatically granted to each parent. 

Parents who are divorced, legally separated, or who have never been married need to create a parenting plan for shared children under age 18. Older children, who are more independent, are often easier to make flexible arrangements for. Younger children require more attention and care, but as long as they have what they need, they can transition well between their parents’ homes. For newborn babies and very young children, however, moving between houses can prove quite difficult. Although Illinois law gives no automatic preference to either parent, there is no question that newborn infants are primarily dependent upon their mother for constant care, especially when it comes to the issue of breastfeeding.

Can a Father Get Shared Custody of an Infant?

When most parents speak of “shared custody,” they mean both decision-making authority and the right to spend time with their child. In Illinois, these terms are distinct as known as “parental responsibilities” and “parenting time,” respectively. While parents of an infant may easily share parental responsibilities, sharing parenting time can prove trickier.

Fathers of infants may struggle to establish a strong bond with their child without being able to spend important chunks of time together. Overnight and weekend stays are important for both father and child, especially when creating an initial bond. And while judges want to see young children have a strong relationship with their fathers, they are also sensitive to the fact that breastfeeding is a task that falls exclusively on the shoulders of mothers.