A Joint Parenting Agreement can be an excellent tool for settling disputes between spouses. The Agreement spells out each party’s rights and obligations, hopefully preventing a return visit before a Judge.
Nevertheless, an Agreement must be carefully drafted, or you might be forced into a situation that you later regret.
A recent Illinois Supreme Court decision held that a Joint Parenting Agreement is a contract and will be enforced, even if one party later changes their mind. In http://www.state.il.us/court/Opinions/SupremeCourt/2012/113474.pdf>In Re Marriage of Coulter</a> , a husband attempted to stop his wife from moving the children to Australia. The Joint Parenting Agreement, however, allowed the wife to do so. The husband argued that the Court had not determined whether the move was in the best interests of the children.
The Illinois Supreme Court disagreed. The Court reasoned that the Joint Parenting Agreement was a negotiated agreement, entered as part of the divorce judgment. The terms implied agreement had been reached regarding the best interests of the children. The Agreement would thus be enforced.
Does that mean you can never change a Joint Parenting Agreement once entered by the Court? Not completely. The Supreme Court held open the possibility that the husband could still modify an Agreement if there has been a change in circumstances. See our related blog at http://childcustodylawyerchicagoil.blogspot.com/2012/04/can-i-change-custody-of-my-child-after_24.html
The issue of parenting agreements can be extremely tricky with many land mines along the way. If you have questions about an agreement or other child custody issue, you should speak with an experienced family law attorney. An experienced attorney can help present your case in its best possible light.
If you have questions about this or another domestic relations matter, please contact Zachary W. Williams at 1-312-981-0851 or email zwwlawyer@gmail.com.
Showing posts with label joint custody. Show all posts
Showing posts with label joint custody. Show all posts
Wednesday, December 12, 2012
Tuesday, April 24, 2012
IS JOINT CUSTODY RIGHT FOR YOU?
Illinois law prefers joint custody arrangements, and thus encourages parents to work together. Parents who communicate regularly and make joint decisions are thought to be acting in the best interests of the child.
But joint custody may not work for everyone. Here are some factors to keep in mind:
Joint custody means the ability to come up with a joint parenting agreement. The agreement should spell out each parent’s rights and responsibilities, how decisions will be made and a procedure for changes or disagreements. Generally joint custody involves making decisions about your child with the other parent. Either one of you may have residential custody, meaning your child’s primary residence. For some families, residential custody can be shared as well.
The three key decision-making areas where spouses should be able to reach agreement are: 1) medical, 2) educational and 3) religious. Perhaps your spouse is a Christian Scientist, who does not believe in seeking medical practice. You may feel that’s fine for your spouse, but not your kids. Perhaps you think your children should be home schooled, while your spouse wants them in a military academy. Or you wanted to raise your children as Catholics, while your spouse became a Buddhist. All these situations can prove trying when parents are deciding how best to raise children.
Even if you disagree on one or more of these areas, however, you might still share custody. It is important that your attorney and your spouse’s attorney have a good working relationship. You should also be able to work well with a mediator. In that way, the attorneys can draft a custody arrangement that fits your families’ individual needs, rather than trying to fit a square peg into a round hole. Perhaps either you or the other parent can have primary decision making on one or more of the key areas, but share joint custody on everything else.
Another factor to consider is the temperament of the parents. You cannot jointly parent with someone who abuses you or your children. You cannot jointly parent with a spouse whose judgment is affected by mental health issues or drug addiction. You cannot jointly parent with a spouse who has certain personality disorders, for example, one who refuses to compromise on even the most minor issues.
To make joint parenting successful, both you and your spouse must be able to keep your child’s best interests uppermost in mind. Can you and your spouse rationally discuss your child’s welfare and arrive at sensible decisions? If you’ve vowed never to speak to each other, joint custody is not right for you. But it does help to realize that there are many ways to communicate, such as by text, email or phone, and to find the way that works best for you.
If you have questions about this or another domestic relations matter, please contact Zachary W. Williams at 1-312-981-0851 or email to: zwwlawyer@gmail.com
Source: http://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=075000050HPt+VI&ActID=2086&ChapterID=59&SeqStart=8300000&SeqEnd=10000000
But joint custody may not work for everyone. Here are some factors to keep in mind:
Joint custody means the ability to come up with a joint parenting agreement. The agreement should spell out each parent’s rights and responsibilities, how decisions will be made and a procedure for changes or disagreements. Generally joint custody involves making decisions about your child with the other parent. Either one of you may have residential custody, meaning your child’s primary residence. For some families, residential custody can be shared as well.
The three key decision-making areas where spouses should be able to reach agreement are: 1) medical, 2) educational and 3) religious. Perhaps your spouse is a Christian Scientist, who does not believe in seeking medical practice. You may feel that’s fine for your spouse, but not your kids. Perhaps you think your children should be home schooled, while your spouse wants them in a military academy. Or you wanted to raise your children as Catholics, while your spouse became a Buddhist. All these situations can prove trying when parents are deciding how best to raise children.
Even if you disagree on one or more of these areas, however, you might still share custody. It is important that your attorney and your spouse’s attorney have a good working relationship. You should also be able to work well with a mediator. In that way, the attorneys can draft a custody arrangement that fits your families’ individual needs, rather than trying to fit a square peg into a round hole. Perhaps either you or the other parent can have primary decision making on one or more of the key areas, but share joint custody on everything else.
Another factor to consider is the temperament of the parents. You cannot jointly parent with someone who abuses you or your children. You cannot jointly parent with a spouse whose judgment is affected by mental health issues or drug addiction. You cannot jointly parent with a spouse who has certain personality disorders, for example, one who refuses to compromise on even the most minor issues.
To make joint parenting successful, both you and your spouse must be able to keep your child’s best interests uppermost in mind. Can you and your spouse rationally discuss your child’s welfare and arrive at sensible decisions? If you’ve vowed never to speak to each other, joint custody is not right for you. But it does help to realize that there are many ways to communicate, such as by text, email or phone, and to find the way that works best for you.
If you have questions about this or another domestic relations matter, please contact Zachary W. Williams at 1-312-981-0851 or email to: zwwlawyer@gmail.com
Source: http://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=075000050HPt+VI&ActID=2086&ChapterID=59&SeqStart=8300000&SeqEnd=10000000
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