When parental responsibilities are undefined

On behalf of Stange Law Firm, PC posted in Military Divorce on Monday, December 4, 2017.

When a military marriage in Illinois dissolves, and a couple separates, they have a lot of things to think about. If they had joint bank accounts, joint property, or a joint business, they need to figure out how they’re going to separate these things. The situation gets more complicated when there are children involved, especially if there has not been a legal divorce and there are no legal guidelines stipulating parental responsibilities and parenting time.

It is important for parents to understand that, before a parenting agreement is in place, both parents have rights over their children. In the absence of a formal custody arrangement, it is possible for one parent to move to another part of the country, taking the children with him or her. While most parents don’t do this, as they realize that it is an act of bad faith, it does happen, putting the other parent in a very difficult position.

There are options for military parents who want to protect their relationships with their children. When it is apparent that a marriage is breaking down, seeking legal advice and developing a parenting plan that ensures that both parents have access to the kids during a separation may be in the best interest of all parties involved.

A family law attorney may be able to provide practical instructions for clients who are just starting the separation and military divorce process. They can represent their client in the divorce process and work with their clients in drawing up postnuptial agreements, visitation schedules in cases where parental responsibility needs to be decided, and help their client argue for their fitness as a parent.

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