5 Things Every Divorcing Parent Should Know

 Posted on February 13, 2025 in Family Law

If you have kids who are under the age of 18 and you are considering divorce, you almost certainly share concerns with many other people in the same situation. For example, parents often worry about how getting a divorce will affect their kids, how parenting time will be decided, and whether there is anything they can do to make things easier for their young children. If you are facing divorce, our Illinois divorce lawyers can help you get through the process, start to finish, with the confidence that comes from knowing you are doing your best for your kids. Here are five of the most important things every divorcing parent should know.

The Court Focuses on the Child’s Best Interests

In Illinois, child custody is now referred to as the "allocation of parental responsibilities and parenting time." The court's most important concern is what is in the best interests of the child. This means that a judge will consider things like the child’s relationship with each parent, their comfort in their home and school, the ability of each parent to care for the child, and whether either parent has a history of violence or substance abuse. 

You and Your Co-Parent Can Create a Custom Parenting Plan

Illinois courts encourage parents to work together to develop a parenting plan, which says how decisions about the child will be made and how parenting time will be shared. This plan should cover important details such as where the child will live, how holidays and vacations will be divided, and how major decisions about education and healthcare will be handled. If both parents can agree on a plan, the court is likely to approve it. 

Child Support Is (Usually) Based on a Formula

Child support is calculated using an income shares model, which considers both parents’ incomes, the number of children, and the amount of parenting time each parent has. The goal is to ensure that the child maintains the same standard of living they would have had if the parents were still together. 

Although child support is usually calculated using a formula, payment amounts can change in certain situations: 

• A family with one or two high-earning parents 

• A child with special educational needs

• A child with special developmental needs

Divorce Can Be an Emotional Rollercoaster for Kids

Divorce is a big adjustment for children, and they often experience a wide range of emotions, including sadness, anger, confusion, or guilt. Make an effort to maintain open communication, provide reassurance to help ease their transition, and be prepared for their emotions to change unpredictably. 

One of the most important things parents can do when it comes to making divorce easier for their kids is to avoid speaking negatively about the other parent in front of the children. Many parents find that working with a therapist or counselor can help children cope with the changes in a healthy way.

Parenting Time Agreements Can Be Changed

Life changes, and so do the needs of children. Illinois law allows parenting time agreements to be modified if there is a "significant change in circumstances," such as a parent moving, a major change in work schedules, or the child’s evolving needs. Parents can agree on modifications together or, if necessary, ask the court to make adjustments. 

Contact a DuPage County, IL Divorce Lawyer

If you are a parent going through a divorce, you do not have to face it alone. A Wheaton, IL child custody attorney at McSwain Rapp Law, LLC can help you create a parenting plan that works for your family and advocate for your child’s best interests. Call 630-581-2877 today for a free consultation and get the support you need during this time.