Subscribe to this list via RSS Blog posts tagged in parental rights

IL divorce lawyerDivorce for Muslims in DuPage County can be extremely complicated, especially when there are questions about how Islamic law will apply to the divorce proceeding and the steps that must be taken to obtain an Islamic divorce certificate in addition to a civil divorce decree. One issue that is not especially common but can arise in a Muslim divorce is this: the spouses have minor children from the marriage, and one of the parents is less religious than the other and wants to move away from raising the children in a religious environment. In other words, one of the parents wants to move away from educating the children according to the beliefs and practices of Islam, but the other parent vehemently disagrees. If you are the other parent—the parent who believes in a strong religious upbringing for your children—you are likely concerned and want to know: Can I continue to raise my children according to the teachings of Islam after the divorce?

At Farooqi & Husain Law Office, we know how complicated questions about childrearing can be after a divorce, especially when those matters get at the fundamental religious beliefs of the parties. An experienced Oakbrook Terrace divorce lawyer can help.

Religious Upbringing Under Illinois Law

The Illinois Marriage and Dissolution of Marriage Act (IMDMA) governs the allocation of parental responsibilities, including a parent’s ability to make decisions about the child’s religious upbringing.

...

IL custody lawyerWhen a married couple is considering divorce and has minor children from the marriage, deciding how the parents will share significant decision-making responsibilities for the child can be extremely complicated and contentious. As many parents in DuPage County likely know, the Illinois Marriage and Dissolution of Marriage Act (IMDMA) no longer uses the term “child custody” or “visitation,” but instead uses the term “parental responsibilities,” which includes both important decision-making responsibilities for the child in addition to parenting time.

When parents can agree to terms, they can develop a parenting plan to allocate parental responsibilities. When parents cannot agree, the court issues an allocation judgment that details how parents will share parental responsibilities based on what is in the best interests of the child. The child’s religious upbringing is one of the major issues involved in significant decision-making responsibilities. We want to say more about how the allocation of parental responsibilities involves a child’s religious upbringing, and to encourage you to get in touch with an Oakbrook Terrace family law attorney if you have additional questions.

How Does Illinois Law Define a Child’s Religious Upbringing?

Under the IMDMA, “religious upbringing” is defined as the choice of religion or participation in religious customs or practices, among others.

...

Illinois divorce attorney, Illinois family lawyer, Illinois child custody lawyer,As of January 1, 2016, a number of changes concerning divorce and parenting laws have taken effect. But these are not the only family laws that have changed as of the beginning of this year. Indeed, as lawmakers sought to overhaul the Illinois Marriage and Dissolution of Marriage Act (IMDMA) so that it better reflects the needs and goals of divorce and parenting in the twenty-first century, lawmakers also took a close look at the Parentage Act and the ways in which it, too, was outdated.

The new Parentage Act of 2015 will impact many families in DuPage County, and members of the Muslim community should recognize the significance of these legal changes. While some of the issues raised in the new parentage laws are not as likely to impact Muslims as substantially as other DuPage County residents, it is nonetheless important to have an idea about how these laws work. A report from the Illinois Judicial Conference & DePaul University College of Law summarizes the key elements of the Parentage Act of 2015.

Parenthood and Gender Neutrality

...

Recent Blog Posts

Categories

Archives

Contact Us

NOTE: Fields with a * indicate a required field.
*
*
*

10 Best Attorney Award

Chat Us Text Us