Answers to Frequently Asked Questions About Child Custody in Illinois

 Posted on August 13, 2018 in Allocation of Parental Responsibilities

Many of the most significant concerns at the end of a marriage revolve around the future of the children. These worries often become so great that couples frequently stay in a unhealthy relationship to avoid any discomfort that the children may encounter. However, recent studies have shown that children of divorced parents are resilient, and they can often quickly overcome even the most difficult situations. Often, the adults are more frightened than the children due to the adults’ fear of the unknown. To help alleviate those concerns, we will answer some of the more common questions about child custody, which is now legally called the allocation of parental responsibilities in Illinois.

Will Both Parents Get to Spend Time With Children?

Unless the court finds evidence indicating that the children would be in some kind of dangerous situation, both parents are typically allotted parenting time (formerly known as visitation) with their children. A judge will take into consideration the best interests of the children when determining the allocation of parental responsibilities and parenting time. 

How Do the Courts Decide What Is In the Best Interests of the Children?

Courts consider the needs of the children involved rather than just arbitrarily choosing which parent deserves decision-making privileges. In many cases, the parents will decide together how to handle life's situations. Other times, one parent will have primary authority. A judge will determine who will have responsibility in each area, based mainly on the following factors:

• The child’s wishes;
• The child’s adjustment to the current situation;
• The mental and physical health of everyone in the home;
• The parents’ ability to cooperate;
• The parents’ previous participation in decision-making;
• Prior agreements between the parents;
• The parents’ wishes;
• The child’s needs;
• Transportation concerns;
• Any history of child endangerment (physical, emotional, or developmental);
• The willingness of parents to facilitate the child’s continued relationship with the other parent; and,
• Any other factors the judge finds relevant.

Can the Decision Change?

After the finalization of the divorce decree, parents are required to abide by the child custody arrangements as specified in that decree. However, subsequently, if both parents agree upon changes to parental responsibilities or parenting time schedules, they are welcome to make those changes privately. However, if one parent fails to stick to the changes, the court will be unable to enforce any arrangement other than the one outlined in the original court decree. In that kind of situation, a parent may seek a modification of language in the divorce decree through the court, ensuring that any changes to child custody arrangements are enforceable through the court.

How Can an Attorney Help?

The assistance of a skilled family law attorney is crucial in seeking to achieve a positive outcome in your divorce case. An experienced Hillside, IL child custody attorney will help you negotiate a workable parenting plan, ensuring that your rights and your children’s best interests are protected. Schedule your free initial consultation with the Law Office of Vincent C. Machroli, P.C. by calling 708-449-7400 today.

Sources:

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=075000050K602.7

https://www.liveabout.com/common-questions-about-child-custody-and-visitation-1102525

https://www.liveabout.com/illinois-child-custody-guidelines-2997106