If you are divorcing and have children, child custody and parenting plans are probably at the top of your mind. Nothing is more vital during divorce than ensuring that your children are cared for and provided for. Note that the term custody is no longer used in Illinois, but it is used herein as a generic term generally understood by the public.
Even if you have a relatively amicable divorce, Illinois laws regarding child custody and parenting time can be convoluted and confusing. But the Chicago child custody lawyer Michael C. Craven is an experienced, knowledgeable attorney who can address any questions about this critical matter. Mr. Craven is also ready to take aggressive legal action to safeguard your child custody rights.
Who Is Favored In Child Custody Disputes In Illinois?
There was a time years ago when family courts tended to favor the mother in child custody matters. However, times have changed significantly. Today’s Illinois family courts look at several factors when deciding which parent will receive custody, which we describe below.
Illinois’ laws are gender-neutral; it is not assumed that the mother has any advantage over the father in this critical matter. This can be welcome news for a concerned father who wants primary custody of his children. Whether you are the father or mother, Mr. Craven will make the best legal argument on your behalf to have the most time with your children.
What Illinois Courts Consider When Deciding Parental Responsibilities?
The court will review many things when deciding which parent will have parental rights to make significant decisions concerning a couple’s children. But the driving interest of the judge on the case will always be which parenting arrangement is in the child’s best interests. Some of the factors the court will consider in determining the best interests of the child regarding child custody and parental responsibilities are:
Which Adults Is Better Positioned For Living With The Child
If the father has been a stay-at-home parent for years while the mother worked, the judge might view the parent who was home more as the better primary caregiver. Or, if one parent needs to travel every week for their job, the court could view the other parent as in a better position to provide more care for the child.
The Child’s Living Situation Today
The court will consider the child’s current home, school, family, and friends situation and which parent’s household would be the most beneficial or least disruptive to how the child lives.
Domestic Violence
Has either parent engaged in domestic violence against the other spouse or the child? If yes, a court may consider it.
Other Factors
Other factors the court may consider when determining the best interests of the child are:
- The relationship between the parties and whether they can make joint decisions regarding the child’s welfare
- The quality of the relationship the child has with each party
- The mental and physical health of the parents and child
- The wishes of the parents and, if the child is old enough, his/her wishes
Generally, family courts would rather grant shared parental responsibilities to both parties. This is because there is a perception that having a relationship with both parents is in the child’s best interests.
Our Child Custody Lawyer Can Help Now
If you have a child custody problem and are trying to figure out what to do, you can rely on the experience and skill of our Chicago child custody lawyer, Michael C. Craven, to assist you. Mr. Craven represents clients in all aspects of family law, and he is highly experienced with child custody issues, property division, child support, finding hidden assets, domestic violence, paternity, and more. For a consultation, call (312) 621-5234 now.
Frequently Asked Questions About Parental Responsibilities in Illinois
Parental responsibilities in Illinois refer to the legal rights and duties parents have regarding the care, upbringing, and decision-making for their children. Illinois family law replaced the traditional concept of “child custody” with the term parental responsibilities under the Illinois Marriage and Dissolution of Marriage Act. Courts allocate these responsibilities based on what arrangement serves the best interests of the child. Below are answers to some of the most common questions parents have about parental responsibilities in Illinois.
What are parental responsibilities in Illinois?
Parental responsibilities include the authority to make major decisions about a child’s life and the duty to care for the child’s wellbeing. These responsibilities typically involve decisions regarding education, healthcare, religious upbringing, and extracurricular activities. Courts may allocate decision-making authority to one parent or require parents to share these responsibilities jointly.
In addition to decision-making authority, courts also establish parenting time schedules that determine when the child will live with or spend time with each parent.
How do Illinois courts determine parental responsibilities?
Illinois courts make decisions regarding parental responsibilities based on the best interests of the child. Judges consider numerous factors when determining how responsibilities should be allocated. These factors include the relationship between the child and each parent, the child’s needs, each parent’s ability to provide care, and the willingness of each parent to cooperate with the other.
Courts also consider the child’s adjustment to home, school, and community, as well as any history of domestic violence or abuse. The goal is to create a parenting arrangement that promotes stability, safety, and the child’s overall wellbeing.
Can both parents share parental responsibilities?
Yes. In many cases, Illinois courts allocate joint parental responsibilities, meaning both parents share decision-making authority regarding major issues affecting the child. Joint responsibility requires parents to communicate and cooperate when making important decisions.
However, if parents are unable to work together effectively, the court may grant one parent sole decision-making authority in specific areas such as education or healthcare.
What is a parenting plan?
A parenting plan is a written agreement that outlines how parents will share parental responsibilities and parenting time. Illinois law requires parents involved in custody disputes to submit a proposed parenting plan to the court within a specific timeframe after the case begins.
A parenting plan typically addresses decision-making authority, parenting schedules, holiday arrangements, transportation responsibilities, and methods for resolving disputes between parents. Once approved by the court, the parenting plan becomes legally binding.
Can parental responsibilities be modified?
Yes. Parental responsibility orders can be modified if there has been a substantial change in circumstances affecting the child or either parent. For example, modifications may occur if a parent relocates, changes employment schedules, or if the child’s needs significantly change.
However, courts generally require evidence that the proposed modification is in the best interests of the child before approving any changes.
Does the child have a say in parental responsibility decisions?
In some cases, the court may consider the child’s preferences when determining parental responsibilities. This typically depends on the child’s age, maturity, and ability to express a reasoned preference. While a child’s wishes may be considered, they are only one factor among many that the court evaluates.
What happens if one parent violates the parenting plan?
If a parent fails to follow the court-approved parenting plan, the other parent may file a motion to enforce the order. Courts have several enforcement options, including modifying the parenting schedule, requiring makeup parenting time, or imposing other penalties if violations continue.
Do parents need an attorney for parental responsibility cases?
While parents are not legally required to hire an attorney, family law cases involving parental responsibilities can be complex and emotionally challenging. An experienced Illinois family law attorney can help parents understand their rights, develop a strong parenting plan, and advocate for arrangements that serve the best interests of their children.
