Award-Winning Chicago Child Custody Attorneys
As a parent, you want what is best for your child. Sometimes, reaching a custody arrangement that supports your child’s needs depends on having the right family law lawyer by your side.
At Blacha Law Office, Ltd., we will work to balance our legal skills and compassion to reach the best outcomes possible for your family. We will address your concerns promptly at every step of the legal process, advocate for your interests and help you make informed decisions that support your child.
Understanding The Types Of Custody In Illinois
The state of Illinois breaks custody into two main categories: allocation of decision-making and allocation of parenting time. Each category focuses on various aspects of a child’s life and how parents share responsibilities.
Allocation Of Decision-Making
Previously known as legal custody, this determines who makes major life choices for the child. These decisions cover important areas such as education, health care, religion and extracurricular activities.
In a joint decision-making arrangement, both parents must work together and agree on these four key areas. However, if one parent has sole decision-making authority, they have the final say on these matters without needing the other parent’s consent.
Allocation Of Parenting Time
Allocation of parenting time, formerly called physical custody, refers to the schedule of when the child is with each parent. In shared parenting time, the child spends significant – often equal – time with both parents. This usually means at least 146 overnights per year in each household.
In a majority parenting time arrangement, the child lives mostly with one parent, while the other parent follows a set “visitation” schedule. If there are concerns about a parent’s behavior potentially harming the child, supervised parenting time requires a third party to oversee the visits.
How Do Chicago Courts Determine The Best Interests Of The Child?
Courts make custody decisions based on the arrangement that supports the best interests of the child. Factors that determine this include the following:
- Child’s relationship with each parent: The court assesses the bond between the child and each parent, considering who has been the primary caregiver and who offers a nurturing and supportive environment.
- Parental ability to meet the child’s needs: Judges evaluate each parent’s capacity to meet the child’s physical, emotional and educational needs, ensuring that the child receives proper care and attention.
- Stability of the home environment: The court looks at the stability and safety of each parent’s home, aiming to provide the child with a consistent and secure living situation.
- Child’s adjustment to home, school and community: Maintaining the child’s routine is crucial, so the court considers how changing custody might impact the child’s adjustment to their current environment.
- Child’s preferences: If the child is old enough and mature enough, the court may take into account their wishes regarding custody arrangements.
- Parental cooperation and communication: The ability of parents to communicate and cooperate with each other influences the court’s decision, as effective co-parenting fosters a healthier environment for the child.
- History of domestic violence or abuse: The court considers any history of abuse or violence in the family, prioritizing the child’s safety and well-being in the custody decision.
The Importance Of A Custom Parenting Plan
Creating a custom parenting plan is crucial for divorced or separated parents in Illinois. This plan outlines how parents will share responsibilities and time with their children, ensuring that both parties have a clear understanding of their roles.
Illinois law requires parents to file a parenting plan within 120 days of serving the other parent with the custody petition. Meeting this deadline is essential to avoid court-imposed decisions and to ensure that both parents have input in shaping the plan. Having a comprehensive plan can be an important first step toward reaching a custody arrangement that supports your children and their needs.
A complete parenting plan addresses various aspects of parenting to minimize conflicts and misunderstandings. One important component is holiday and summer break rotations, which specify how parents will share time with the children during special occasions and extended breaks. Clearly defining these rotations helps ensure that both parents have quality time with their children during important events.
Another critical element is detailing transportation and exchange locations. Designating specific places, such as safe exchange zones in Chicago precincts, helps minimize tensions during handoffs and ensures the children’s safety.
Additionally, including the “right of first refusal” in the plan can be beneficial. This clause allows one parent to offer the other the opportunity to care for the children if they will be unavailable for a set number of hours.
By considering these elements, a custom parenting plan becomes a powerful tool for fostering cooperation and stability, prioritizing the well-being of the children involved.
Contact Blacha Law Office, Ltd., For Legal Guidance On Custody
If you are facing a child custody dispute or have other questions about family law, contact Blacha Law Office, Ltd., today to schedule a free consultation. Let us be your advocates in securing a fair and just resolution for you and your family. Call 630-283-1987 or contact us online to learn more.
Chicago Office
Blacha Law Office, Ltd.
33 N. Dearborn
Suite 1000
Chicago, IL 60602
Telephone: 630-283-1987