Child custody is one of the most challenging issues in a divorce. When the court addresses child custody, it will consider how major parenting decisions involve education, healthcare, extracurricular activities, and religion. It also will decide how much parenting time each partner receives. If you have questions after reading this article, Chicago child custody lawyer Michael C. Craven can help you with child custody issues.
The Old Illinois Child Custody Law
Previously, child custody law in Illinois was divided into sole custody and joint custody. The differences in these types of child custody were based on which person would make the ultimate decisions regarding:
- Education
- Healthcare
- Religious upbringing
Parents usually shared this decision-making authority during a joint custody agreement in these critical areas. If there was a sole custody arrangement, only one of the parents would make final decisions in these matters. The laws have been changed.
New Illinois Child Custody Law in 2016
According to the Illinois child custody laws passed in 2016, the ability to make significant decisions over these areas is no longer always granted to one or both parents. Instead, the family court will decide which person is responsible for each area.
For instance, the judge may decide that the father will make healthcare decisions, and the mother will make the final call on education and extracurriculars. Or, the court may rule that both parents are responsible for making decisions in any or all of these areas. The judge makes a separate ruling for each major decision area. Also, the assignment of responsibilities for each parent depends on the circumstances and facts in the custody case.
Best Interests Of The Child Still Critical
All custody cases in Illinois have different outcomes. Parents can sign a parenting agreement if they agree on dividing parenting time and allocating significant decision-making responsibilities. If the parents cannot agree, the matter is up to the judge. She will render decisions based on the best interests of the child.
Why Were There Changes In The Law?
There was a desire on the part of the state to have more appropriate legal terminology in this area. For example, stating that one of the parents has ‘won custody’ and the other has ‘visitation rights’ is an imprecise way to refer to these critical matters.
Also, Illinois courts wanted to reduce the notion that one parent ‘won’ and the other ‘lost’ the child custody dispute. It is thought that assigning parental responsibilities under the new law is a better way to resolve these complex issues. It is critical to be represented by a skilled child custody attorney who is familiar with the nuances of the new child custody law.
Speak To Our Chicago Child Custody Lawyer Today
Child custody is often contentious when you are going through a divorce. Michael C. Craven is an experienced Chicago child custody lawyer who will fight for your parental rights.
He represents child custody clients in Chicago, Deerfield, Glencoe, Highwood, Lake Forces, Northbrook, Evanston, and others around the Chicago metropolitan area. Please contact our Chicago child custody lawyer Michael C. Craven today.
