Child custody and parenting plans are priorities for divorcing couples with children in Chicago and throughout Illinois. There is nothing more important during the process than ensuring the children are well provided for and cared for. As a parent myself, I know the importance of our children’s well-being and I always make it a priority to protect children in a divorce.
I vigorously represent my clients to ensure all parenting issues are resolved fairly and in the best interest of the children. Working with mothers, fathers, or sometimes even grandparents or stepparents, I have successfully helped clients achieve favorable divorce terms and parenting plans that protect my client’s children’s best interests.
Even when the divorce is amicable, the rules surrounding child custody can be confusing. It is always recommended that you hire an attorney to ensure the best outcome for the child. As a partner at the firm Harrison LLP, I am a skilled Chicago child custody lawyer with more than three decades of experience handling child custody cases. Call our Chicago office at (312) 621-5234 or reach out to us directly online to set up a completely confidential initial consultation.
EXTENSIVE KNOWLEDGE OF ILLINOIS CHILD CUSTODY LAWS
Child custody laws are different in every state, even the terminology varies from state to state. Therefore, it is imperative that you hire a Chicago child custody attorney who is well versed in the laws of the state in which the divorce is processed. I have decades of experience handling divorces in Illinois. My family law team and I keep a close eye on all of the changes to the child custody laws in Illinois and we remain current from both legal and technological standpoints.
What are Allocation Judgments, and how are they related to child custody and visitation?
Previously known as child custody and visitation, Allocation Judgements establish who will be making significant decisions on behalf of the children, as well as the parenting schedule. I have represented clients in hundreds of custody cases and can help parents navigate what is often a very difficult process for both the child and the parents.
WHAT TO KNOW ABOUT THE BEST INTERESTS OF THE CHILD STANDARD
In Illinois, all child custody and child visitation cases are handled under the state’s ‘best interests of the child’ legal standard (750 ILCS 602.5(a)). In effect, a family law judge must determine what type of arrangement is best for the child’s physical safety, psychological well-being, and social development. The desires of the parents are always a secondary consideration. In allocating parental responsibilities and parenting time, courts are instructed to consider all relevant factors, including:
- The wishes of the child, assuming the child is old enough and mature enough
- Any adjustment the child would need to make in home, school, or community
- The mental and physical capacity of all parties
- The ability of the parents to cooperate in good faith
- The distance between the parents and other logistical considerations
- The demonstrated parenting ability of each party
- The expressed wishes of the parents
- Any history of domestic violence, child abuse, or child neglect
- Any and all other factors deemed relevant to make the best decision
Notably, Illinois presumes that it is inherently in the best interests of a child to have an ongoing relationship with both of their parents. . As such, some form of agreement recognizing the involvement of both parents is favored. Nonetheless, it is possible that one parent is allocated the right to make all significant decisions for a child (similar to sole custody under prior law) if the circumstances warrant it.
PARENTING PLANS
Parenting plans — which until recently in Illinois were called custody agreements — contain the specifics for how, where, and by whom the child will be cared for. These plans must be carefully drawn up and presented to a judge for approval. A parenting plan includes a schedule for parenting time and who makes major decisions for a child. These major decisions include where the child goes to school, who provides health care, what extracurricular activities the child participates in, and what religion the child will be raised in.
The process of creating a parenting plan is not always straightforward. Once the judge approves the plan, it becomes a court order. Because facts and circumstances change as children grow, it is important to have an agreement that is well-drafted and contemplates future changes. You need an experienced attorney to help ensure your child’s best interests are identified early on and protected. In cases where a negotiated agreement is not reached, I am trained to advocate your desired terms to the court.
CHILD CUSTODY LAW FOR FATHERS
In Illinois, the child custody and visitation laws are technically gender neutral. Although some older stereotypes may remain in the process, our state’s laws are supposed to be applied equally to mothers and fathers. For married fathers, navigating child custody is not all that different than it is for mothers.
However, unmarried fathers may face some additional challenges. In Illinois, a man must establish paternity before he has the right to seek custody or visitation. As stated by the Illinois Department of Healthcare and Family Services, paternity can be established through a mutually submitted Voluntary Acknowledgment of Paternity form (VAP) or through the court. Without paternity, rights for unwed fathers are out of reach. If you have any specific questions, contact our Chicago fathers’ rights attorney for immediate assistance.
ILLINOIS CHILD CUSTODY & VISITATION: FREQUENTLY ASKED QUESTIONS (FAQS)
What is the Allocation of Parental Responsibilities?
In recent years, the child custody laws in Illinois have been reformed. One of the big changes is that the state technically no longer uses the term “custody” in legal proceedings, instead, it refers to the concept of allocation of parental responsibilities. Similar to the idea of custody, the allocation of parental responsibilities determines who has the authority to make important decisions for the child, including deciding things like education, healthcare, religion, and extracurricular activities.
What is the Allocation of Parenting Time?
The allocation of parenting time determines how much time a child will spend with each parent. In Illinois, an effective parenting plan should include a basic schedule that outlines parenting time.
How is Custody Determined in Illinois?
In Illinois, the allocation of parental responsibilities (child custody) is determined by applying the best interests of the child legal standard. In other words, a judge must determine what type of custody/visitation arrangement is best for the child’s health, well-being, and development. Many different factors can be considered, including:
- Demonstrated parenting ability
- Parental wishes
- Parental history
- Transportation and other logistical considerations
- History of negligence, abuse, or misconduct
- If old enough, child preference
At What Age Can a Child Decide if They Want to Visit the Other Parent?
Technically speaking, a minor child does not get to make this choice. Under the law, a child can express a preference if the court deems them mature enough to do so. Although Illinois courts take mature children seriously, they will not necessarily defer to them entirely.
Who has Custody of a Child When the Parents are Not Married?
Neither parent is automatically granted custody. However, when parents are unmarried, the father only has legal rights if he has established paternity under the law. Without legal paternity, the mother has full custody. If paternity has been established, an unmarried father has every right to seek shared custody or even sole custody.
YOU CAN RELY ON CHICAGO CHILD CUSTODY LAWYER MICHAEL C. CRAVEN
Child custody cases are complicated. Nothing should come between you and your relationship with your kids. As an experienced Chicago child custody lawyer, Michael C. Craven has helped parents through a wide range of child custody and visitation cases. He is ready to find the right answers for you and your family. When you call our Chicago office, you will speak to an Illinois child custody attorney who will:
- Listen to your story and answer your questions
- Explain what you need to know about the Illinois child custody laws
- Gather all evidence and information you need to build a compelling case
- Represent you in negotiation or mediation—working towards a parenting plan
- Take whatever legal action is necessary to get you and your family the best outcome
We are firmly committed to providing the highest level of personal attention and representation to parents. Child custody issues must always be handled on a case-by-case basis. One-size-fits-all strategies are not good enough for you and your children. With a focus on helping parents find low-conflict solutions, we are always ready to take aggressive action to protect your child custody rights.
CONTACT OUR CHICAGO, IL CHILD CUSTODY ATTORNEYS TODAY
Michael C. Craven is an experienced, strong yet compassionate child custody lawyer. If you have any questions or concerns about child custody in Illinois, we can help. Contact us today at (312) 621-5234 for a completely confidential initial consultation. From our law office in Chicago, we represent parents throughout Chicago and Cook County.
