In Illinois, child custody is addressed in terms of parental responsibilities and parenting time, but regardless of the terms used, if you have a concern related to child custody, it is no doubt weighing on you. Child custody cases can become quite heated, and they tend to be quite complicated, which makes it critical to have an experienced child custody lawyer in Naperville in your corner.
Parental Responsibilities
The term parental responsibilities refers to what you may think of as legal custody, and it determines who will be making the primary parenting decisions moving forward, including decisions about the following:
- Where your children go to school
- The kind of religious education your children receive
- The medical care your children receive
- The extracurricular activities your children participate in
Parental responsibilities can be shared, can be divided according to the kind of decision that is being made, or can be taken on by one parent. Additionally, one parent can be identified as the tiebreaker in the event that an impasse is reached.
Parenting Time
Parenting time is the term used for what you may think of as physical custody, and it determines how you and your children’s other parent schedule your separate parenting time. If the court is called upon to make the determination for you, you will likely receive one of its standard parenting time schedules, but if you and your children’s other parent are able to negotiate a schedule between yourselves, your options are nearly limitless. The two basic categories of parenting plans include:
- One of you having your shared children the majority of overnights and becoming the primary custodial parent (while the other parent has a parenting time schedule)
- You and your children’s other parent share your time with the kids more equally.
The Court’s Consideration
When Illinois courts make determinations regarding child custody, the best interests of the children involved guide them. Their starting position is always that continuing to have a close relationship with both parents is best for children – barring a significant reason for determining otherwise. In its decision-making process, the court takes a variety of factors into consideration in making child custody decisions, including the following:
- Each parent’s preferences
- Each child’s preferences (when the child is old enough and has the maturity to do voice an opinion)
- The amount of time each parent has spent with the children over the last two years and the duties each took on.
- Each child’s level of adjustment to his or her current living situation, school, and general community
- The relationships forged by each parent with each child and the relationships each child has with each sibling and with anyone else who has a significant role in the child’s life.
- Each parent’s mental and physical health, the physical and mental health of each child and of anyone else who shares either parent’s household
An Experienced Child Custody Lawyer in Naperville Can Help
If you are facing a child custody case, the compassionate child custody lawyers at SLG Family Law in Naperville have the experience and legal insight to help. To learn more, please don’t wait to contact us today.
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