Hinsdale Child Custody Attorney

Determining Child Custody in Illinois

To provide complete transparency, it is important to note that in Illinois, "child custody" is no longer the legally accurate term. In 2016, the state legislature replaced the concept of "custody" with "allocation of parental responsibilities" and "parenting time."

Nevertheless, the concept remains essentially the same. The objective is still to determine which parent will live with the children and make important decisions on their behalf.

Examples of significant decisions related to a child's care and upbringing include:

• Education: A parent with parental responsibilities can decide on the schooling and education their child will receive as they grow up.
• Healthcare: Decisions regarding a child's healthcare, such as dental care, psychological treatments, vaccinations, and more, hold great importance.
• Religion: If applicable, the parent with sole right to this parental responsibility can decide what religious practices the child will follow.
• Extracurricular activities: The parent can determine the child's participation in extracurricular activities like sports, arts, Scouts, etc.

Best Interests of the Child

Any decision involving a child in a divorce or family law proceeding must prioritize the "best interests of the child." This means the court must consider what the child needs above all else, placing the parents' desires or preferences in a secondary position. If the child custody agreement proposed by you and your spouse is not in the child's best interests, the court can reject it.

To determine the best interests of the child, the court may consider factors such as:

• The child's expressed preferences (if the child is old enough to do so).
• The child's historical needs.
• The child's interests and typical extracurricular activities.
• Each parent's interaction with the child.

Our Hinsdale child custody lawyers are here to discuss your child's best interests and how they should be reflected in the child custody agreement. The court generally favors an equal split of custody or parental rights and visitation, so we typically begin from this perspective.

Parenting Time & Child Custody

The amount of parental time, also known as visitation, that you are permitted after a divorce depends on the child custody agreement. For instance, if you do not have parental custody rights, you may be granted more parenting time to compensate.

The determination of parenting time is specific to each child custody case. Illinois family law courts do not utilize a preset guide for setting parenting time due to the unique circumstances of each case. By default, the court expects a "shared custody" agreement that allows both parents to spend time with and see the child. However, shared custody does not necessarily mean a 50-50 split of time.

When creating parenting time agreements, consider factors such as:

• 1. Daily, weekly, and monthly schedules.
• 2. School year schedules.
• 3. Summer schedules.
• 4. Holiday schedules.

Child Custody Mistakes

While there are several actions you should take during a child custody case, there are also things to avoid.

Five things to steer clear of in a child custody case are:

1. Not hiring a lawyer: If possible, it is advisable to engage the services of a child custody attorney. Having a legal professional leading the way and advocating on your behalf simplifies the entire process.
2. Being intentionally uncooperative: Engaging in unnecessary conflicts with your spouse over child custody rights is not in your best interest. Cooperation benefits all parties involved and demonstrates to the court that you are a reasonable person deserving of parental rights.
3. Interfering with your spouse's relationship with the children: Never attempt to hinder your spouse's relationship with your ex-spouse, particularly in ways that violate a court order. Violating court orders can lead to serious consequences, including fines and potential jail time.
4. Speaking negatively about your spouse: Speaking ill of your spouse or ex reflects poorly on your own character and behavior. Remember that the court seeks to award parental rights to individuals who demonstrate their ability to be good parents to their children.
5. Allowing anger to dictate your actions: Although challenging, it is crucial to remain calm and composed throughout the child custody case. Losing your temper and becoming angry can raise red flags in the eyes of the court.