Your rights as it relates to the proper care your children are always at the forefront of any family court’s decisions. In fact, judges in family courts have an obligation to rule based on the best interests of the child.
If you and your child’s parent separate, either as non-married parents who no longer live together or as a divorcing couple, arrangements must be made for child custody. This includes both where your children will live and which parent will make decisions concerning your children’s future.
One of the qualified family lawyers at Reidy Law Office LLC could help you to fight for custody of your children. We could help establish a plan that is best for your children or help you to change an existing Judgment to work towards needed modifications to reflect major changes in circumstances.
The State’s laws surrounding families are most concerned with protecting children. As a result, the Illinois Marriage and Dissolution of Marriage Act contains a set of statutes that address the care of children in case of a breakdown of a marriage. Specifically, 750 ILCS 5/602.5 states that courts have the authority to make decisions concerning the allocation of parental responsibilities. In other words, which parent can make decisions concerning the child’s future.
The court will examine a collection of factors when making this decision. These include:
In some cases, courts will award primary custody of the children to one parent. However, other cases will require the parents to come to an agreement as to how these decisions are to be made. An attorney can help determine what makes the most sense for child custody arrangements based on the specific circumstances.
“Physical Custody” is no longer used in our courts, but the judge will likely determine which parent will have the majority of parenting time. Much like matters concerning decision making, the court is required to examine what outcome would be best for the children. Under 750 ILCS 5/602.7, courts must examine a variety of factors that serve the interests of the children.
These factors are very similar to those that affect the decision to allocate parental responsibilities. However, unlike the decision to allocate decision-making responsibilities, the court is far more likely to provide primary custody to one parent. This serves to create stability and certainty in the child’s life. For example, a plan may divide parenting time to have a child stay with one parent during the school week and another during the weekends. Even in scenarios where parents want to have “equal” parenting time, there are 365 nights in a year so one parent will have a “majority” of overnights no matter how “equal” the schedule.
The law requires both parents and courts to make solid arrangements for the proper care of their children. If the parents cannot come to an out-of-court agreement as to how the children are to be raised, the court may be forced to intervene. The court will always do what is best for the children, even if the parents do not necessarily agree.
If you live in Frankfort, our lawyers could help you to understand the child custody process. We can also help to establish a plan for parenting that will protect your children’s future and serve as a guideline for a court in any potential custody battle. Call us today to learn more.
Contemplating divorce is a profound step that involves emotional, financial, and legal considerations. Our "Am I Ready for Divorce?" checklist is a sensitively designed tool that helps individuals thoughtfully assess their readiness for this life-altering decision. This resource aims to guide you through introspection and practical evaluation, ensuring that your decision to pursue a divorce is made with both clarity and foresight.
In any legal or financial undertaking, having a comprehensive and organized set of financial records is critical. Our "Financial Records Checklist" is crafted to give you the clarity and control needed to manage your finances effectively. Whether you're preparing for tax season, undergoing legal proceedings, or simply aiming to get your financial house in order, this checklist is an indispensable tool for ensuring nothing is overlooked.
Divorce not only signifies a major shift in the lives of the parents but also heralds a period of adjustment and emotional transition for the children involved. Our meticulously crafted checklist, "Do Your Kids Need Therapy After Divorce?" is a vital resource for parents concerned about the psychological welfare of their children during and after a divorce. This checklist serves as a compassionate guide for recognizing signs of distress and taking proactive steps to support your child's mental health.
Divorce can be a complex and emotionally taxing journey, but when both parties agree on the key terms, an uncontested divorce can offer a more amicable and efficient path forward. Our Uncontested Divorce Checklist is a comprehensive guide designed to provide individuals with a clear roadmap through the legal process when there are no children involved. This free resource ensures that you are well-prepared, informed, and ready to proceed with confidence.