If you are going through or considering, a divorce, child custody is one of the most important issues you want to focus on. As of 2016, a new child custody law is now in effect in Illinois. To understand how this new law applies to your child custody arrangement, it may be important for you to speak to a child custody lawyer who could determine how this statewide law applies to the unique facts of your situation in Bolingbrook. Speak with a capable family attorney that could pursue a positive outcome for all parties involved.
While child custody is now referred to as allocation of parental responsibility in Illinois courts, the legal standard for child custody under Illinois Code §602.7 has remained the same. When determining the proper custody agreement, a judge will make a final decision based on whatever is in the best interest of your child.
This standard will direct the judge to determine child custody based on several factors. These factors include but are not limited to:
Unlike the previous law in Illinois, which delegated sole custody to one parent or joint custody to both parents, the new law allows for the judge to assign parental responsibilities to either or both parents. For example, a judge may delegate the responsibility for a child’s education to you specifically, but delegate decisions about the child’s health to both you and your spouse. This new system gives the judge flexibility to assign parental responsibilities for each major area of the child’s life, to ensure that their best interest is looked after in each situation.
The new law also replaces visitation under the Illinois Code with parenting time. Similar to the law’s approach to delegating decision-making about your child’s life, there is also a list of factors for a judge to take into account when determining the appropriate schedule for parenting time, including:
Because the new Illinois child custody law provides significant discretion to judges, you may need the help of a child custody lawyer who understands your situation and could be an effective advocate for you in the courtroom. Call Reidy Law to get started.