Navigating the complexities of child custody during divorce can be emotionally taxing, but with the right guidance, you can ensure the best outcome for your child. If you find yourself in this situation, consulting a seasoned child custody lawyer is crucial. The legal expertise we offer at the Reidy Law Office is here to provide clarity and support during this challenging time.
In Illinois courts, the term “allocation of parental responsibility” has replaced traditional child “custody” terminology. The guiding principle remains the best interest of the child, with judges considering various factors to determine parental responsibilities.
Unlike the previous custody model, the new law allows judges to assign responsibilities for specific aspects of a child’s life. For example, a judge may allocate education decisions to one parent and health-related choices to both. This flexibility ensures a tailored approach that considers the unique needs of each family.
The revamped law also replaces “visitation” with “parenting time.” When determining parenting schedules, factors like the child’s wishes, parental involvement in the past two years, and maintaining the child’s relationships are considered. This shift in terminology emphasizes a more collaborative and inclusive approach.
Previously, divorcing parents would fight over such terms as “joint custody” and “sole custody”, and misunderstand them for time spent with the child. In Illinois, the term “custody” is no longer used in divorce cases. Instead, a Judgment is entered that allocates parental responsibilities and parenting time. Now, the court decides who gets to make “significant decisions,” like (1) Education, (2) Health Care, (3) Religion, and (4) Extracurricular Activities.
While Illinois law doesn’t presume “joint custody,” most judges prefer parents to share parenting responsibilities and decisions as much as possible.
According to 750 ILCS 5/610.5, custody orders may be modified if there’s a substantial change in circumstances and it’s in the best interest of the child. In most situations, this modification isn’t possible until at least two years after the initial order.
Shared custody is typically in the best interest of the children, even if the ex-spouses don’t have a loving or amicable relationship. Co-parenting hinges on the ability to temporarily set aside differences to prioritize the well-being of the children. The challenge arises when the two parents have differing ideas about what serves the children’s “best interests.”
An effective strategy is to foresee potential areas of disagreement and address them in the divorce decree. For instance, rather than a provision stating that both parents will jointly determine religious upbringing, the language could specify that “the parties agree that the children shall be raised Christian.” This proactive approach helps establish clarity and minimize future conflicts for the benefit of the children.
Child custody matters demand careful navigation, and seeking professional advice is invaluable. If you’re facing a custody dispute or need assistance understanding your rights, the Reidy Law Office team is ready to help. Contact us today to schedule a consultation.
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