What is Most Important to Know About Child Custody in Illinois?

 Posted on May 04, 2023 in Divorce

When parents divorce, one of the most critical issues that must be resolved is child custody. In Illinois, child custody is referred to as the allocation of parental responsibilities, encompassing both the decision-making authority and parenting time with the child/children. If you are a parent getting divorced in Illinois, it is essential you understand what is most important to know regarding child custody. During this time, a divorce attorney will be a crucial resource for navigating the divorce and child custody process. 

Five Things to Be Aware of with Illinois Child Custody

Here are some essential things to know about child custody in Illinois, including:

1. Types of custody – There are two main types of child custody arrangements in Illinois. One is joint custody, meaning both parents share responsibility for major decisions and parenting time. The other is sole custody, where one parent is responsible for making important decisions regarding the child’s life. Generally, the court prefers joint custody, as it is widely believed that children are better off with both parents involved in their life and making important decisions instead of one parent having most of the say. However, there are situations in which sole custody is in the child’s best interests.

2. Factors considered – When determining the allocation of parental responsibilities, courts consider several factors, including the child’s preferences, the parent’s wishes, the child’s relationship with each parent, the parent’s living arrangements, and the child’s needs.

3. Parenting plan – In Illinois, parents are required to create a parenting plan detailing how decisions regarding the child will be made, how parenting time will be divided, and how any disputes will be resolved. The plan is subject to court approval and may be modified later if necessary.

4. Mediation – If parents cannot agree on custody terms, Illinois may require mediation to resolve custody matters, encouraging parents to reach an agreement on the allocation of parental responsibilities. Mediation can save time, expense, and the emotional toll of a court battle. Mediation is not always required and, in some cases, may not even be recommended, such as in custody cases where domestic violence is a factor.

5. Support – Child support is determined according to a statutory calculation that considers the parents’ income. The parent with the majority of the parenting time receives child support from the parent with the lesser share of parenting time. 

Contact a DuPage County Divorce Attorney

For divorce and child custody matters, contact the qualified Wheaton divorce lawyers with The Stogsdill Law Firm, P.C.. Call 630-462-9500 for a private consultation. 

Source:

https://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=075000050HPt%2E+VI&ActID=2086&ChapterID=59&SeqStart=8675000&SeqEnd=12200000