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Category Archives: Child Custody

Lombard IL family law attorneyIf you are a parent, your children are probably a top priority in your divorce. You may be well aware of the profound impact divorce often has on children and want to ensure that you do whatever you can to minimize your kids’ suffering. You may hold strong opinions about the child custody arrangements that are best for your kids after a divorce. What happens if these opinions differ from the other parent’s opinions? How are child custody disputes handled in Illinois?

Child Custody Laws in Illinois

In Illinois, child custody is now referred to as “parental responsibilities” and “parenting time.” Parental responsibilities primarily include the parents’ authority to make major child-related decisions. Parents may decide that one parent is in charge of the child’s education, extracurriculars, religious training, and other important matters, or the parents may share decision-making responsibility. Parenting time, which used to be called “visitation,” is the time that a child spends in the care of each parent. Parents are asked to complete a parenting plan that describes how parental responsibilities, parenting time, and other important matters will be handled. The parenting plan is submitted to the court for approval. However, some parents cannot reach an agreement on child custody concerns on their own.

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IL family lawyerDomestic battery charges in Illinois are often pursued very aggressively. Depending on the conditions of the situation, it is possible that severe charges can result. In addition to potential fines and prison time, individuals convicted of domestic battery may also see changes to their parental rights. If you have been charged with domestic battery, it is important to work with an experienced criminal defense attorney in order to protect your rights.

Domestic Battery in Illinois

Domestic battery offenses affect a wide scale of families every year. In the state of Illinois, an individual commits domestic battery if he or she knowingly without legal justification:

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IL family lawyerMany couples breathe a sigh of relief upon the finalization of their divorces, believing that their legal problems are now over. This, however, is not always the case, especially for couples who share custody of a child. In fact, it is more likely than not that a family will eventually need to re-address their parenting plan to account for a change in circumstances, like a new job, or even just a child’s changing needs. These changes must, however, be accompanied by compliance with specific steps, especially if one or both of a child’s parents want to relocate. For help ensuring that your own child’s best interests are protected during a potential relocation, please call our experienced Lombard, IL child custody and parental responsibility lawyers today.

Relocation by Agreement

Parents who share parenting time equally, or who have been allocated the majority of parenting time can attempt to relocate with their child, but must abide by certain rules. The parent who wishes to relocate must, for instance, give written notice at least 60 days before the move to the child’s other parent and must also submit that notice to the circuit court. These notices must contain certain information, including:

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IL custody lawyerWhen allocating parenting time between two parents who have decided to separate, Illinois courts are specifically directed to make their determination based on what would be in a child’s best interests. Although this may seem like a vague standard, Illinois law actually establishes what factors are important in determining a child’s best interests. Applying these factors to a particular case can, however, be a complicated process, so if you share a child with a former partner and need help coming up with a parenting plan that reflects what is best for your family, it is critical to consult with an experienced Lombard, IL child custody and parental responsibilities lawyer before proceeding with your case.

The Best Interests of the Child Standard

Like most other states, Illinois lawmakers adopted a series of factors that courts must consider in evaluating what is in a child’s best interests, including:

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IL family lawyerDue to changes in Illinois state family law, child custody is now referred to as parental responsibilities, still, the definition remains the same. If a parent is awarded parental responsibilities, they will essentially be granted custodial privileges. In the state of Illinois, parents can be awarded decision-making power as well as parenting time. While many couples seek to secure the overwhelming majority or all of the parental responsibilities in a divorce, the truth is that sharing parental responsibilities can be in your child’s best interest. If you are seeking a divorce, it is critically important to speak with a knowledgeable parental responsibilities attorney.

Your Child Maintains a Relationship With Both Parents: While visitation rights can still be granted in a divorce in which one parent is awarded all parental responsibilities, a child can benefit greatly from living and experiencing life with both parents. If you and your spouse both believe that you are capable parents, it may be time to work with your attorney to come to an agreement on the issues surrounding parental responsibilities, such as parenting time. Working with your spouse to develop a parenting plan can ensure that you have the flexibility to develop a schedule that will be conducive to your child’s lifestyle.

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