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Custody, Visitation & Parental Responsibilities

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Custody, Visitation & Parental Responsibilities

Custody, Visitation & Parental Responsibilities Attorneys in Chicago

As a mother facing divorce, fear for your children overshadows everything. You’re not just ending a marriage, you’re changing your children’s lives. Will they feel secure? Will their routines crumble? Will their relationship with you change?

At The Women’s Divorce & Family Law Group, we understand how heavy these concerns weigh on you. As Chicago’s first law firm dedicated to supporting women and mothers, we’ve successfully guided countless clients through Illinois’ custody laws. With compassion, dedication, and experience, we’ll help you protect what matters most: your children.

Understanding Illinois Custody Law Today

Illinois has modernized its approach to child-related matters during divorce. What was once referred to as “child custody” and “visitation” is now known as “allocation of parental responsibilities” and “parenting time.”

Parental responsibilities determine who makes significant decisions about your child’s upbringing, including their education, healthcare, religious instruction, and extracurricular activities. Parenting time refers to the actual hours each parent spends caring for the child and making day-to-day decisions.

Creating Your Family’s Parenting Plan

The court requires a detailed “parenting plan” that outlines exactly how parental responsibilities and time will be divided between the parents. This isn’t just a legal document; it’s your roadmap for your family’s new normal. A well-thought-out parenting plan can minimize confusion, reduce conflict between parents, and provide your child with consistency and stability moving forward.

If the two of you can reach a mutual agreement on your parenting plan, you retain control over the decisions that will shape your family’s future. The court typically approves arrangements that both parents agree on, as long as they meet the child’s best interests. However, if an agreement cannot be reached, the court will intervene to resolve the dispute.

When a judge makes decisions about parental responsibilities, they may determine that both parents should share major decisions equally, fostering a cooperative approach. Alternatively, they may allocate specific responsibilities to one parent based on the family’s dynamics. For example, if you’ve historically managed your child’s medical care or education, the court may recognize this and assign those responsibilities to you.

Your Child’s Best Interests Come First

When determining parental responsibilities and time allocation, Illinois courts focus solely on what serves the best interests of the child. The factors they consider include:

  • Each parent’s wishes and concerns
  • Your child’s own preferences (depending on their age and maturity)
  • Your child’s specific needs and circumstances
  • The mental and physical health of all family members
  • Your willingness to cooperate with your ex-spouse
  • Your commitment to fostering your child’s relationship with their other parent
  • The distance between your respective homes
  • Any history of domestic violence or abuse

The court examines additional factors as needed to make sure your child’s well-being remains the top priority.

Don’t Do This Alone

Your concern for your children is what makes you a great parent. You deserve a legal team that matches your dedication. At The Women’s Divorce & Family Law Group, our Chicago child custody attorneys help you make sense of Illinois’ laws so you can focus your attention on your children and their well-being. Contact us today and let us help you protect your most precious priority.

FAQS About Child Custody in Illinois

How can I help my children through my divorce?

Divorce is hard on kids, but your love can make all the difference. Be open and honest with them. Reassure them that both parents love them and that it’s not their fault. Keep routines stable and avoid involving them in conflicts. If needed, family counseling can help everyone process emotions and adjust to this new chapter.

How can I make child custody discussions less stressful?

Custody doesn’t have to be a fight. Mediation can help you and your ex focus on your children without the stress of court. Keep talks centered on your kids’ needs, not past issues, and write down agreements to avoid confusion. Staying flexible and cooperative can make things easier for everyone, especially your kids.

When can I request sole custody?

Sole custody is usually granted when a child’s safety is at risk, such as in cases of abuse, neglect, substance abuse, or severe mental health issues that affect parenting. Be ready to provide clear evidence if you’re pursuing sole custody.

What if my child has special needs?

Parenting plans must prioritize your child’s best interests, especially for those with special needs. Courts will consider medical care, therapy, education, and which parent can best support them. You may need to adjust schedules or responsibilities to meet your child’s unique needs.

What are some typical parenting time arrangements?

Parenting time varies depending on what works for your family. Common schedules include alternating weekends, a week-on/week-off arrangement, or a 2-2-3 plan (two days with one parent, two with the other, then three with the first). The best plan prioritizes your child’s well-being.

Can custody arrangements change over time?

Yes, parenting plans can be adjusted to accommodate major life events, such as relocation, job changes, remarriage, or new needs for your child. You can request modifications, and the court will review whether the changes are in your child’s best interest.

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