Are you seeking child custody or visitation in a divorce? If so, I would invite you to call me for a free consult to learn how I can help you!
Child custody can be determined by a court either during or after a divorce, even for unmarried parents. The main factor in deciding parenting time is what arrangement is in the best interest of the child (or children).
I help clients in seeking the best child outcome for them. In Illinois, typically parenting time matters (formerly referred to as “custody”) are negotiated between the parents, and then approved by the court.
In general, Illinois courts operate under the presumption that children will benefit by having significant quality time with both parents, except when other extenuating circumstances exist, such as abuse or addiction. Thus, without such extenuating circumstances, courts will not simply give sole parenting time to one parent, even in cases where a divorce may have been caused by marital infidelity. As a result, I help clients in determining their primary objectives, and then work towards accomplishing these objectives through negotiation.
If an acceptable parenting time plan cannot be achieved, at a client’s direction I will take such matters to trial. Normally, trial is best avoided because of both the potentially significant cost and the fact that a judge may not fully appreciate the schedules of the parents. However, in some cases, a trial will become necessary. In those cases, I fight hard to secure a favorable outcome for my clients.
No. There is nothing automatic about how a court will decide a parenting time dispute. Historically, there has been a strong preference in not separating children from their mothers, but this has legally changed.
As the role of women in the workplace has increased, men are playing a more equal role in caring for their children. Many men have responded positively to this change as it gives them the opportunity to become more involved in the lives of their children.
In today’s climate, either the mother or father has a chance of gaining primary parenting time with their children.
Yes. However, a change in parenting time can usually take place only if there has been a substantial change in circumstance of the child’s health or welfare. Remember that the court determines parenting time by looking to the best interests of the child, or children. This means that once parenting time is set by the court, it is not a simple matter to change it.
Determining parenting time is not a direct formula applied by the court. There are a variety of factors that the court will look at in determining what is in the best interests of the child. Some of those factors include:
This is not an exhaustive list of all the factors a court examines. It is simply a taste of what the court considers in determining the best interests of the child.
For experienced and dedicated legal counsel, you can turn to me. I zealously advocate for my clients while understanding the emotional nature of asking for primary parenting time. Through this balance, I help my clients to an agreeable outcome while keeping an eye on the best interests of their children.
Please call me at (708) 279-4050 or fill out this form for a FREE Consultation.
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