Child Custody

Custody was the term used to describe the parenting decisions that were to be made after the parents decided to end their relationship. Illinois has changed the structure to provide that the determination is no longer of custody but rather of the allocation of parenting responsibilities. Parental responsibilities in terms of the law can be broken down into four main categories, religion, medical, education, and extracurricular activities. The Court must determine which parent will make these decisions or whether the parents can make these decisions together. The Court can individualize these categories meaning that Parent A can make some decisions and Parent B can make others. Illinois has provided guidance in how the Court makes these determinations but in general the Court is seeking to serve the best interests of the child/children. Aside from the decision making, the Court will also need to make determinations of the parenting schedule that is appropriate for the children. This parenting schedule will determine which parent will be responsible for the children when. Overall, the Court’s preference is that the parents are able to reach an agreement without assistance on these issues, however, if that is not the case there are various steps the Court will/can take. First, the Court will likely Order the parties to mediation and if that does not result in an agreement the Court might consider appointing a Guardian ad Litem, which is a separate attorney to investigate the best interests of the child/children.

Parenting related issues are often the most contentious parts of divorce proceedings. Your children are important to you and understanding what the Court is looking for and the specific steps that will be taken in your case will help ease concerns and empower you to make decisions that are best for your family.