Resolving child custody arrangements during a divorce is very frequently resolved amicably and quickly, this issue can become incredibly difficult and contentious. You and your spouse’s respective child custody lawyers will attempt to help you find common ground related to your child custody arrangements. If, however, you’re unable to come to an agreement, the court will have to make these important decisions on your behalf. Working closely with an experienced Chicago child custody attorney is an important step in giving you the best chance of obtaining a child custody arrangement that works for you and your children.
If you and your spouse – aided by your respective attorneys – are not able to come to a mutual agreement regarding child custody, mediation can help. Under Illinois law, if divorcing parents cannot agree on custody, the court will send them to mediation so they can try to work out their disagreements in a more structured setting with a trained mediator. Mediation can help in many different ways, including, but not limited to:
Your respective Chicago divorce lawyers can guide you through the mediation process and provide counsel regarding your rights under Illinois law.
If mediation fails and the parties are unable to reach an agreement, their child custody case will have to get decided by the court. A court will look at many different factors and may even order a custody evaluation from a trained professional. The court’s overriding goal is to do what is in the best interests of the children involved. In this process, the court will look at a number of factors, including, but not limited to:
Unless a significant issue exists with one of the parents, Illinois courts believe that spending time and maintaining relationships with both parents is in the child’s best interests.
The State of Illinois has modified the terminology related to custody and now uses the allocation of parental responsibilities instead of legal custody (the parent who makes important legal decisions on behalf of the children) and parenting time instead of residential custody or visitation. Each custody arrangement will be based on the circumstances of your situation, the other parent’s situation, and the needs of your child. You will need to design a detailed parenting plan that sets out all of the details of your parenting time and the allocation of parental responsibilities.
Child custody concerns are generally a highly emotional part of a divorce. If you are facing such concerns, the dedicated child custody attorneys at The Law Offices of George M. Sanders in Chicago have the experience, compassion, and commitment to help you. For more information, please don’t hesitate to contact us today.