Evanston Child Custody Attorneys

If you are a parent currently working through the divorce process, the issue of child custody will inevitably come up. The term “custody” is actually a bit outdated – in 2016, Illinois adopted changes to the Illinois Marriage and Dissolution of Marriage Act that replaced the concepts of child custody and visitation with the terms “parenting time” and “parental responsibilities.”

Parental Responsibilities and Parenting Time

Parental responsibilities include the following:

• Making decisions on the child’s behalf regarding his or her education and medical care;
• Providing a stable home for a child;
• Raising the child within a specific religious tradition or explicitly without religion; and
• Providing for a child’s day-to-day needs.

Parenting time is the time the child spends in each parent’s household. Under most parenting plans, parents share parenting time and parental responsibilities.

Developing an Appropriate Parenting Plan

When the court creates a parenting plan for a child, it strives to create a plan that is in the child’s best interest. To determine what would best fit the child’s needs, the court considers a set of factors that include, but are not limited to the following:

• Each parent’s age and health;
• If the child is old enough to articulate a well-reasoned preference, the child’s preference may be considered;
• The child’s personal needs, such as special academic or medical needs;
• Each parent’s involvement in the child’s day-to-day        life, which can include helping with homework and being involved in extracurricular activities;
• Any history of domestic violence in either parent’s household;
• The child’s relationship with each parent and the other members of each parent’s household; and
• Both parents’ willingness to work cooperatively with each other and the court regarding issues like child support and the parenting plan.

Modifying a Parenting Plan

Under most circumstances, a parenting plan may be reviewed and modified every two years. When there is an urgent need to change a parenting plan, such as a child’s risk of being harmed under the current plan or a parent’s desire to move beyond the 25 or 50 miles he or she is permitted to move without court approval, a parenting plan can be modified before this point.

If parents agree to a proposed change, they can submit their new plan to the court and have it approved. If one parent does not agree to the other’s proposed change, the parent seeking the change must demonstrate how the proposed modification is in the child’s best interest.

Work with an Experienced Evanston Child Custody Lawyer

Going through a divorce can be financially and emotionally exhausting. When you have children, this exhaustion and its accompanying frustration can be magnified. Make the divorce process as straightforward as possible for yourself by working with an experienced divorce lawyer. Contact our team at The Law Offices of George M. Sanders, P.C. today to set up your initial consultation in our office, during which we can answer all of your questions.