Wilmette Child Custody Lawyer

Illinois Family Lawyer Assisting Clients with Child Custody in Wilmette

Going through a child custody case is one of the most difficult aspects of any divorce, especially when your children are young. Illinois recently underwent changes to its child custody laws, and the state no longer recognizes the language of “child custody.” Instead, under the Illinois Marriage and Dissolution of Marriage Act (IMDMA), courts now allocate “parental responsibilities” instead of awarding child custody. This new language is more flexible, recognizing that different families have different needs when it comes to raising their children.

Child custody cases are never easy, but a Wilmette child custody lawyer can speak with you today about your family’s situation.

Defining Wilmette Parental Responsibilities

What are parental responsibilities? Under the IMDMA, parental responsibilities used to be known as legal custody and physical custody. Now the law sees parental responsibilities as both of the following:

• Making significant decisions about the child’s upbringing (formerly legal custody); and
• Parenting time, or providing caretaking functions for the child (formerly physical custody and visitation).

Best Interests of the Child Standard in Wilmette

Even though Illinois law has changed the way it defines child custody and visitation, courts still rely on the best interests of the child standard for allocating parental responsibilities. In making a determination about the child’s best interests, the court can consider many different factors, including but not limited to the following:

• Wishes of the child if the child is mature enough to express independent preferences;
• Child’s adjustment to his or her home, school, and community;
• Mental and physical health of the parents;
• Mental and physical health of the child;
• Ability for parents to cooperate when it comes to making decisions about the child;
• Each parent’s previous participation in decision-making responsibilities for the child’s day-to-day care, as well as for significant issues concerning the child’s upbringing;
• Prior agreement between the parents concerning decision-making responsibilities for the child;
• Each of the parent’s wishes;
• Needs of the child;
• Distance between the parents’ residences;
• Costs associated with transportation for the child;
• Each of the parents’ daily schedules;
• Child’s daily schedule;
• Each parent’s willingness to encourage a close and continuing relationship between the child and the other parent;
• History of domestic violence, abuse, or any kind of physical violence or threat of violence; and
• Whether one of the parents is a convicted sex offender.

The statute leaves the court the ability to consider any other factor that it may find relevant in determining what is in the best interests of a child in a custody matter.

Seek Advice from a Wilmette Child Custody Attorney

Do you have questions or concerns about your child custody case? Determining parental responsibilities can be extremely complicated, and you may disagree with the other parent about what is in your child’s best interests. By working with an experienced Wilmette child custody attorney, you can ensure that you will have a dedicated advocate on your side to present your case to the court. Contact the Law Office of George M. Sanders, P.C. for more information about the services we provide to families in Wilmette, Illinois.