In Illinois, parenting responsibilities are broken into two categories, which include decision-making responsibilities, aka legal custody, and parenting time, aka physical custody and visitation.
Illinois Parenting Plan
When parents are able to agree on how parental responsibilities will be shared, parents will often work with their family law attorney to draft a parenting plan for court approval. Parents may decide that important decisions such as where a child will attend school, what religion they will follow, or decisions regarding health care will be decided together, or alternatively, they may designate one parent to oversee some or all consequential decisions for their child as part of the decision-making responsibility of the parenting plan.
Parenting time will detail how a child will spend time with each parent. It will include a regular weekly schedule – overnights and otherwise – of where the child will reside. Parents will also divide school vacations, holidays, and other events so that each parent can continue a close relationship with their child. Parenting time agreements will often provide details regarding how transportation will be handled during rotations, a provision for first right of refusal when a parent cannot spend time with a child during their allotted time, how disputes will be handled, and many other issues related to parenting time. It is very beneficial to enlist the help of an experienced child custody lawyer to craft a comprehensive plan that will serve the family well.
Illinois Child Custody Determinations
If parents cannot agree on how parenting responsibility will work, the court may require the couple to attend mediation to negotiate areas of conflict so that they can agree to a parenting plan. If mediation fails, a judge will determine the allocation of parenting responsibilities based on the best interests of the child. The judge may appoint a guardian ad litem – a child representative – to conduct an evaluation to advise the court, as well as consider other expert opinions depending on the circumstances of the case. A judge will make a decision with the child’s best interest in mind considering various facets to include the child and parents’ wishes, prior arrangements between the parents, the needs of the child, the distance between the parents residences, the mental and physical health of both parents, the recommendation of the guardian ad litem or other professionals, and any other factors deemed relevant.
Unmarried Parents and Child Custody
Sometimes parents merely separate having never married, or do not take the necessary steps to get a divorce which would include a court order for child custody. If there is no court order, both parents are assumed to have equal rights to make decisions on behalf of a child and to have physical custody of a child, as long as paternity is established. To protect parenting rights, it is advisable to not only ensure paternity is establish in cases where parents are unmarried, but also to create a parenting plan that details parenting time and parental responsibility to avoid inevitable conflicts in the future.
Contact an Experienced Family Law Attorney for Help
If you have questions regarding Illinois parental responsibility or parenting time, contact the Libertyville Illinois family law office of Ronald L Bell & Associates for immediate assistance at 847-495-6000.