Illinois fathers often have questions regarding their parenting time rights in a separation or divorce. After paternity is established, fathers have the same rights and responsibilities regarding child custody as mothers. In Illinois, physical custody/visitation is referred to as parenting time and legal custody – the responsibility for making important decisions for a child – is called parental responsibility. Parenting time and parental responsibility must both be decided in a child custody case.
When parents agree, parenting time and parental responsibility will be shared and it is simply a matter of submitting a joint parenting plan to the court for approval. Sometimes, parents cannot reach an agreement on all issues, so the court may direct the couple to participate in mediation to help parents reach an agreement on a parenting plan for submission to the court.
A parenting plan details each parent’s responsibilities and the proposed placement schedule. A parenting plan includes whether one or both parents will make significant decisions for a child; a parenting time schedule to include what days of the week, weekends, holidays and breaks each parent will have the child; who is responsible for picking up and dropping off a child for each parenting time exchange; a first right of refusal providing one parent the option for additional parenting time if the other parent cannot care for a child during their assigned time; a provision for parent communication with a child; how parents will resolve disagreements; and many other issues that may be unique to the situation. Working with an experienced child custody lawyer is crucial in drafting a comprehensive parenting plan, with a measure of flexibility to stand the test of time and changing circumstances.
Illinois Contested Child Custody
When parents just cannot agree on parenting time or parental responsibility, the court will make a determination. Illinois courts prioritize the best interests of a child when determining parenting time arrangements. To this end, a court will consider various factors such as the child’s and parents’ wishes, the relationship the child has with each parent, the parents’ mental and physical health, whether a history of domestic violence or abuse exists, and other relevant factors.
The court may assign a guardian ad litem (aka child representative) to the case to conduct an evaluation to determine what parenting time and parental responsibility arrangement is in the best interest of the child. The guardian ad litem will typically meet with all parties involved – parents, close relatives, school personal and others – as part of an overall investigation to provide a recommendation to the court regarding custody. The court will also hear testimony of expert witnesses and concerned parties, weighing any evidence presented to determine what is in the child’s best interests.
Fathers’ Visitation Rights
Fortunately, Illinois courts tend to lean toward shared custody, believing children benefit from a relationship with both parents. However, there are issues that can negatively impact a custody determination which may include a history of domestic abuse, addiction, absenteeism, indifference, or evidence of a parent’s inability to provide sufficient care for a child.
To overcome arguments against a father’s right to custody, it is important to work with an experienced lawyer who can address past mistakes the other side will most certainly bring up in a contested matter, while emphasizing where their client is now and their client’s commitment to improve their lives and the lives of their children demonstrated through recent positive actions. Having excellent representation when negotiating a parenting plan agreement or fighting for custody in court can make all the difference to ensure a continued relationship with your child. Contact Libertyville child custody lawyer Ronald L Bell for help today 847-495-6000.