Child custody cases can be included in the divorce process when the spouses have minor children from their marriage. Child custody cases can be entirely separate from other proceedings when unmarried parents end a relationship or when one parent seeks parental responsibilities following a paternity determination. When you are preparing for a child custody case, it is important to learn about how child custody is handled under Illinois law and to seek representation from a Northbrook child custody lawyer. One of our attorneys at Reifman Law Offices can begin working with you on your case.
Child custody is a term that has been replaced in the Illinois Marriage and Dissolution of Marriage Act (IMDMA) with the “allocation of parental responsibilities.” In Northbrook and throughout Illinois, parental responsibilities include significant decision-making responsibilities and parenting time. The allocation of significant decision-making responsibilities is similar to what was formerly known as legal custody, while the allocation of parenting time is similar to what was previously known as physical custody and visitation.
Under Illinois law, significant decision-making responsibilities include deciding how and where the child will receive an education and where and what type of health care the child will receive. When parents have already reached an agreement, either express or implied, concerning the child’s religious upbringing, then religion can also be included in significant decision-making responsibilities.
Parenting time is the physical time a parent spends with a child, during which the parent provides important caretaking functions for the child and makes non-significant decisions about issues like the child’s meals, homework issues, the child’s chores and responsibilities, and other similar matters. Parenting time includes overnights with the child according to a schedule that the parents develop or that the court creates in allocating parenting time.
Similar to decisions about child custody, all decisions about the allocation of parental responsibilities are based on what is in the best interests of the child. Parents can allocate responsibilities themselves in an agreed-upon parenting plan, or courts can allocate parental responsibilities when the parents cannot agree through an allocation judgment. There is a wide range of “best interests” factors listed in the IMDMA. Parents and judges can rely on those factors when allocating parental responsibilities.
Situations can change, and there may be a need for one or both parents to seek a modification of an existing parenting plan or allocation judgment. Generally speaking, Illinois law allows for the modification of an existing child custody order when the party seeking the modification can show that there has been a substantial change in circumstances and that the requested modification is in the child’s best interests.
If you need assistance with your child custody case, you should reach out to one of our Northbrook child custody attorneys as soon as possible. Contact Reifman Law Offices in Northbrook today for more information about how we can help you with your Illinois child custody case.
Additional Services in Northbrook: uncontested divorce, divorce.
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