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Child Custody & Visitation

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Brinkmeier Law

Child Custody & Visitation Attorney

Illinois changed its state law in 2016 such that there is no longer any reference to child custody or visitation. The state now uses parenting time in place of visitation and parental responsibility in place of custody.

Major decision-making responsibilities concerning a child can include their education, religion, healthcare, and extracurricular activities. Decisions about these activities may be shared by both parents or could be allocated to just one parent.

Possible Child Custody Solutions

When parents are in a dispute about parenting time and parental responsibility, then a court could have multiple ways of determining resolutions. Some of the possible solutions may include:

Joint Custody

Most courts are going to prefer joint custody solutions because they allow children to see both parents, which is always what a court will prefer. Joint custody will not necessarily mean that a child goes back and forth between parents’ homes.

One parent can enjoy primary custody in which the child resides with the parent for a majority of the week, but then the other parent may have parenting time and parental responsibility on the weekends. Both parents will still have says regarding important medical or other decisions relating to a child.

Custody for Non-Parents

There can be cases in which a third party who is not a spouse is seeking custody rights. Grandparents are among the most common kinds of third parties in these cases.

Most courts in Illinois will prefer to have children live with their birth parents, but third parties may be able to make adequate claims when they are able to prove that the parents are not fit to care for a child. This may be proven through evidence of child neglect, parents relinquishing custody, or children being in physical or psychological danger while another parent is caring for them.

The Children’s Advocacy Centers of Illinois (CACI) is an accredited chapter of the National Children’s Alliance (NCA) that coordinates and provides a comprehensive response to child abuse in Illinois. After children are referred, an interview will be conducted in a child-friendly environment by a trained professional who knows the best questions to ask in ways that do not re-traumatize children.

The amount of time that a parent spends with their child can also have an impact on child support payments, as parents who do not receive the necessary time with their child may have their payments reduced. Numerous factors can impact a judge’s decisions in a parenting time and parental responsibility case, including prior agreements between the parties, relationships children have with parents, and the distance between the residences of parents.

Call Us Today to Schedule a Free Consultation with Our Illinois Divorce Attorney

When you are dealing with a divorce or family law dilemma in Illinois, it can be tremendously important for you to have legal counsel so you can know exactly what you are doing. Brinkmeier Law, LLC, knows how stressful and confusing many court actions can be for most people, so we will take the time to explain every single aspect of your case to you and help you understand what is going on.

Our law firm knows how to do what is necessary to help people achieve the most favorable outcomes to their cases. Call (312) 291-4486 or contact us to set up a free consultation with our Illinois divorce attorney.

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