Common Questions about Child Custody in Illinois

 Posted on December 05, 2023 in Child Custody

If you are a parent and are heading toward a divorce, you probably have a lot of questions about how you and your spouse will divide parental rights and responsibilities. Since there is no uniform way for custody to be decided and every divorce is different, it would be legitimate for you to be feeling some uncertainty at this time. Have no fear. An experienced Arlington Heights, IL family lawyer will be able to clear up your confusion and create a plan to zealously fight for your rights.

What Is Considered Legal Custody?

What is commonly known as legal custody is referred to in the State of Illinois as parental responsibilities. This term covers parents’ rights to make decisions that concern their children in the following spheres:

• Health: This refers to all decisions about the child’s physical, dental, mental, and psychological health and treatment.

• Religion: This category refers to the child’s religious activity, including if and where they will attend services of a religious nature.

• Education: Decisions under this category include which school the child will attend and everything related to any tutors or enrichment programs that might be relevant.

• Extracurricular activities: Decisions regarding any clubs, sports teams, martial arts or music lessons, and any other extra-curricular activities fall under this category.

What Is Considered Physical Custody?

The State of Illinois uses the term parenting time to refer to the time each parent has with their child. This is otherwise known as visitation. Decisions about parenting time determine where the child will live. In some cases, both parents have an equal or almost equal division of parenting time, and in other cases, one parent has all or the majority of parenting time. The actual division is made once several factors are considered.

How Are Child Custody Decisions Made?

In the State of Illinois, unless either parent can be proven to be dangerous or unwilling or unable to care for the child, parenting time and parenting responsibilities will be divided between both. In any individual case, the court will consider each parent’s income, work schedules, parenting styles, and other factors before making these decisions.

What Is a Parenting Plan?

This is a document that will explain in detail which parental responsibilities each parent is allocated. Some decisions that fall under the title or parental responsibilities might be for a parent to make individually, and some might need to be reached by both parents together. It will also include where the child is supposed to stay and when, with specifications about holidays, birthdays, family events, and other special occasions.

Speak with an Arlington Heights Divorce Attorney

If you are a parent planning on getting a divorce, you will likely have several questions running through your mind. Instead of letting uncertainty stop you from fighting for your rights, why not let an experienced Arlington Heights family lawyer create a plan and start aggressively protecting your interests? Call A. Traub & Associates at 847-749-4182 today.