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Child Custody
The Best Interest of the Child / Parental Responsibility / Grandparent Visitation / Parent Relocation / Child Custody Modifications
Child custody and visitation are areas, which in an ideal world, would be settled amicably by the parents taking into consideration the parenting skills of each parent and the best interests of the child.
However, in reality, parents often have pretty significant reasons for getting divorced. Sometimes these reasons revolve around one spouse trying to protect the children from the other spouse. In Illinois, determination of child custody is based on the best interest of the child standard.
In matters involving child custody, the Steele Law Firm will try to reach a mutually satisfactory agreement prior to going to trial. If we are unable to achieve a pre-trial settlement that meets your needs, we will vigorously and aggressively represent your interests at trial.
The Best Interest of the Child
As a preliminary matter in determining the best interest of the child, a court will often look at which parent has been the primary caregiver of the child. Specifically, the court may ask the following questions in determining who has been the primary caregiver of the child:
- Who has the child lived with?
- Who prepared the child‘s meals?
- Who prepares the child for school including in the morning, as well as with respect to the child’s homework?
- Who schedules and takes the child to doctors, dentists and any other appointments, as necessary?
- Who stays home when the child is sick and unable to go to school?
As the child matures, the court may seek the child’s input regarding who the child’s residential custodian will be. However, one should be extremely cautious about trying to influence a child’s decision in a custody dispute. The psychological effects of the child being asked to choose between parents may be devastating if not dealt with in an appropriate manner being sensitive to the child’s desire to maintain a healthy relationship with both parents.
The court may appoint a Guardian Ad litem for the child. The guardian advocates in court for the child’s best interests, and will investigate and report to the court regarding the facts and circumstances in dispute. Often the guardian will make recommendations to the judge.
Additionally, an attorney may be appointed to represent the child’s interest. Any attempt by a parent to influence the child will be readily apparent to the attorney who is appointed to represent the child and such attempted influence may weigh against the parent.
The court may also appoint a psychologist to do a psychological profile of the family to help the judge make a decision concerning the best interest of the child.
In making a determination regarding custody, the court may consider the following statutory factors:
- The wishes of the child’s parent or parents as to his/her custody;
- The wishes of the child as to his/her custody;
- The interaction and interrelationship of the child with his/her parent or parents, his/her siblings and any other person who may significantly affect the child’s best interest;
- The child’s adjustment to his/her home, school and community;
- The mental and physical health of all individuals involved;
- The physical violence or threat of physical violence by the child’s potential custodian, whether directed against the child or directed against another person;
- The occurrence of ongoing abuse as defined in Section 103 of the Illinois Domestic Violence Act of 1986, whether directed against the child or directed against another person;
- The willingness and ability of each parent to facilitate and encourage a close and continuing relations between the other parent child.
It is important to understand that the application of the factors as applied by the court in each individual case may vary depending upon the facts of a particular case.
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Parental Responsibility
In determining child custody, the allocation of parental responsibilities must also be considered. Parental responsibilities fall into two categories:
- Decision-making - which includes educational, medical and religious decisions.
- Parenting time - Many states have guidelines that divide "parenting time" between the parents, however, Illinois does not have such guidelines. As every situation is different, Illinois courts look to the intricacies of the parent-child relationship in each individual case.
Usually decision-making responsibilities are shared between the two parties. However, if the parents can’t agree, the judge could award sole decision-making responsibility to one parent.
While both parties may have parenting time, it may be unequal. The child or children may live with one parent 90 percent of the time and with the other parent 10 percent of the time. The party with the majority of parenting time (meaning overnights) is often called the custodial parent.
Our attorneys believe in creating a unique parental responsibility plan specifically tailored for each family’s needs. Oftentimes, these cases call for an evaluation of parents and/or children before any decisions can be made. At the Steele Law Firm we are equipped to offer experienced counsel in these situations and with matters where a child needs a legal representative or child and family investigator.
When the parties are unable to resolve child custody issues, we can explore alternative ways of reaching a settlement.
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Grandparent Visitation
Our lawyers are experienced in representing parents, grandparents and other third parties in proceedings where a grandparent or third party seeks child custody and visitation rights.
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Parent Relocation
A parent may wish to relocate outside of Illinois following a divorce, taking their child or children with them. Court approval is often required before this can happen. Our lawyers are experienced both in requesting relocation and in representing the parent who opposes such a move.
Child Custody Modifications
In any divorce, parenting time, decision-making, and time schedules are subject to the continuing jurisdiction of the court, and one or more “modification” suits may arise after the divorce. As children grow, their needs and schedules change. What was in the best interests of a child at age five might not be in the best interests at age 13. If parenting time changes, child support may also be affected.
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For more information about child custody, click here to read our blog, Family Law Lifeline, or browse through our FAQs.
If you are seeking child custody, you need the advice and assistance of a skilled, experienced child custody attorney to help you protect all of your legal rights.
Call the Steele Law Firm at (312) 893-5888 today to learn more about how we can help you.
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