Create A Stable Coparenting Agreement
During divorces involving children, determining which spouse retains custody is often one of the most contentious issues to resolve. If the divorcing parents cannot agree on a child custody arrangement, it will be up to the family court to make that determination. In such cases, the court tries to determine the best interests of the child based on all relevant factors. The decision of the court often rests on the strength of the legal arguments presented by both sides. For this reason, it is essential to have a skilled family law attorney in your corner.
At Reich, Jumbeck, Stole & Reeb, we have over 50 years of combined experience representing clients for child custody issues in Will County and Grundy County. We offer quality representation to our clients for all matters related to divorce and family law. We handle even the most complex divorces involving large asset valuations, businesses, and similarly complicated issues. Our attorneys work closely with our clients to provide the personalized service they deserve while aggressively advocating for their best interests.
Understand Child Custody Laws In Illinois
Prior to January 1, 2016, custody was granted to one of the parents during a divorce or parentage proceeding. However, under the revised Illinois Marriage and Dissolution of Marriage Act (IMDMA), child custody and visitation determinations changed drastically. Not only did the verbiage of the terms change to “allocation of parental responsibilities and parenting time”, respectively, but the way the courts consider raising a child in the event of divorce was altered as well.
Previously, sole or joint custody agreements existed but now the courts are placing an importance on cooperative allocation of parental responsibilities. There are no longer custodial or non-custodial parents but rather the court is required to consider several factors in determining whether one or both parties will be awarded responsibilities in the areas of education, health care, religious upbringing and extracurricular activities. However, one parent may be considered the primary residential parent and have the majority of parental responsibility purposes, such as designating a school district and more.
Prior to the entry of an allocation judgment, the parents each are expected to propose a parenting plan outlining the significant decision-making duties each will have for the child. The plan should also include a schedule for each parent’s time with the child so that future disagreements can be overcome. If an agreement cannot be reached based on each party’s plan, a judge will decide how to allocate the parental responsibilities according to the child’s best interest.
What Is “Parenting Time?”
Visitation is now referred to by statute as parenting time defining it as the time during which a parent is responsible for exercising caretaking functions and non-significant decision-making responsibilities with respect to the child. The updated laws recognize that a parent has the right to reasonable parenting time with a child regardless of his or her decision-making power. However, if one parent is considered a danger to the child, the court will impose parenting time restrictions to keep the child safe.
Work With Our Firm And Provide Your Child With Stability
For skilled representation with child custody and allocation of parental responsibility matters, contact Reich, Jumbeck, Stole & Reeb, today at 815-770-2669, or by sending us an email. From our office in Joliet, our experienced family law attorneys serve clients in communities throughout Will County and Grundy County Illinois.