Illinois has modified its statutes wherein parents are now allocated “parental responsibilities” and “parenting time” instead of “custody”. The purpose of these changes was to try and give the parents less to fight over. You can win “custody” but winning “parental responsibilities” doesn’t have the same allure. "Parental responsibilities" refers to the major decisions pertaining to a child’s education, medical care, religion and extra-curricular activities. Parents can jointly be allocated all of these responsibilities (what we used to call “joint custody”) or they can be divided between the parties, or one parent can be awarded all decision-making in all of these areas. While the intention is to resolve these types of cases, a lot of them end up in court, and it is good to be prepared for the legal process that lies ahead. Here are five (5) tips to help you know what to look out for when facing a child custody or parenting time battle. 1. The status quo is important, so be the parent you want to be. The court is mandated to look at the 24 months prior when determining what the status quo has been for parenting time and allocation of parental responsibilities, and when there is a disagreement, the status quo often rules. So, for example, if the parties have lived separate and apart for a year and mom has seen the children 50% of the time and dad has seen the children 50% of the time, and that seems to work, the court will likely allocated the parenting time 50/50 between the parties in an order. If this is not working, though, the court may re-evaluate the status quo. The same goes for decision making/allocation of parental responsibilities. If mom has always scheduled and attended all doctor’s appointments, and that has worked, that will likely continue. If both parents have always attended parent-teacher conferences, that will likely continue. The court is not likely to allow a mom who has never made any educational decisions for their children the sudden right to be the sole parent who makes educational decisions. So, managing your expectations and understanding the status quo is important when there are no serious endangerments or other issues. If you want half the parenting time, exercise half the parenting time, even if you aren’t in court yet. If you want a say in extra-curricular activity selection, get involved now. The court usually does not re-write the history of the family, unless there was a serious issue with how things were operating. 2. Keep records and documentation. Keep all records and documentation so that you are prepared when your attorney asks for them.
3. If you have not yet, don’t leave the children’s residence. If you are still living with your children and their other parent, it may be a good idea to stay in the same residence as your children until your case is over, so long as there are no dangers. A lot of times courts will keep the children in their residence when there is a dispute, so if one parent moves out, they may not be able to take the children with them, especially when dealing with the school year and transportation to school, completion of homework, etc. The court does not like the children to have a large amount of travel time and tend to keep the children in their own home environment. If one parent moves out, then they are subject to only seeing their children on a set schedule, which may not reflect the amount of time they want to spend with their kids in the end. It is best to try and stay living with them, as long as there are no reasons to move because then both parents are spending an equal amount of time with the children in the marital residence. Now, this is not always possible and sometimes it is best for certain family members to move, such as in situations with domestic violence. Speak to your attorney before you move out of the residence, however. 4. Prepare your residence for your children if you have already moved out. If a parent has already moved out of the children’s residence it is best to prepare your new residence for the child/children. This means ensuring they have their own private place to sleep. For example, if a dad moves into a studio apartment but has three children, that is not a setup where the children can spend much (if any) overnight time on a permanent basis because it just isn’t feasible. If dad moves into a place where the children have their own beds and a private place to sleep, and which is near their school, that is a scenario where the court might consider more overnight parenting time. Also, be sure to try and help your children adjust to your new home. Get them excited by taking them shopping for their sheets and bedding, keep toys and clothes for them at your house, buy them toiletries for your house. The less they have to “pack” to spend time with you, the more the new residence will feel like home. 5. Prepare financially for parental responsibilities and parenting time battles. Allocation of parental responsibilities and parenting time battles (formerly called “custody” battles) are extremely expensive. They often involve a Guardian Ad Litem or a Child Representative being appointed, or even a 604.10(b) Custody Evaluator. The legal process is long and draining both financially and emotionally. Be prepared to pay a lot of money in attorney’s fees and evaluator fees when embarking on this journey and save and plan accordingly. Seek Advice from a Chicago Child Custody Attorney If you are anticipating a child custody or parenting time battle, be sure to seek legal advice about your options. At Anderson & Boback, our attorneys have helped hundreds of parents and families in Chicago resolve child custody and visitation issues, including complex child custody battles. Contact us today for a free consultation to discuss your situation. THIS ARTICLE WAS PREVIOUSLY PUBLISHED AT: https://illinoislawforyou.com/blog/child-custody-or-parenting-time-battle-what-you-need-to-know/
0 Comments
For Illinois parents that are no longer together or facing divorce, understanding the basics of child custody law is important. First, the term “custody” no longer exists in Illinois. The State of Illinois changed its laws regarding custody in 2016, and child custody is now officially called “allocation of parental responsibilities”.
Allocation of Parental Responsibilities The allocation of parental responsibilities has two (2) components. The first component sets forth the schedule of when the child/children are with one parent and when they are with the other parent. This is also called parenting time. There can be equal or shared parenting time, which is measured by how many overnights each parent has with the child/children. If both parents have over 146 overnights per year with the minor child/children, then they have equal or shared parenting time. If only one parent has over 146 overnights with the minor child/children, then that parent is designated as the parent with the majority of parenting time, and their residence is where the minor child/children reside. Decision-Making for the Children The other component of the allocation of parental responsibilities is decision-making for the minor child/children, which deals with 4 separate areas:
When Parents Disagree on Parenting Time If both parents are unable to agree on a parenting time schedule and how decisions will be made for the minor child/children, then the Court must decide what is in the best interest of the minor child/children by weighing and analyzing several factors that are outlined in the statute. For allocation of decision-making, this is governed under section 750 ILCS 5/602.5 of the Illinois Marriage and Dissolution of Marriage Act. The factors an Illinois Court will review in determining which parent should have sole decision making, or if the parents should make these decisions together are as follows:
Illinois Parenting Time Law The statute regarding parenting time is set forth in 750 ILCS 5/602.5 of the Illinois Marriage and Dissolution of Marriage Act. The factors the Court must review to determine which parent should have the majority of parenting time, or if the parenting time should be shared equally, are similar to those to be considered when determining decision-making but vary slightly. The factors the Court is required to review to determine what is in the best interest of the child/children regarding the parenting time schedule are as follows:
Seek Legal Advice from a Chicago Family Law Attorney If you have questions about Illinois child custody - the allocation of parental responsibilities - and the different options available, be sure to reach out to an experienced Chicago family law attorney for assistance. THIS ARTICLE WAS PREVIOUSLY PUBLISHED AT: https://illinoislawforyou.com/blog/understanding-the-basics-of-illinois-child-custody-law/ "I had the state represent me in a child support case. Now it's over. I am named the custodial parent, but does that mean I have sole custody? Should I hire a lawyer to petition for sole custody if I don't have it right now?"
Recently this question was posted on an attorney question board. The writer is a mother looking for clarification on an issue we see at our Chicago family law firm all the time. Parents are always interested in titles, and with that, always want to know exactly what type of custody they have. Joint Custody vs. Sole Custody Of course, it's important to know the difference between "joint custody" and "sole custody" so that you know what your legal obligations are, but I find that parents are much too concerned about the title they have. Parents should be more concerned with what is in their parenting responsibilities agreement, instead of what title they have in the law. Typically, sole custody means that you will be making all the decisions regarding your child. You'll decide what school the child attends, what doctor the child sees, and what religion the child will attend. In a joint custody arrangement, you'll share these decisions with the other parent. To answer this parent's question though, if he/she is getting the child support, then presumably that person is the custodial parent. If there has been no designation by the court that the parents are joint parents, then its likely the custodial parent also has sole custody. Does this parent need an attorney to petition for custody though? It's doubtful. The State's Attorneys are free to any person who seeks their services. But they are limited as to what types of cases they take. Their role is to get child support for the custodial parent, but that is just one issue that parents have. What about parenting time? Who has the child on a specific holiday or vacations? The State's Attorney is not going to help the custodial parent with that, so having a court order that details that information is beneficial, whether you are the custodial parent or not. Get Advice from a Child Custody Attorney When you hire a family law attorney, you will want more than just a determination on what type of custody you want. Think less about the title you are seeking, and more about what you want your custody judgment to say. Each judgment is personal and reflects your special needs, so determine what they are. Stop thinking about what your friend, your neighbor, or your associate at work has in their custody judgment. Instead, think about what you need, so you specifically tailor your agreement to fit you. For instance, are you attending night school on Tuesday nights? Do you need the other parent to step up and spend time with the child while you do that? That would be something beneficial to you, and when you approach the other parent to spend time with their child at that time, it's likely to be a welcome conversation. Most non-custodial parents seek more time with their children, and this type of clause in your parenting agreement achieves everyone's goals. Think long and hard about what you are looking for, and then, by all means, contact a child custody attorney to clarify your custodial rights. But expand the judgment to include items that will give both parents what they need, and it's likely going to benefit your child. After all, it is supposed to be about what is in the child's best interests. THIS ARTICLE WAS PREVIOUSLY PUBLISHED AT: https://illinoislawforyou.com/blog/named-custodial-parent-do-i-have-sole-custody/ |
AuthorArchives
August 2022
Categories |