Why the Rules Have Changed
Child Custody and Parenting Laws in Illinois were recently revised in an attempt to level the playing field between parents and to eliminate the stigma that one parent was a second class citizen compared to the other.
Decision making authority (formerly known as custody) refers to the parents’ ability to make decisions regarding their children’s care and well-being.
The 4 distinct decision making categories
relate to the children’s:
- Religion and
- Extracurricular activities.
There are various ways that decision making authority can be divided among the parents. One way is to allocate the decision making authority to a single parent such that although both parents are involved in the decision making process, one parent can have the final say in 1 or all 4 categories. In the alternative, decision making can be shared equally such that the parents must mutually agree before a significant decision can be made in regards to these categories.
Each parenting decision is unique; however in order for there to be joint decision making the parties must show the ability to cooperate and to effectively communicate to make decisions for their child’s best interest.
In regards to parenting time with the children,
The Concept of “Visitation” No Longer Exists.
Instead, each parent is presumed to be entitled to parenting time unless on parent can show that the other presents an endangerment to his/her children. The Courts will designate one parent as the residential parent for school purposes only (meaning this is where the child will attend school);
This does not necessarily mean that this will be the parent with a majority of parenting time. Parenting time not only includes the standard weekly schedule, but also
Where the Children Will Be Spending Time with During Various Holiday and Vacation Times.
The evolving area of family law requires competent attorneys who are apprised on the recent changes and have litigated these issues in our court system.
We have the experience to guide you through this difficult process. For more information contact us for a consultation.
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Our Peoria Family lawyers help you through trying times on the following issues, but if you need more help, contact us now & we'll help you find the right attorney for you.
- Parental Rights
- Restraining Order