Deciding to end your marriage and pursue a divorce is rarely easy, especially when children are involved. In divorce cases where spouses have children, they often want to protect them from the stress and uncertainty of divorce while ensuring their lives are affected to the least extent possible. At the same time, parents might be concerned about what effect the divorce will have regarding child custody and their ability to see and be a part of their children's lives. If you are getting a divorce and are concerned about matters related to child custody, consider consulting with a knowledgeable attorney who will ensure your rights are protected while consistently placing the child's best interests at the forefront of every decision.
Illinois Law Regarding Child Custody Matters
It is important to note that as of 2016, Illinois refers to child custody as the "allocation of parental responsibility." This term speaks to the parent's right to decide about their children's upbringing. The four primary areas where decision-making is relevant are education, health, religion, and extracurricular activities. Each parent may share these matters and the decisions accompanying them, or they may be assigned to one parent only. Generally, issues pertaining to parental responsibility are outlined in a parenting plan created by the parents as part of their divorce decree. In a best-case scenario, parents can lay out their plans for the allocation of parental responsibilities with the assistance of their attorneys or through mediation.
However, sometimes parents cannot work together and reach an agreement. In these cases, a judge will decide what to do. A judge will look at the children's needs, the parent's wishes, the physical and mental health of the parents, how well-adjusted the children are to their environment, the parent's willingness to help foster a positive environment for their children with the other parent, and more.
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