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What Are My Child Custody Options During a Divorce in Illinois?

Posted on in Divorce

Arlington Heights divorce and child custody attorney

A divorce can be considered a good decision for some family units. However, when there is a child involved, the process can sometimes become contentious. Illinois law allows for parents to set up a schedule for child custody, now referred to as “allocation of parental responsibilities.” These are all based on what is in the best interest of the child.

How Is Child Custody Determined?

Most of the time parents agree to the terms of the allocation of parental responsibilities in court. If the parents cannot come to an agreement, then a judge will decide which parent will act in the best interest of the child. The court will decide which parent--or sometimes both--can make the best choice for the child in many different areas, including:

  • Education (which school the child will attend)

  • Religion

  • Health (medical, dental, and therapeutic treatments the child may need)

  • Extracurricular activities

Child support is determined by the family court judge who presides over the case. The amount of support is determined based on the income of each parent, the amount that is necessary to provide care for the child, and school or medical fees.

Can a Minor Choose Which Parent to Live With?

In Illinois, a child over the age of 14 years old can choose which parent they want to stay with. However, the judge can overrule the minor’s decision if he or she believes the parent who is chosen is not in the minor’s best interest. The judge will determine who is the best guardian for a minor based on all of the following:

  • Parents’ prior legal history

  • Violent tendencies

  • Where both parents plan on raising the children

  • Which parent has a more stable environment for the child

Once an agreement is reached, the parenting plan can also decide when a parent can visit his or her child, where the child will spend birthdays and holidays, and transportation arrangements to and from school or extracurricular activities.

Contact an Arlington Heights, IL Divorce Lawyer

A divorce involves a lot of decision-making, especially if a child is involved. If you or someone you know is going through a divorce and a child custody agreement must be reached, it can be a complicated process. You should hire a lawyer from A. Traub & Associates, Attorneys at Law, to make sure your rights are not violated. To discuss your case with a knowledgeable Arlington Heights divorce attorney, call 847-749-4182.






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