Child Custody

Child Custody in Illinois: How Laws Dictate Parenting Decisions

Since 2016, child custody in Illinois faced a rebranding to “parental responsibilities”. Similarly, the term “visitation” changed to “parenting time”. In general, Illinois presumes that both parents are “fit” to share parental responsibility and time. Particularly, research demonstrates that mutually involved parents benefit their children. Naturally, there are situations where this is not always the case.

In the event that parents disagree over Illinois presumptions, a judge dictates parental responsibilities and parenting time. Again, the judge’s decision heavily revolves around the children’s best interests. Oftentimes, when one parent alleges that the other is unfit, the legal issues drag out for months or years.

How Mediation and Collaborative Divorce Address Child Custody in Illinois

When it comes to child custody in Illinois, both Mediation and Collaborative Divorce emphasize creating an independent parenting plan. By taking a more amicable approach, both parties discuss prior parenting responsibilities in tandem with the upcoming transition. In the mediation or collaborative divorce processes, parents learn to navigate their shared parental responsibilities. Also, both parties engage in joint decision-making, a strong foundation for successful co-parenting arrangements.

Rather than expending funds on litigating, parents often choose to work with a child specialist. Therefore, both parties have access to an independent specialist who educates them on how their divorce impacts the children. In doing so, they foster a healthy environment for everyone moving forward. It is important for parents to convey to the children that they are all still family. Ultimately, this leads to a defined system concerning new living arrangements, communication patterns, and parenting decisions.

Begin the Collaborative Approach with Bruckner Hernandez Legal Solutions

Although the Illinois legal system no longer uses the term “custody”,  the court designates one parent as “custodian” for purposes of state and federal statutes. Conclusively, the designation holds little impact on the rights and responsibilities set out in the parenting plan.

At Bruckner Hernandez Legal Solutions, we know that when you have children together, you are family forever, and we prioritize children in all facets of what we do. For legal guidance on child custody in Illinois, contact the family law firm at Bruckner Hernandez Legal Solutions, LLC.

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