Child Custody/Parenting Time Lawyer Palatine, IL
When a child is born to parents who are not married and do not live together, or when a couple with children decides to dissolve their marriage, the issue of who will get custody of the child(ren) in question arises. To resolve this issue, Illinois’ courts turn to Illinois Marriage and Dissolution of Marriage Act, and seek to find a custody situation in which the “best interests of the child” are protected.
However, what is within a child’s best interests is not always clear nor agreed upon by parents, and child custody disputes can turn into drawn out legal battles. If you have questions about child custody in Illinois, or are seeking custody of your child, The Law Offices of Jenet G. Pequeno, LLC can help.
Finally, it is important to note that Illinois courts no longer use the term child custody; instead, as of January 1st, 2016, “child custody” and “visitation” have been replaced with “parental responsibilities” and “parenting time.”
Factors a Court Considers When Making a Determination
Under Illinois code, cited above, a court may consider all relevant factors when making a child custody determination, including, but not limited to:
- The wishes of the child;
- The child’s adjustment to home and community;
- The mental and physical health of all individuals involved;
- The cooperative abilities of the parents;
- The participation of each parent in the child’s life;
- The parents’ wishes;
- The willingness and ability of each parent to facilitate and encourage a close and continuing relationship between the other parent and the child;
- The unique needs of the child; and
- Any threats of violence or abuse that a child may face.
It is important to note that parents have the option of forming a parenting plan outside of the courtroom that is mutually agreed upon. If parents cannot construct a parenting plan together, then the court will first require mediation between the parents and then if necessary, make a custody determination on the family’s behalf.
Child Custody: Significant Decision-Making Responsibility & Parenting Time
It is important to note that a court will address two primary parental responsibilities when making a child custody determination – the right to make significant decisions in regards to the child, and the right to spend time with the child. One parent may be awarded both or one of these responsibilities, or parents may share both.
How a Family Law Attorney Can Help
If you and your spouse are in agreement about with whom your child should live and who should make important decisions concerning the child’s welfare, then an attorney may be an essential item for reviewing your parenting plan and ensuring that it is correctly constructed in the manner the Courts accept. If you and your spouse cannot come to a determination about the above, then a family law attorney can help you by guiding you through how to seek custody of your child, and how to prove to the court that the child’s best interests are served by living with you. The attorney at the Law Offices of Jenet G. Pequeno, LLC has crafted agreements and will also take these matters to trial when there is no other option.
Contact The Law Offices of Jenet G. Pequeno, LLC
Our family law attorney has been representing clients in Illinois for many years, and understands how sensitive child custody issues are. For legal representation that you can count on, contact The Law Offices of Jenet G. Pequeno, LLC today for a consultation. Call (847) 616-0980 to speak to a professional today.
