Mount Prospect Child Custody Attorneys

Parents often disagree on how to raise their children. When the parents live separate and apart from one another, this can further complicate matters. Illinois law plays an important role in allocating each parent’s respective rights and responsibilities. SAM LAW OFFICE LLC can advise you if you are involved in such a scenario. Our Mount Prospect child custody attorneys can represent you in negotiating a parenting plan, representing your interests in court, and even enforcing an existing custody order or settlement.

Resolving Child Custody Disputes in Mount Prospect, Illinois

Whether parents are currently undergoing a divorce or were never married, to begin with, there are specific Illinois laws governing the determination of child custody arrangements. In fact, Illinois no longer uses the terms “child custody” or “visitation rights” in a formal legal context. Rather, the law now refers to the “allocation of parental responsibilities” and “parenting time” to describe these concepts.

The allocation of parental responsibilities covers which parent will make certain basic decisions regarding how the child will be raised. This includes:

• Where they will attend school;
• Who will be their healthcare providers;
• What religious instruction they will receive; and
• What extracurricular activities they will participate in.

Any of these parental responsibilities may be allocated to both parents acting together or just one parent. It is also possible to divide the responsibilities between the parents. Keep in mind allocation of these responsibilities is separate from the question of parenting time, which governs how much time each parent will spend caring for the child directly.

Indeed, even in cases where one parent assumes sole responsibility for making major decisions for the child, the other parent still retains basic rights to spend in-person time with the child. Illinois courts are required to protect such parenting time rights unless there is proof that a parent would seriously endanger a child’s physical, mental, or emotional health.

It is also important to note that there is no “standard” with respect to the allocation of parenting time. Illinois law expects that parents can come to an agreement on a parenting plan to divide time and responsibilities. Absent such an agreement, it is left to the court to determine what arrangements will be in the best interest of the child.

There is no single factor that determines what is in a child’s “best interest.” Some of the criteria a court will look at include:

• The stated wishes of the child if they are old enough to express them;
• The interaction between the child and other family members, including siblings and stepparents;
• The degree to which the parent has previously participated in making important decisions for the child;
• How far the parents live away from one another and the difficulty of transporting the child between two homes;
• Any history of domestic violence or threats of violence; and
• Each parent’s willingness to work with the other parent and encourage a healthy relationship between the child and the other parent.

Our Mount Prospect Child Custody Attorneys are Here to Help You

SAM LAW OFFICE LLC can advise you on a wide range of issues related to Illinois family law. So if you need to speak with a Mount Prospect child custody attorney about your own family’s legal situation, contact us today to schedule a confidential consultation. We represent clients throughout Elk Grove, Wheeling, and all of Cook County.