One of the most difficult decisions in a divorce is deciding who is granted custody over the children. If you and your spouse can reach a parenting plan outside of court, then things can remain comparatively less complicated. Oftentimes, however, a judgment must be passed within the courts to resolve the issue. There are many factors that are weighed when reaching the final decision. Having an experienced attorney in your corner is your best advantage when faced with the challenges of custody battles and divorce. 

Important Factors Courts Consider When Deciding Custody 

The Illinois Court system will typically attempt to settle for a shared custody plan for the spouses. As long as both parents can prove they have a stable home, the parenting plan will attempt to keep both parents in the children’s lives. The primary factors that the courts will look at when determining the custody can include:

• Health - The physical and mental health of the parents as well as the children will be assessed in the decision. If a parent is shown to be mentally unstable or physically unable to care for a child, then primary custody will sway towards the other spouse. Additionally, the health of the children is highly considered. Keeping up with the welfare of the children is pivotal for the judge’s decision.

• Wishes of the Children - Based on the age and mental maturity of the children, the judge will consider the child's wishes. If a child heavily favors one parent, the custody decision could sway toward a said spouse. This will not be taken without a grain of salt, of course. If the child is still very young and could be easily influenced to speak highly of one parent unfairly, the court will do its best to remain impartial. 

• Location - If one of the parents has remained in the same home the child has been living in, or another home that will keep them in the same school district, the courts will consider this heavily. Maintaining a sense of regularity and stability for the child can help them through this difficult period of change. 

• Cooperation of Parents - The parents’ relationship and ability to cooperate will also play into how custody is handled. Ideally, both parents can do what is determined as best for their child. The reality may not be as simple and the feelings toward the former spouse may interfere with a parent’s parenting ability.

Illinois Courts hope to keep both parents in a child’s life, but if a parent is deemed unfit, unable, or shown to have instances of abuse or neglect, a sole parent could be given custody. 

Once an Illinois couple with minor children decides to file for a divorce, one parent usually moves out of the marital home. Sometimes this relocation is local, but other times it may make sense to move further away, especially if there is a job change or a parent wants help with the children from their extended family. But while parents can move anywhere with their children while they are married, they are far more restricted about where they can go during and after divorce. If you are getting divorced in Illinois and want to move with your child, seek help from an experienced family law attorney.

Relocating During Divorce

Parents in Illinois who have a majority of parenting time can ask to relocate with their minor child after a divorce is over and a parenting agreement has been created. But until a divorce is finalized, neither parent has majority parenting time. This means parents cannot move away from their address at the time of divorce with a child without a judge deciding such a move would be in the child’s best interests.

Relocating After Divorce

Once a divorce has been finalized, parents living in the following counties must get permission before moving more than 25 miles from their current residence:

Parents who have busy schedules or frequent changes in schedule may wish to slightly modify their parenting agreement on an ad-hoc basis. If one parent has to work late, he or she may ask the other parent to keep the children for an extra night and take them to school the next morning. Likewise, if extended family comes into town one weekend, parents may agree to switch weekends on a one-time basis so the children can visit with their cousins or aunts and uncles.

As long as both parents agree to make minor changes from time to time, there usually is not a problem. However, frequent or repeated differences in parenting time can put parents at risk because unless a change in the parenting plan has been approved by an Illinois court, it is not legally binding and may even be unlawful.

Risks of Modifying a Parenting Plan Without Court Approval

Parents who struggle to communicate without conflict are at most risk of failing to make minor tweaks and adjustments in their plan from time to time. If you have a spouse who is litigious or who is willing to use the children to rehash old resentment, it is best to adhere strictly to your court-ordered parenting agreement. Failure to do so can result in a spouse who lodges a complaint with a court asking the court to require you to follow the order.

Summer is right around the corner and for many families that mean filling the calendar up with vacations, day trips, family outings, and other fun activities. For divorced families, however, summer can also cause stress and strife between co-parents who are trying to make their summer plans with their children included, however, there are steps that they can take to help ensure a fun and no-stress summer for everyone.

Parenting Time Agreement

Spring is a good time to look over the parenting agreement that the court approved when custody was determined. Check and see if the agreement requires each of you to give the other a certain amount of notice when it comes to vacations and/or other events. If you do have plans which go beyond the boundaries set in the agreement, consult with the other parent before going ahead and finalizing those plans.

There have been a number of changes made to Illinois family law that went into effect January 2016. The reasoning behind these changes dates back to spring of 2015 when the Illinois state legislature passed a measure that looked to update the Illinois Marriage and Dissolution of Marriage Act (IMDMA) on multiple areas of focus. After Senate Bill 57 was signed by the governor in August 2015 adjustments to the laws were expected to begin at the start of 2016. Whether you are going through a divorce, just went through one, or are considering having a divorce, these key revisions to Illinois family can change the way you have been parenting based on the previous laws of 2015.

Child Custody Then vs. Now

Last year at this time, Illinois law provided two options for parenting situations. Divorced or separated parents had the option of either sole custody or joint custody. Sole custody was when one parent would be granted the authority for important decision-making regarding their child, while joint custody meant that both parents would have to share responsibilities. At the beginning of 2016, the law went into place that states that parents must work together in raising their child and each parent’s rights will be fully respected and protected.