Determining which family member the children will live with when their parents separate or divorce is often the most difficult part of the process. This sensitive question needs a compassionate, qualified attorney to facilitate an outcome that is fair to the parents while centering on the best interests of the children. Chris has decades of experience helping families going through divorce make the best choices possible for their children’s well being.

The information below summarizes important points regarding how Illinois family law handles the various aspects of child custody. This can help you know what to expect as your attorney guides you through the child custody negotiation and litigation process.

Child Custody Concepts

These are key concepts you will encounter in the process for determination of child custody.

Legal Custody Versus Physical Custody

Illinois differentiates between legal and physical custody of children.

Legal Custody gives the parent control over important decisions, such as where the child goes to school, extracurriculars, religious upbringing, and healthcare. Legal custody can be split or awarded to one parent.

Physical Custody determines where the child will live. A parent with sole physical custody of a child is often referred to as the residential or custodial parent. Physical custody can be split or awarded to one parent.

Joint Custody may be awarded when the parents are capable of cooperating effectively to make decisions in their children’s best interests. This allows them to work together to make major decisions for the children, including education, extracurriculars, religion and healthcare.

Parental Responsibility

Parental responsibility was formerly called custody in Illinois law. It is the determination of which parent will make major decisions for the children, including education, extracurriculars, religion and healthcare. Allocation of parental responsibilities are based on what is in the child’s best interests.

Parenting Time

Parenting time is the schedule for which each parent has the children for weekdays, weekends, holidays and vacations. In Illinois, the preference is for children to spend time with both parents.

There is a common misconception that parenting time being assigned equally between the two parents is automatically the default schedule under Illinois family law. This is not true. Parenting time schedules are based on a variety of facts and factors.

Visitation was formerly understood as the time a child spends with the non-custodial parent when the other parent has sole or residential custody. However, the term visitation is no longer in use in Illinois family law.

Parenting Time is the current legal term that reflects the actual time a child spends with each parent. As with visitation schedules, parenting time arrangements can be fixed or flexible, and may be set by a judge or by agreement between the parents.

Child Support

Child support calculations are based on a variety of factors, including the number of children, the amount of time each parent spends with a child, and each parent’s proportion of overall income. Chris will examine your individual finances, and explain how the calculations are done in this process.

Child Custody Modification

When there is a substantial change in circumstances, a child is endangered, or a child’s legal status changes, child custody orders can be modified.