When children live with their mother and father together in the same house, both parents are responsible for caring for those children. They have physical and legal custody of the kids. However, there are situations in which the parents split up and custody has to be decided either by agreement of the parents or by the court.
Child custody issues often arise when the parents divorce. Oftentimes, one parent wants full custody and is unwilling to negotiate custody with the other parent. This can lead to contentious custody battles that affect the relationships between the parents and the children.
Child custody issues often require legal help. Contact Forst Law Offices to resolve your child custody battle. Child custody lawyer Richard J. Forst can come up with creative solutions.
Physical vs. Legal Custody
Information about child custody in Illinois can be found under 750 ILCS 5/, Illinois Marriage and Dissolution of Marriage Act. These laws help eliminate child custody battles by removing references to visitation and custody and instead using the phrase “allocation of parenting time and responsibility.” Child custody is no longer a black-and-white issue. Instead of deciding on a custodial parent, there is now a spectrum of custody arrangements to meet the needs of parents.
There are two main types of child custody in Illinois. There is legal custody, which means that the parent has the right to make major decisions about child-rearing, such as deciding on schooling and medical care. Physical custody refers to the parent with whom the child lives. For either type of custody, there are options of sole or joint custody. In sole custody, only one parent has custody of the child. In joint custody, both parents share custody of the child.
If the parents can not agree on a solution for them both to spend time with the child, the courts will make decisions about child custody based on the best interests of the child. For the most part, the courts will choose joint custody, since it is typically better for the child to have relationships with both parents. However, if there are situations in which it would not be beneficial for the child to stay with one parent, then the judge might consider sole custody. Examples would be abuse, neglect, substance abuse, and incarceration. If the child is older than 14, he or she can also state a preference for which parent should have physical custody.
Get Help From an Illinois Child Custody Lawyer Today
Divorces are especially complex when minor children are involved. Since both parents typically want to spend time with their children, there are often huge custody battles. Even though Illinois has updated its laws in recent years, mothers and fathers still fight over custody when ending their relationship.
If you are in this situation, contact Orland Hills child custody lawyer Richard J. Forst from Forst Law Offices. He has more than 20 years of experience helping Illinois residents with child custody and other family law matters. Schedule a free consultation by filling out the online form or calling his Orland Hills office at (708) 873-1623.
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