Child Custody and Visitation in Illinois

 Posted on April 30, 2012 in Family Law

Going through a divorce when you have young children can be one of the most difficult and most stressful decisions for a family to make, not only for the parents, but for the children. With the guidance of a caring and experienced divorce lawyer, you and your family can find the best resolution for your custody and visitation situation.

In Illinois, the court can order either sole physical custody, or joint physical custody. Sole physical custody means that one parent would have the power to choose the child’s residence, religious upbringing, and make health care decisions for the child. It does not mean that the other parent never sees the child; they can be granted visitation rights. Joint physical custody means that both parents are responsible for sharing important decisions in the child’s life, as well as sharing time spent with the child.

With the help of a compassionate child custody attorney, custody agreements can be made between parents during a divorce. If the court is involved, their decision is based on several factors which are set up to determine which arrangement would be in the best interest of the child. Some things the court will take into consideration are:

• The relationship between each parent and each child
• The relationships between siblings
• The child’s adjustment to changing homes, schools, and other activities in the community
• What the child wants
• What each parent wants
• Mental and physical health of any person in or close to the family
• Abuse, threats of violence or abuse

As long as it is safe for the child, the court will begin with the assumption that it is best for the child to have relationships with both parents and all siblings.

Visitation rights are determined if only one parent is granted physical custody rights, and include rules about all types of communication, including text messaging, video chats, phone calls, and physical visitation rights.

If you’re currently going through a divorce in Illinois and need help with your child custody and/or visitation rights, it is in your best interest to contact a caring, experienced divorce attorney who will listen to you and fight for what is best for you and your child. The attorneys at the Mevorah & Giglio Law Offices offer a free initial consultation, and are available to help you in northern and central Illinois, including Chicago-area and suburbs.