Share Your Experience

five star review
X
Blog
Lombard Office
630-426-0196
Chicago South Loop
312-528-3290

Lombard family law attorneyIf you are a parent who is in the midst of a divorce, you probably have many questions about the future. “Where will I live?” “Will I be able to make enough money?” “What will happen to my kids?” As you probably know, the laws regarding child custody have undergone substantial changes in the last few years. The changes were designed to reduce competitiveness and friction between divorcing or unmarried parents and to encourage cooperative parenting. But what if your former partner is uninterested in taking responsibility for your child? Or, what if it scares you to leave your children with him or her? Fortunately, it is still possible for you to seek an amended version of what used to be called “sole custody” of your child.

New Names for Legal Custody and Physical Custody

At the beginning of 2016, sweeping reforms to the Illinois Marriage and Dissolution of Marriage Act (IMDMA) took effect. The updates largely eliminated the term “child custody” and replaced it with the more nebulous phrase “allocation of parental responsibilities.” Under the amended law, parental responsibilities are divided into two primary areas. “Significant decision-making authority” replaced the previous concept of legal custody, and “parenting time” replaced the old idea of physical custody. Sole and joint custody were two different types of legal custody arrangements as they were established to clarify which parent or parents had the responsibility to make important decisions about the child’s life.

...

Lombard family law attorneysMost of us are familiar with at least the basic concept of child custody. In most instances, we realize that the phrase refers to making arrangements for raising a child or children following a divorce or breakup between the parents. While it is possible for non-parents to gain custody of a child, the vast majority of child custody disputes are between a child’s biological parents.

In 2016, sweeping reforms to the family law statutes in Illinois eliminated the official use of the phrase “child custody.” The amendments introduced new terminology that was intended to be less divisive and more cooperative. For many years, parents sought to “win” custody of their children, rather than working together to find the best possible parenting arrangement. Today, the legal concept of child custody in Illinois is known as the allocation of parental responsibilities.

Two Primary Components

...

DuPage County family law attorneyIf you are a parent and are unmarried, separated, or divorced, you probably already know that sharing parenting responsibilities is not always easy. When parents disagree about how their child should be raised, conflict can arise which is not in the best interest of the child. Incompatible parenting styles can create unnecessary tension and complication in your family. One of the best ways to avoid conflict when in a shared parenting scenario is to sit down with the other parent and create a parenting plan or parenting agreement. A parenting plan can clearly designate each parent’s role in making important decisions about the child’s life.

Significant Decision-Making

The term “significant decision-making” refers to “deciding issues of long-term importance in the life of a child.” The Illinois Marriage and Dissolution of Marriage Act outlines some decisions that are considered significant, including:

...

Lombard family law attorneysSince 2016, child custody has been formally known as the allocation of parental responsibilities in the state of Illinois. If you and your child’s other parent are involved in a dispute over how such responsibilities should be divided, you may have had several discussions with your child about the situation. In fact, your child may even very strong feelings about where he or she wants to live and how much time should be spent with each parent.

When you and the other parent cannot reach an agreement on your own, the court will be required to step in a make custody decisions for you. In doing so, the court will hear from both you and your former partner, but what about your child? Does he or she get the chance to be heard? The answer, in most cases, is yes, but the court is by no means obligated to give the child what he or she wants.

A Combination of Variables

...

Lombard family law attorneyIf you are a parent who is getting divorced or planning to, you are probably concerned about how you and your soon-to-be-ex-spouse will raise your children. If you plan on raising the kids together through a shared parenting scenario, you should know that there are some unique methods of co-parenting which have helped many families. These growing trends offer an alternative to traditional post-divorce living situations.

Nesting Arrangements

The majority of couples who get divorced end up living separately from each other. The most common living arrangement for parents who get divorced is for children to visit each parent at their home. Some experts find this arrangement to be especially burdensome on the children who are splitting their time between two homes. As an alternative, some parents are choosing to use what some call “the bird’s nest” strategy: The children live in one home and the parents take turns living there. For example, a parent may stay with the children one week in the “nest” home and then the other parent comes to stay with the children the following week. When the parents are not at the nest home, they are living in their own individual home. While many find this co-parenting strategy to be effective, it can also be quite expensive since it usually requires the couple to finance a third home for the children.

...
Illinois State Bar Association DuPage County Bar Association Northwest Suburban Bar Association American Inns of Court DuPage Association of Woman Lawyers National Association of Woman Business Owners Illinois Association Criminal Defense Lawyers DuPage County Criminal Defense Lawyers Association
Back to Top