Working out child custody arrangements can be a sensitive matter for divorcing parents in Illinois, especially considering the fear of losing time with your children. How parents decide who will have custody of their children and how much parenting time they will share is one of the most difficult parts of any divorce case. At NextLevel Law, P.C. by Daniel R. Hernandez, Esq., we understand the significance of joint custody in ensuring a child’s well-being. We are here to help find solutions to these hard problems and provide guidance through the Illinois legal system.
What is the Right Balance for Parents Sharing Parenting Time?
Illinois courts commonly favor parenting plans that have shared parenting time (visitation) and parental responsibilities (custody) arrangements, enabling both parents to stay actively involved in their children’s lives.
It is ideal for parents to collaborate and reach an agreement that best suits their children’s interests. Unfortunately, this may not always be possible, especially when parental alienation becomes a concern. In such cases, Illinois courts can step in, outlining the powers, rights, and responsibilities of each parent regarding the child’s care. The agreement or order must specify details about major decisions like education, healthcare, and religious upbringing. Additionally, it should address when each child will spend time with each parent, how children will be moved back and forth between parents, and what parents should do if they disagree about something. The clearer a parenting plan is, the less chance there is for future conflict.
Should Parenting Time Always Be Equal?
While shared parental responsibilities does not necessarily imply equal parenting time, it can be highly beneficial for children to maximize the time they spend with both parents. However, the child’s best interests should be the most important consideration in setting up a custody arrangement. Illinois law determines a child’s best interests from a number of factors, including the wishes of the child and the parent, the impact on their school and community and the child’s needs.
When Can One Parent Get Full Custody in Illinois?
Though courts often lean towards shared decision-making authority, there are situations in which one parent may be granted full parental responsibilities. Cases in which one parent is granted full parental responsibility are generally those involving a parent who has a history of abuse, neglect, substance abuse, or imprisonment.
Are there legal protections for LGBTQ+ Families in Illinois?
Same-sex parents in Illinois can take comfort in knowing that state law provides strong protections for their families. The Illinois Parentage Act explicitly recognizes same-sex parents and mandates that courts treat them equally to heterosexual parents in all matters of child custody, visitation, and support. This means that, regardless of biological connection, both parents in a same-sex relationship have equal standing before the law when it comes to their children. Additionally, Illinois recognizes second-parent adoptions, allowing non-biological parents to secure their legal rights to their children.
While the law is clear on equal treatment, LGBTQ+ families may still encounter bias or prejudice in practice. To address this, it’s crucial to work with an attorney who has specific experience in LGBTQ+ family law. Such an attorney can help gather evidence of any discrimination, educate the court on relevant legal precedents, and ensure that your rights are fully protected. If you suspect bias, document all instances carefully.
In some same sex parenting cases it can be critical to establish clear legal agreements upfront regarding parental rights and responsibilities. Second-parent adoption can be a vital tool for non-biological parents to secure their legal relationship with their children.
In same-sex or non-biological parent custody disputes, courts will consider factors such as the child’s relationship with each parent, stability of home environment, and ability to co-parent effectively – all areas where LGBTQ+ parents can demonstrate their strengths. It’s also important to be prepared to educate the court on the specific needs and dynamics of your family with the help of a same-sex custody attorney.
Contact a Chicago Child Custody Attorney
We know of the importance of preserving a strong bond with your children, particularly following a divorce. At NextLevel Law, P.C. by Daniel R. Hernandez, Esq., our Chicago child custody attorneys are dedicated to providing legal services that are affordable for everyone. We provide affordable payment plans and compassionate representation. Call our attorneys at 312-530-8002 to get in touch with us. We serve parents throughout Chicago and all of Cook County and our attorneys are bilingual in English and Spanish.