Illinois Custody and Visitation

There is nothing more important in a divorce proceeding than maintaining a relationships between parents and children. While it is best for parents to reach a mutually acceptable agreement regarding custody and visitation, courts will enter orders regarding these issues if the parties cannot agree. Consultation with an experienced custody and visitation attorney at our law firm can often help resolve issues of conflict.

Custody Basics

The custodial parent is usually responsible for directing the daily care of the child. When parents have joint custody they are both responsible for major decisions in the child's life such as education, religion, and healthcare issues.

Courts usually encourage both parents to remain active and involved in raising their children even after a divorce. Custody orders can take many different forms.

Courts can order that one parent have sole custody of the children. This means that parent is responsible for both the day-to-day decisions regarding child care and the major decisions such as education, healthcare, and religious issues. The non-custodial parent is usually still entitled to visitation with the children.

Joint custody can also be ordered. When joint custody is ordered parents share decision-making responsibility for the children even if the children reside with one parent a greater percentage of time than the other parent,

Split custody is less common and results in each parent taking custody of one or more children.

Shared parenting occurs when the children spend an equal amount of time with each parent and the parents share both legal and physical custody. This type of arrangement is not common but can occur with parents who are able to work together in raising their children.

Determination of Custody and Visitation

It is always best if parents can reach an agreement regarding custody and visitation issues. Such an agreement makes it easier to comply with the orders that are entered. However, when parents cannot come to an agreement the court will enter an order regarding custody and visitation.

Usually the court will begin by entering a temporary orders that apply while the divorce is pending. These orders often get entered shortly after the initial divorce proceedings are filed and continue until final orders can be entered.

Courts can also order parents to mediation. During mediation parents meet with a neutral person in an attempt to resolve their differences and reach an agreement. Parents can also include a provision in the divorce orders requiring that any future custody or visitation disputes be resolved through mediation.

If parents are unable to reach an agreement regarding custody courts will often order that a custody evaluation take place. This means that an independent expert will conduct an evaluation of the parents and children and make recommendations to the court regarding custody and visitation.

If child custody issues require a trial the court will enter orders it believes are in the best interest of the children. Factors that courts may consider in entering such orders include the age of the children, the children's preference, which parent has been the primary caregiver, the physical and mental health of the parents, or any other relevant issue the court deems important.

Modification of Custody and Visitation

Once a permanent custody and visitation issues have been resolved certain procedures must be followed to change such orders. Change of custody and visitation can occur through mediation or through court order. However, in many instances the parent petitioning for a change must show a substantial change in circumstances. In most situations the court will only consider changing a custody or visitation order after a certain number of years unless the health or safety of the child is at issue.

Contact a skilled and compassionate DuPage County Custody and Visitation lawyer at Mirabella, Kincaid, Frederick & Mirabella.