Child custody is often the most emotional and difficult issue to deal with in a divorce action. A number of decisions have to be made and incorporated in the Illinois court's final order, including, but not limited to, the following:
- Conservatorship (Joint Managing Conservator or Sole Managing and Possessory Conservator)
- Parental rights and duties concerning the children, such as who will make decisions related to education and invasive medical procedures, and if there will be a geographical restriction as to where the child/children may reside;
- Who will paychild support and how much; and
- When will each parent have possession and access of the child / children.
Absent an agreement by the parents, these issues must be presented to the court, and sometimes a trial by jury is necessary.
Illinois child custody cases between parents usually arise in three types of situations:
- Situations with unmarried parents who never formalized a family situation;
- Situations with married parents who are divorcing; or
- Situations where a pre-existing child custody order is modified.
Emotions understandably run high in child custody situations and such cases can get nasty and expensive. That is why it is best to speak to a professional at the onset. An experienced divorce attorney can help you work with the opposing party, and in court if necessary, to work out the best solution for your individual circumstances.
Basic information can always be found on the internet, but when you are planning to file for child custody, divorce or any other family law matter, make sure you have a skilled attorney on your side. Our Naperville, Illinois, divorce attorneys can provide you with legal help with over 30 years of experience. Contact our dedicated divorce and family law attorneys today