Child custody (parental responsibility) and visitation (parenting time) are often a top concern for divorcing or divorced parents. Divorce can be stressful on parents and children alike and, at Erlich Law Office, LLC, our Elmhurst child custody (parental responsibility) lawyer seeks to resolve child support and visitation (parenting time) issues with minimal strain on the family.
If you are going through a divorce, or would like to make changes to an existing custody (parental responsibility) and visitation (parenting time) order, contact the DuPage County divorce and child custody (parental responsibility) attorney at Erlich Law Office to schedule a free consultation.
Child custody (parental responsibility) refers to whether one or both parents have the authority to make major decisions regarding the welfare of the child; it does not necessarily determine the parent with whom the child resides or how much time a parent spends with the child. If joint custody (shared responsibility) is granted, neither parent can unilaterally make major decisions regarding the child. The parent with whom the child primarily resides will be designated as the custodial parent; the other parent is the noncustodial parent.
Conversely, if sole custody (responsibility) is granted, that parent has the exclusive right to make major child-rearing decisions. Sole custody (responsibility) does not mean that the other parent forfeits visitation (parenting time) rights, however, and both parents are still allowed to make routine decisions when the child is in his or her care.
Under Illinois law, child custody (parental responsibility) and visitation (parenting time) rights are determined based on the “best interests of the child,” which requires an evaluation of all relevant factors, including:
The interaction and interrelationship of the child with his parent or parents, his siblings, and any other person who may significantly affect the child’s best interest;
The physical violence or threat of violence by the child’s potential custodian, whether directed against the child or directed against another person;
The occurrence of ongoing or repeated abuse, whether directed against the child or directed against another person; and
The willingness and ability of each parent to facilitate and encourage a close and continuing relationship between the other parent and the child.
At Erlich Law Office, our Elmhurst child custody (parental responsibility) attorney understands the desire for parents to protect their children and look out for their well-being. We also understand the interplay between child custody (parental responsibility) laws and child support laws, and our child custody (parental responsibility) and child support lawyer can help you navigate both issues so that you can provide for your children in the best possible way.