Child custody decisions are often one of the most important parts of a divorce or separation. If you are looking for a Chicago, IL divorce lawyer to help you understand Illinois child custody laws and how to prepare for this part of your separation or divorce, we are here to help. At Merel Family Law, we bring practical guidance backed by real experience. Our team has over 221 years of combined experience helping people with child custody and support, divorce, and other family law matters. Since 2009, when our firm was founded by locally and nationally recognized attorney Jonathan Merel, we’ve worked with clients to help protect their rights and their relationships with their children.
Types Of Custody In Illinois
Illinois uses the terms “parental responsibilities” and “parenting time” rather than “legal” and “physical” custody. Parental responsibilities refer to decision-making authority in areas such as education, health care, religion, and extracurricular activities. Parenting time refers to the actual schedule of when each parent follows with the child.
Parents can share these responsibilities, or one parent can be given the authority alone. The same applies to parenting time—it may be shared equally or structured based on the child’s best interests.
How Courts Decide Custody
Courts in Chicago and throughout Illinois focus on the best interests of the child when deciding custody matters. Several factors are considered, including:
- The child’s relationship with each parent
- Each parent’s involvement in past caregiving
- The child’s adjustment to school and home life
- The mental and physical health of all parties
- The willingness of each parent to support the child’s relationship with the other parent
Depending on the age and overall maturity of the child or children involved, the court may ask for their input and preferences.
Importance Of A Parenting Plan
In Illinois, parents are required to submit a parenting plan to the court within 120 days of filing a petition for allocation of parental responsibilities. This document outlines how responsibilities and parenting time will be handled. If both parents agree, they can submit a joint plan. If they don’t agree, each parent submits their own version, and the court will decide.
The parenting plan should be detailed. It should address weekly schedules, holidays, school breaks, transportation, communication rules, and decision-making roles. A clear plan helps reduce confusion and conflict later on.
Modifying A Custody Agreement
Child custody arrangements can be changed, but only under certain conditions. To request a change, one or both parents must show that there’s been a significant change in circumstances affecting the child. Courts do not approve modifications lightly, especially if the current arrangement is working well for the child.
In most cases, parents must wait two years before seeking a change in decision-making responsibilities unless the child is at risk. In some cases, such as when one parent has alcohol or substance abuse problems that may compromise the safety, health, or well-being of the child, the courts may consider modifying custody agreements prior to the two year mark.
Working With Legal Support
Child custody laws in Chicago are designed to protect the child’s well-being. That said, custody issues can become difficult when there’s conflict or disagreement. At Merel Family Law, we help clients approach custody matters with a focus on practical results and clear communication. Whether you’re creating a parenting plan or seeking to adjust an existing one, we’re here to help. Contact us today to schedule a consultation.
