Champaign Child Custody Attorney Crafts Workable Parenting Plans

Illinois law firm offers creative solutions for allocation of parental responsibilities

For a parent, there’s nothing more distressing than being separated from your young children. But, if you’ve decided to dissolve your marriage, a change in your children’s living situation is inevitable. At Rogers Law Office in Champaign, I sympathize deeply with parents who want to spend the maximum amount of time with their children. I work tirelessly to ensure that your rights as a parent and your children’s welfare are protected. In most cases, courts find that frequent and regular contact with both parents is beneficial to the children. In some cases, however, children must be protected from an abusive or neglectful parent. Whatever situation you are in, I am prepared to work for the allocation of parental responsibilities most favorable to you.

Understanding child custody in Illinois

Illinois family law uses the term allocation of parental responsibilities in place of custody and visitation. The main elements are:

• Significant decision-making responsibilities — What used to be called legal custody is the authority to make important decisions that affect the child’s health and welfare in the spheres of education, health, religion and extra-curricular activities.
• Primary parenting time — Formerly called physical custody, this refers to the time a child spends in the parent’s residence where that parent acts as the caretaker.
• Parenting time — Formerly called visitation, this refers to the time a child spends with a parent who is not providing the primary residence for the child.

The allocation of parental responsibilities is detailed in the parenting plan approved by the court. Allocation of primary parenting time can have a significant impact on child support payments.

How do Illinois courts determine child custody?

A court can order a shared allocation of parental responsibilities or award rights solely to one parent. The court considers many factors, including:

• The parent’s capacity to be a primary caregiver
• The parent’s ability to provide an appropriate residence for the child
• The parent’s availability to the child
• The parent’s level of previous involvement with the child
• The quality of the parent-child relationship
• The willingness of the parent to encourage a relationship between the child and the other parent
• Any history of substance abuse, neglect, abuse, violence, or anger issues

The court makes its decision on the basis of the best interest of the children.

Can Illinois child custody be modified?

A court order for child custody can be modified if a change would be in the best interests of the children. For example, if a custodial parent repeatedly refuses to make a child available for parenting time, a court could change the parenting plan, awarding primary parenting time to the other parent.

One issue that comes up often is relocation. If a parent with primary parenting time wants to move away with the child, and such a move would deprive the other parent of their rights, a court could modify the parenting plan so there is greater time sharing. Or the court could refuse to approve the move, if doing so would be in the best interest of the child.

Grandparent visitation rights in Illinois

Very often, following a divorce or the death of a parent, a child’s grandparents may feel they’re being pushed out of the child’s life. In Illinois, grandparents have a limited right to petition the court for parenting time. The court considers the existing relationship between child and grandparents and whether contact would be in the best interests of the child.

Contact a skilled Champaign attorney for child custody issues

Rogers Law Office in Champaign, Illinois provides determined representation in child custody disputes. Please call 217-318-0677 or contact me online to schedule a confidential consultation.