When it comes to parenting time divisions, most parents agree that these orders should be in the best interests of the children. However, many parents disagree as to the specifics. So, Illinois law sets forth a number of factors to consider. For the most part, these factors have roughly equal weight.
Rolling Meadows family law attorneys must be mindful of these factors both in court hearings and settlement negotiations. Evidence and arguments which directly relate to one or more factors often resonate well with the judge. Additionally, most Cook County family law judges will not approve marital settlement agreements, which do not reflect the factors listed in key provisions of the Illinois Marriage and Dissolution of Marriage Statutes.
For the most part, Illinois family law has done away with the old “custodial” and “non-custodial” designations. The law does not expect ex-spouses to be friends, but it does expect more than civil behavior. Each parent must actively work to foster a relationship between the child and the other parent.
Parents who hire “bulldog” lawyers may actually do themselves a disservice. Many judges assume that if the parent was confrontational during court proceedings, the parent will be confrontational in everyday life. That stance is not good co-parenting.
As mentioned, most of these factors are rather equal. But in many cases, verified allegations of domestic abuse may be a deal breaker. Parents who have a history of physical, mental, verbal, or other abuse almost never become residential parents. In fact, they often receive limited visitation privileges.
In many cases, time heals all wounds. That is only partially true regarding this factor. If a parent had a prior history of abuse in another relationship, the consequences might not be as severe, but equal co-parenting may be difficult to obtain.
Most relationships feature a “caregiver” spouse and a “breadwinner” spouse. Frequently, these roles overlap, but there is still some distinction. Many parents prefer to maintain these roles, especially caregiver and non-caregiver roles, following the divorce.
Parents do not always express these wishes directly. They may also do so indirectly. For example, if Father took little interest in school plays and other events, Father may have a hard time convincing a judge he truly wants to be a residential custodian.
Some children are closer to their mothers, and some are closer to their fathers. Similarly, many children feel close bonds with their siblings and step-siblings. In other situations, that is not the case.
These bonds often change over time. So, this factor may be more prevalent in subsequent modifications that in original determinations.
This factor is not higher on the list because many children do not express such preferences. Rather understandably, they do not want to choose one parent over another one. Furthermore, even if the child expresses a preference, the judge still has the final say.
Illinois law is rather broad in this area, in terms of the child’s age. Normally, a judge may take a 9-year-old’s preference into consideration but ignore the wishes of a 17-year-old, depending on the facts and circumstances.
Typically, Cook County family law judges like to maintain consistency. So, if the child is doing relatively well in the current environment, it is usually a good idea not to change it, even if there are problems. There is an old saying that the devil you know is better than the devil you do not know.
For this reason, the temporary hearing, which occurs a couple of weeks after the petitioner files for divorce, is very important. The temporary residential custodian often becomes the permanent residential custodian.
Some adults have physical, mental, or other disabilities that interfere with parenting responsibilities. On a related note, some children have special needs that only one parent has the tools to address properly.
Once again, this factor is often significant in modifications. Disabilities often come and go, especially if they are related to substance addiction. If one parent overcomes a disability or develops such a condition, the parenting time division may need to be amended.
Child custody factors are important in both initial determinations and subsequent modifications. For a free consultation with an experienced family law attorney in Rolling Meadows, contact the Andrea Heckman Law Convenient payment plans are available.
Walked in just for consultation, and in less than 45 days, my case was closed! Thanks to attorney Andrea Heckman, with all her passion and professional manner! Couldn’t be happier! Thank you so much for everything! Great attorney for all family needs! Thank you.
From the moment I walked in as a client to the end when everything was complete, I was very pleased with attorney Andrea Heckman, her knowledge, and professionalism! Her whole staff was always helpful. I would use them again if needed and refer them to everyone I know! Thank you.
Andrea Heckman has been my attorney helping/guiding/advocating for my children and I regarding my custody situation. We are in the process of working towards a more equal parenting schedule, and I have faith in her efforts and expertise to accomplish this.
I have used this office since 2018 and have nothing but excellent things to say. Andrea Heckman handled my divorce with no faults. Andrea is currently handling my child custody case and has been on top of everything! Andrea Heckman is an unstoppable force, and I would recommend her to anyone!
I could not ask for a better attorney to represent me during my case which is Andrea Heckman. Anytime I had any questions, I got a response in a timely manner. Andrea walked me through a very difficult time which was a divorce/child custody case. Andrea is very knowledgeable and motivating. The staff has been nothing but welcoming and professional. If I have to go to court for anything, I will definitely be giving this firm a call again.
Heckman Law is handling my divorce/custody. Andrea is very professional, knowledgeable, and responsive. She will take the time to answer and explain any questions you may have. She usually responds within a few hours. Honest about possible outcomes, whether it’s good or bad news. My ex doesn’t want to negotiate or cooperate with anything. Andrea is willing to fight in the courtroom for you. The case is ongoing.
I was represented by Andrea Heckman, and if it wasn’t for her, I would have been so lost. She guided me through my difficult situation. Some lawyers are about money. I knew that Andrea cared about me and my situation.
Ms. Heckman is a great lawyer. She helped me get time with my daughter when my ex was being nasty and refusing to let me see my baby. I thank her for all her hard work.
Ms. Heckman managed our parents’ will and advanced care planning documents expeditiously, skillfully, and with compassion during a stressful situation. We referred her to a family member for divorce with child custody issues, and she was pleased enough to refer her to 2 others for divorce services. A true professional.
Please contact our law office in Rolling Meadows for legal assistance with divorce, child custody, or visitation issues. We serve clients in the Chicago metropolitan area who need the help of an experienced and dedicated family law attorney.