Families and the children within them are unique. There is no one-size-fits-all solution when it comes to child custody, which is referred to as parental responsibility under Illinois law. It is essential for both parents who want to craft their own agreement to understand what is in the best interests of their child, not their own conveniences. When you turn to the best Oak Brook child custody attorneys, you will receive help creating a parenting plan that works for you, your child’s other parent, and, most importantly, your child
Illinois law differentiates legal and physical custody. Legal custody involves the right to make crucial decisions about the child’s life, such as decisions related to education, religion, and medical care. Physical custody is where the child lives and whom they live with. The best Oak Brook child custody lawyers can help you understand both types of custody. One parent can have both legal and physical custody, or both parents could share both types of custody.
To make this determination, the judge will focus on what is in the best interests of the child. Illinois courts do not default to joint custody being in the best interests of the child. Their goal is to provide both parents with maximum involvement in the life of their child. If one parent has committed domestic violence, it is incredibly likely that both legal and physical custody will go to the other parent.
Whether the child’s parents crafted their own custody plans and had them approved by the judge or the judge created the order, custody orders are intended to be permanent. The courts do not want parents returning to court frequently to request a change to the orders. It’s generally not necessary and can tie up already busy family courts.
However, the courts acknowledge that there are circumstances that make a petition for a change of custody necessary. When this happens, you should let the best Oak Brook child custody attorneys handle your petition for modification. If your child’s other parent has requested the modification, you should also have an attorney on your side to represent your rights.
If two parents have a positive co-parenting relationship, they may be able to work out a new custody agreement with each other. The agreement can then be presented to the judge, who will approve the agreement if he determines it is fair and in the best interest of the child.
The parent filing the petition must establish that there has been a change of circumstances since the order or last modification was approved by the court. A change of circumstances is a change in the circumstances in the life of the child, the parent with the residential custody, or the parent without residential custody. Situations that might warrant a petition to modify custody orders include:
Don’t settle for a custody arrangement that ruins your family and drains your finances. At the Goodman Law Firm LLC, we can provide clarity to your custody matters and recommend specific strategies based on your circumstances. If you are ready to explore your legal options for child custody, contact us today to receive your child custody consultation with the best Oak Brook child custody attorneys.
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