When making decisions about child custody, Illinois courts will always prioritize the best interests of the child. When determining parental responsibilities and parental time, it is necessary to consider the following:
- Decision-making: Deciding whether both parents will share the responsibility of making significant decisions regarding the child’s upbringing. A parent may have to decide where the child will attend school, what medical treatments the child will receive, and whether the child will be raised to follow a certain religion.
- Parenting time: Deciding how much time each parent will spend with the child in person. Several factors may impact parenting time awarded in Illinois, including the child’s needs, the parents’ work schedules, and each parent’s ability to care for the child.
Drafting parenting agreements
If parents can agree on custody and parenting time, they can draft a parenting agreement to present to the court for approval. A parenting agreement should include:
- Scheduling: Details on how time will be shared (weekdays, weekends, and holidays/vacations).
- Decision-making: How decisions will be made.
- Resolving conflict: How disputes will be resolved (e.g., through mediation).
- Modifications: How the plan will be modified if circumstances change (e.g., a parent gets a new job).
If parents cannot agree on the terms of their parenting plan, the court will step in to create a plan based on the facts and evidence presented by each parent. The court’s plan will then become an order that both parents will be legally required to follow.
Child custody is one of the most challenging parts of a divorce or separation, and the challenges can continue long after the paperwork is all complete for the other parts of the process. However, the process can be made easier if parents can put their personal feelings aside and focus on doing what is best for the child.