Often, the first thing that comes to a parent’s mind when faced with the prospect of an Illinois divorce is what the custody arrangements will look like. Unfortunately, child custody tends to be one of the most contentious aspects of divorce, making it difficult to achieve a parenting plan that everyone can feel good about. In this blog, we want to answer some common questions about how the custody process works in Illinois. Keep in mind that this is not legal advice and that the best place to get your questions answered is in a consultation with an Illinois divorce attorney.
Does a Mother Automatically Get Custody in Illinois?
The first thing to understand about child custody in Illinois is that it is divided into two areas: Parental responsibilities, which is the authority to make important decisions on behalf of a child, and parenting time, which is the right to spend time with a child. Neither parent has an automatic right to all parental responsibilities and parenting time; instead, every case begins with the presumption that a child benefits most when both parents are involved in her life. Based on the parents’ preferences, schedules, and the best interests of the child, adjustments are made so a parenting plan can be created.
Do Illinois Courts Decide Custody Cases?
The vast majority of Illinois divorces are settled outside of court. If a couple cannot create a satisfactory negotiation on all issues in divorce (not just child custody, but property division, alimony, and child support as well), a judge may order the couple to seek mediation. If mediation fails, a court can help decide any issues that were not resolved by a couple.
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