Child custody is often one of the most emotional and contentious issues that must be resolved in divorce proceedings. Sometimes it’s because parents passionately love and care for their children and can’t imagine being without them. They may be fearful for their well-being while they are apart. Other times, parents may use child custody as a way to manipulate their soon-to-be ex-spouse into something or to get under their skin simply. No matter the motivation or reasoning behind the other parent’s decision to make the child custody process difficult, our experienced and compassionate child custody lawyers in Tinley Park can help.
Illinois law divides child custody into two types – parental responsibilities and parenting time, which correlate with legal and physical/residential custody. Parental responsibility/legal custody means the authority to make significant decisions about a child’s life—for example, religious, academic, and healthcare decisions. Whereas parenting time/residential custody refers to whom the child lives or spends the most time with.
One crucial factor to note is that the parent who doesn’t have residential custody is typically the parent who will pay child support. Child custody can be a confusing issue, which is why so many parents turn to Child custody lawyers in Tinley Park to help them sort everything out.
Parental responsibility can be granted to one or both parents. If it is granted to both parents, the court will determine one parent the decision-maker if a decision can’t be negotiated. In some time-sensitive or emergency situations, the parent who isn’t the decision-maker or who doesn’t have legal custody may be able to make temporary decisions.
Keep in mind that the parent who doesn’t have legal custody is still entitled to their child’s:
The non-custodial parent is also still entitled to talk to the child’s teachers and doctors and go to the child’s activities.
Typically, parents will share parenting time, though one parent might have primary residential custody and the other will have visitation rights. The parent with visitation rights will have a set schedule and might get to have the child on some school nights, weekends, holidays, birthdays, summer vacations, and school breaks.
When determining parenting time of a child, the court will consider many factors, including the:
Usually, the parent who has been the child’s primary caregiver before the divorce will have an advantage in residential custody during a legal divorce proceeding. Speaking with knowledgeable child custody attorneys in Tinley Park who are familiar with local courts can provide you with a better idea about how the court will view your specific situation.
When you work with child custody lawyers in Tinley Park, you can be assured that your rights are represented. Our skilled attorneys have the resources and expertise necessary to fight for your rights to legal and physical custody of your child. They are also well-versed in the art of negotiation and will do everything they can to obtain the best outcome possible for you and your child. Contact Demetrios N. Dalmares & Associates today to schedule a no-obligation consultation and learn more about our services.