What is the most common child custody arrangement in IL?
There are several arrangements that are more popular than others, including legal custody, physical custody, sole custody, joint legal custody, and sole legal custody. Of these, joint legal custody is the most common custody arrangement. This is where both parents are involved jointly in the decisions regarding how their child is raised.
If we were never married, do I still need a custody order in IL?
The answer to this question depends on your end goal. If you are seeking to establish any rights to the child, including custody, visitation, or child support, paternity does need to be confirmed. Most states hold that when a child is born out of wedlock, the mother has sole custody unless a court has held otherwise in an order.
How is child custody determined in IL?
In most most situations, when the parents of a child are able to agree on a child custody arrangement, the court will issue an order that confirms the terms of the agreement. When the parties are unable to reach an agreement on their own, they may have to attend mediation or arbitration to see if that helps. When all else fails, the court will hear the matter and issue an order under which the parties must abide. The court will consider testimony of the parties, any professionals either appointed by the court or hired by a party, the report of a court-appointed guardian charged with keeping the best interest of the child at the forefront, and other evidence when deciding child custody. The best interest of the child is always the criteria the court uses in these decisions.
Does custody primarily go to one parent in IL?
This is an incorrect assumption many people make. The answer is “no.” The truth is that courts often award other types of custody arrangements, such as joint physical custody, joint legal custody, or a combination of both. Some states do require a primary custodian, though, but that does not mean one parent gets full custody.
The courts always consider the evidence and the best interest of the child to be of paramount concern.
Do I need a child custody lawyer in IL?
Child custody laws are nuanced yet stringent. Mistakes are not affordable because the custody of your child is at stake.
In many cases, parents mutually agree on child custody arrangements, and so that makes the matter easier. In some of those cases, though, a parent may have felt compelled to agree, and so having a family law attorney advise you on what's fair (or not) is beneficial. In contentious situations, a child custody lawyer is highly recommended. It takes skills, knowledge, and a lot of perseverance to make sure the child custody arrangement approved or ordered by the court is fair and just and reflects what you had anticipated.
If you need help with a child custody case, contact Panos & Associates. We will advise you of your rights and guide you through the process. Contact us online or at 708-448-9400 to schedule a Consultation.