When determining how to handle issues related to child custody in the state of Illinois, parents are usually encouraged to attempt to share custody. Parents can work together to create a parenting plan that fully details all of the legal and physical custody decisions for the child. If they are unable to negotiate terms that they both agree with, then they may be required to participate in court-ordered mediation. In these situations, a certified mediator will help the parents communicate, negotiate, and attempt to find agreements that will work for both of them. 

If disagreements cannot be resolved through mediation, then the court will make the ultimate decision. These decisions will address both physical and legal custody. Legal custody, known as the allocation of parental responsibilities, determines how parents will make the major decisions in the child’s life. Physical custody, known as parenting time, will determine when children will spend time with each parent in their day-to-day life. When how legal and physical custody of a child will be divided between parents, the court will first and most importantly consider the best interest of the child. Several different factors will be considered when making these decisions. 

Legal Custody 

When the court is determining how parental responsibilities will be allocated between parents, the following factors will be considered: 

The term “parenting time” is described as the time a parent uses to look after their child after a divorc. It is recommended that both parents negotiate a parenting time agreement that is in the best interest of everyone. If they cannot agree, the court will be the one to determine what is best for the child. However, if there are safety concerns for the child spending time with one or both of their parents, then the court may order parenting time restrictions. In 2016 Illinois law changed making it more challenging to restrict parenting time. Illinois law defines a restriction of parenting time as; “any limitation or condition placed on parenting time” Illinois courts only order a parenting time restriction if unrestricted parenting time would “endanger the child’s physical, mental, moral, or emotional health.”

When Is Restricted Parenting Appropriate? 

The judge will be the ultimate decider regarding parenting restrictions. The parent who is seeking to restrict the other parent’s parenting time must be able to prove their concerns in court. Here are a few situations in which restricted parenting might be appropriate: 

• The parent has been convicted of a violent crime, especially if the crime was directed toward a child

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Establishing an agreeable parenting plan can be complex and contentious, especially if the divorce is acrimonious. Parenting plans include the allocation of parental responsibilities, which entails essential decision-making, like the child’s education and healthcare. Parenting time, formerly known as visitation, is also included in a parenting plan. The best interest of the child is always paramount under Illinois law. A child custody attorney adept at negotiation can help draft an agreeable, surefire parenting plan.

Parenting Plan under Illinois Law

From the divorce filing date, parents have 120 days to file a projected parenting plan with the court.  If the parents are unable to provide a tentative parenting plan, they may obtain an extension through court-ordered mediation.  When an agreeable parenting plan is not reached by the court-ordered date of extension, the judge may rule on the disputed elements of the parenting plan. The status of the parenting plan then transfers into an allocation of judgment. Once an agreeable parenting plan is established, that plan will be permanent and cannot be changed for two years except in rare cases.

Common Components to Include in a Parenting Plan

• Specify the allocation of each parent’s decision-making responsibilities.

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Under Illinois law, divorcing or separating parents of minor children are mandated to complete a court-approved parent education class. Even if the divorce is uncontested, parents are required to pay for and finish a parenting course. Sometimes parenting classes are court-ordered for parents accused of child abuse or neglect. These courses teach parents how to cope with frustrations, providing them with essential techniques to care for their children safely.  

What is a Parenting Class?

Parenting classes are educational courses intended to enhance family dynamics by promoting a positive and nurturing relationship between the divorcing or separating parents and the child. The many benefits of parenting classes include but are not limited to the following:

• Teaches parents vital skills to help with the child’s transition from traveling between a two-parent household to a single-parent one

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Child custody battles can be contentious, acrimonious, traumatic, and costly. A reliable child custody attorney can help with dispute resolution to facilitate an amicable outcome. However, when dispute resolution, like mediation, fails, the court may appoint a guardian ad litem (GAL), a child representative, or a custody evaluator to help determine what is in the child's best interests. These investigations can be intrusive, nerve-racking, and embarrassing, making some feel unfairly judged. A child custody attorney skilled in collaborative law can also help you prepare for the evaluations of court-appointed, third-party investigators. 

What is a Guardian Ad Litem, a Child Representative, and a Custody Evaluator?

Guardian ad litem (GAL) -- GALs, who are certified and trained through the Department of Children and Family Services, advocate and protect a child's best interest during custody battles. Working on behalf of a child, a GAL is typically court-appointed and can serve as a witness. After a thorough investigation, GALs provide recommendations to the judge. A GAL's fees are billed to the child's parents or guardians.

Child representative – As an attorney for the child and trained in child advocacy, a child representative is bound by attorney-client privilege and cannot be called as a witness. A child representative, like a GAL, advocates for the best interest of the child and serves as the child’s voice. After evaluating the case and interviewing the child, a child representative can file motions regarding parental responsibilities. The child’s parents or guardians also pay the child representative's legal fees.