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:
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