Chicago Custody and Visitation Issues Lawyers
Child custody in Illinois includes two separate types of custody. Legal custody describes who makes important decisions on behalf of the child. Physical or residential custody describes who the child lives with. Both types of custody may be granted to both parents or only to one. In Illinois, a non-custodial parent has a right to "reasonable" visitation, based on the family’s individual situation.
When only one parent has physical custody, the parents or court may create a visitation plan to allow the non-custodial parent and the child to see one another. In most cases, a child should see his or her non-custodial parent as regularly as possible. This arrangement helps the child anticipate seeing the non-custodial parent. It also allows the child and non-custodial parent to keep developing an active relationship, giving children the support of both parents.
Setting up a visitation plan means considering several factors, and this process is not always easy. The child’s age, needs, and desires require serious consideration. Other things that will affect scheduling of visitation include the parents’ work schedules, the child’s school schedule, activities, and the scheduling of holidays. The relationship between the parents also has a profound impact on a visitation agreement. If the parents cannot agree on a visitation schedule, a formal negotiating process, or mediation a court appearance may be required.
A non-custodial parent may be unable to be alone with the child for any number of reasons. Illinois courts may restrict visitation if the visitation would seriously endanger the child’s physical, mental, or emotional health or impair his or her moral upbringing. Illinois courts focus on the child’s welfare while seeking to provide as much safe visitation time as possible. Supervised visitation time may be required in these cases.
Grandparents, great-grandparents, and siblings may also receive visitation time if the child’s non-custodial parent has moved out of the family home, is dead, or is missing, and if the visitation would be best for the child. Grandparents, great-grandparents, and siblings seeking visitation should also enlist the help of an experienced Illinois visitation attorney to ensure their wishes are addressed in court.
Finally, if the custodial parent wishes to move out of state, a Petition for Removal must be filed with the court. The non-custodial parent may wish to oppose the move. Whether you are seeking to move out of state or to prevent your child from being moved out of state, an experienced Chicago child custody attorney will establish in court the importance of your interests and the best situation for your individual child.
The emotionally charged nature of a divorce or custody proceedings may prevent parents from agreeing on a visitation arrangement for their child. In this case, an experienced Chicago visitation attorney will stand up for the interests of client/parent both in negotiations and in court. Nottage and Ward has focused solely on divorce law for over twenty years. Our attorneys have the experience to make sure that your rights and needs are heard during your divorce. To discuss your situation with an experienced Nottage and Ward visitation lawyer, schedule your initial consultation today.
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