Chicago Joint Custody Lawyers
Joint custody allows both parents to maintain the power to make important decisions for their child. Illinois divorce law gives parents joint custody by default, unless the court determines that, "for good reason," only one parent should have custody. The parents may have joint custody even if the child lives full-time with only one parent.
Joint custody may be the best option for your family if you and your spouse can discuss important decisions about your child and come to agreements. For instance, a custodial parent may have to make decisions about where the child will go to school, what type of medical care he or she will receive, and other educational decisions, what type of medical care he or she will receive, decisions regarding the child’s religious upbringing. There may, however, be reasons that you and your spouse cannot work together. If this is the case, you or your spouse may decide that one of you should have sole custody of your child.
Illinois law requires judges to consider several factors when deciding if joint custody is right for a particular family. These factors include the wishes of the parents and the child, how the child gets along with the parents and any siblings, whether the child will be uprooted from his or her school and community, and the risk of violence or abuse in each parent’s home. The most important factor is each parent’s willingness and ability to support the child’s relationship with the other parent.
Under Illinois law, the court must presume that the best thing for the child is to see both parents as much as possible. Whether joint custody or sole custody is the arrangement, the court will attempt to set up parenting time or visitation so that the child has the most possible access to both parents. This access will only be restricted if being with one of the parents might cause serious danger to the child’s physical, mental, emotional, or moral well-being.
If one parent’s violent or abusive behavior endangers a child, the other parent may file for an Emergency Order of Protection. The order keeps the child away from the dangerous parent until safeguarding can be put in place by the court. Unfortunately, some parents use the Emergency Order of Protection to make it look as though the other parent is dangerous, believing this will make the judge award sole custody to the filing parent. Whether you need an Emergency Order of Protection to safeguard your child or you need to fight an Emergency Order of Protection that was filed improperly, an experienced Illinois order of protection lawyer will establish the facts and protect your rights and interests in court.
In any child custody dispute, it is important to keep the lines of communication open as much as possible. Negotiating custody with your spouse usually produces the agreement both spouses prefer. The Chicago custody lawyers at Nottage and Ward are experienced negotiators with twenty years of experience in divorce law, including custody. We will stand firm on your side to help you reach the custody agreement you and your child need, whether in negotiation or in court. Contact Nottage and Ward today to schedule an initial consultation and learn whether our representation is right for your needs.
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