A Child Custody Plan That Works for Both the Parents and Kids
When you get a divorce, ending your relationship with your spouse doesn’t affect only you — it also affects your children. As much as you and your ex-spouse may both want to live with your children until they become adults and move out, it isn’t possible. This means that as part of your divorce, you need to create a child custody plan that works for you and your children. There are a lot of factors to consider when making custody plans, and an experienced lawyer can help make it more likely that you will select a plan that continues to work as your children grow.
Co-Parenting
Co-parenting, while a popular trend among divorcing couples, is a parenting arrangement that is often found to be impossible and impractical. In theory, mutual respect and a desire to protect the well-being of the children seem like enough to produce long-term cooperation, but it may not be. Even when parents are amicable and committed to peacefully navigating their post-divorce life, it is wise first to have the foundation of a workable, practical child custody order.
Furthermore, co-parenting is typically a type of shared custody. Unfortunately, this type of custody no longer appears in Illinois child custody laws. This doesn’t mean an Illinois court won’t approve this arrangement if both parents are amenable. It just means there is a greater challenge to creating a co-parenting child custody plan . . . and that is just the legal challenge. The other challenge is that divorced couples often can’t show the type of cooperation that is necessary to successfully co-parent. It requires regular communication between two individuals who found it impossible to continue to live together and remain in a committed relationship. Typically, the issues that ended the marriage will also make co-parenting unviable.
Joint Custody
Joint custody is similar to co-parenting. However, it is more structured. Under this custody arrangement, each parent has significant decision-making authority and parenting time. However, unlike co-parenting, this authority and parenting time is heavily structured. For example, your children might live with you throughout the week and with your ex-spouse on weekends. Alternatively, if your spouse lives far away, you may have primary custody during the school year and your children may live with your ex-spouse during the summer and some major holidays.
When your children live with each parent is explicitly spelled out, though the custody arrangement probably also includes methods of making one-time adjustments as needed. The structure means that the arrangement can easily be enforced by the courts if either party egregiously violates it. It also dictates who makes the final parenting decision in specific cases. For example, you might have final authority over healthcare decisions.
Are you getting divorced in Illinois? Do you have children? Don’t make your children suffer because of your choices. Contact Wolfe & Stec Ltd. at 630-305-0222 to create a child custody plan that works for everyone.
Sole Custody
Typically, the courts don’t authorize sole custody. This is because sole custody gives one parent sole decision-making authority and allows them to be the only one entitled to parenting time. The courts will usually try to ensure that children and parents maintain a relationship, at least until the children reach adulthood. Sole custody doesn’t provide this opportunity.
If a court authorizes a sole custody arrangement, it is usually because one of the parents is unfit to take care of their children. A sole custody arrangement may be ordered when a parent . . .
- Is in jail or prison
- Has previously abused their children
- Has no income
- Cannot safely care for their children due to disability
- Lives in another country.
Unless the parent has previously abused their children, the court will often give parents in these situations some limited custody and visitation rights.
Challenging a Parental Custody Order
Once parental responsibilities have been assigned, both parents are expected to respect the arrangement. The court weighs the interests of the children and the parents when assigning these responsibilities. However, just because assigned responsibilities may work for everyone when they are decided, that doesn’t mean they will forever be the right choice.
As your children get older, their needs are likely to change. They will engage in new activities and go to new schools. Similarly, your life situation may change meaningfully over the years. You could move to a new town, state, or country. Your income may increase or decrease drastically. All of these things mean that the child custody plan may stop working for you, your ex-spouse, your children, or even all of you. When you determine that the plan isn’t working, you can’t just ignore it. That puts you at odds with the law. Even if everyone agrees to changes, it is better to challenge the arrangement in court than to ignore it.
Judges understand that circumstances change, and they will make changes to an arrangement if appropriate. If both parents and all children agree to the changes, modifying an arrangement is simple. You just need to go before a judge and tell them what changes you want and why. Unless there is a significant legal reason to oppose what you are suggesting, they will approve the changes.
When parents don’t agree, the judge will act as an arbiter. They may not make all the changes you are requesting, but they will take your side of the issue into account. It is likely that you will get at least some of what you are requesting.
Contact Wolfe & Stec Ltd. for Help With Child Custody Plans in Illinois
Just because you are divorced, that doesn’t mean you are divorcing your children. You, your children, and your ex-spouse deserve a child custody plan that works for everyone.
Need help creating, enforcing, or contesting a child custody plan in Illinois? Contact our law firm at 630-305-0222 to discuss your case with a family law attorney.
