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It's natural for parents to want to maintain a level of consistency and care for their child following their divorce. Often, parents are able to agree on how to do this during the divorce process, but when they cannot, it will be up to the court to assess the family's circumstances and decide on the allocation of parental responsibility.
At Kogut & Wilson, L.L.C., we understand that for many couples, child custody takes priority over all other elements of their divorce. These clients want to continue to nurture their relationship with their child and provide for their upbringing. Our dedicated and diligent Chicago divorce lawyers are well-versed in how our courts navigate these matters and how to ensure that our clients' concerns and goals are emphatically heard by the judge.
We're ready to partner with you for this critical part of your divorce. Contact our team at (312) 313-1533 to start the process.
Understanding Child Custody
It's important for parents to understand that there are essentially two forms of child custody that every family must have. The first of these is physical custody. A child's primary residential custodian is responsible for housing the child and attending to their day-to-day needs. It is also common now for the court to award shared residential custody when possible, where the child splits their time between both parents' residences.
The second form of custody concerns parental influence over the child's upbringing. For instance, joint custody gives both parents domain over the child's education, health care, religious upbringing, and other critical factors. In joint custody, parents are expected to continue to consult and collaborate with each other when it comes to decisions about the child. Conversely, sole custody places this parental influence with a single parent.
Just some of the factors considered in the allocation of parental responsibility include:
- The parents' wishes
- The child's relationship with each parent
- Each parent's ability to provide for the child
- The parents' ability to encourage the child's relationship with the other parent
- The child's ties to their current community
- The child's access to other family members
- The child's wishes (if they are old enough)
- Any health or domestic violence concerns
Establishing an Agreement
In many cases, parents will have the opportunity to come to their own child custody agreement via mediation and submit their proposal to the court for approval. The courts want to see parents work together on these agreements and continue to work together for the sake of the children post-divorce.
If an agreement cannot be reached, attorneys will have to submit their clients' arguments to the court. Our team is well-versed in both these procedures and is ready to assuredly pursue a child custody arrangement that safeguards your role in your child's life.
Ready to discuss your child custody concerns? Use our online form to request a free initial case evaluation today.