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Komie and Associates

Chicago Child Issues in Divorce Attorney

Springfield Divorce Child Issues Lawyer

Law Firm Assisting Clients With Child Custody and Parenting Time

During divorce, matters relating to a couple's children can be especially contentious. In modern marriages, both parents often work and share parental duties, which means that they both have a stake in custody arrangements following divorce. To make things more complicated, the parent who does not have primary custody will likely be required to pay child support to the other parent, which means that custody decisions will have a major effect on both parents' finances for years to come.

When divorce judges make decisions about child issues, their primary goal is to protect the children's best interests. This means that you need an attorney who can demonstrate that you are the parent who is able to meet those best interests while protecting your rights throughout the divorce process. Attorney Stephen M. Komie has extensive experience handling a wide variety of child issues, including serving as a delegate to the Hague International Convention on Child Abduction. With this unique perspective, he is able to provide legal representation in cases that range from common divorce disputes to complex situations involving child abduction.

Allocation of Parental Responsibility

In Illinois, child custody is known as the allocation of parental responsibility. Rather than using terms like "sole custody" or "joint custody," courts will determine whether one parent will have primary decision-making responsibility or parents will equally share responsibility in four areas:

  • Education,
  • Healthcare,
  • Religion, and
  • Extracurricular activities.

When making decisions about how to allocate these parental responsibilities, judges will consider a number of factors, including the wishes and needs of the children and both parents, the physical and mental health of all parties, each parent's level of participation in their children's lives, and parents' ability to work together when raising their children.

Parenting Time

Rather than awarding primary custody to one parent and granting a certain amount of visitation time to the other parent, Illinois courts will divide parenting time between parents according to what is in the best interests of the child. Unless there is evidence that children would be in danger of physical, mental, or emotional harm during one parent's parenting time, it is presumed that both parents are fit, and no restrictions should be placed on either parent's parenting time.

As with the allocation of parental responsibility, judges will consider a number of factors when determining the amount of parenting time with each parent that is in the best interests of children. These factors include the needs and wishes of the children and the parents and the amount of time each parent spent taking care of their children in the 24 months before the petition for divorce was filed.

Child Relocation

When a parent who has the majority of parenting time with their children wishes to move a significant distance, the court will need to determine whether that move is in the children's best interests. Parents who live in Cook, DuPage, Kane, Lake, McHenry, or Will County or parents who are moving out of the state of Illinois will need to get the court's approval if they wish to move more than 25 miles from their current residence, and parents who live in any other Illinois counties will need approval for moves of over 50 miles.

Contact an Experienced Divorce Lawyer

Whether you are looking to retain the parental responsibilities and parenting time that will allow you to provide for your children's best interests, you are planning to move with your children, or you want to keep your ex-spouse from moving your children away from you, you need a skilled, dedicated attorney who will protect your rights and aggressively advocate for you in court. Contact the Illinois divorce attorneys of Komie and Associates today at 312-263-2800 to schedule a free consultation. We serve clients in Chicago, Springfield, Peoria, East St. Louis, Winnebago, and throughout Illinois.

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