Navigating child custody agreements requires the parents to cooperate, focus on the best interests of the child, and understand the legal aspects involved. In Arlington Heights and the rest of Illinois, custody typically involves the allocation of parental responsibilities (decision-making authority) and parenting time (the time children have with each parent). Each type of custody can be customized depending on the needs of the parents and children.
At The Law Offices of Roger W. Stelk, we protect your parental rights and prioritize the best interests of your child. Call us today at (847) 506-7330.
Types of Child Custody Arrangements in Illinois
The two types of child custody arrangements are allocation of parental responsibilities and parenting time. Illinois technically no longer uses “custody” as a legal term in parenting agreements.
Allocation of Parental Responsibilities
Parental responsibilities include decision-making authority in areas such as education, health care, extracurricular activities, and religion. Joint allocation where both parents share these responsibilities is common, but one parent may have sole responsibility. If the parents cannot agree on these arrangements, the court may order one parent to be responsible for specific aspects, with the other parent making decisions in other areas.
The court could give more decision-making authority to a parent who has been heavily involved in the child’s life, especially if the other parent has not been. The court may also give more or solo responsibility to the parent or legal guardian who seems to have the child’s best interests at heart.
Parents who are perceived as intentionally trying to create conflict with the other parent or refusing to cooperate risk losing important parental responsibilities. A similar result could occur in cases of abuse or neglect. The court may give weight to the child’s preferences as to which parent makes decisions, depending on the child’s age and maturity level.
Parenting Time
A common result after navigating child custody agreements is a 50/50 split, with children living equally with both parents. It is far from the only option, of course. One parent could have primary physical care, with the children seeing the other parent during set intervals, such as every other weekend.
A 60/40 split could include extended weekends, while a 70/30 split could have the children with the nonresidential parent on weekends or a few weeknights. A “weekends and holidays” arrangement might have one parent with primary custody while the children going to the other parent for weekends, holidays, and school vacations. In a 2-2-3 schedule, children live with one parent for two days, then the other for two days, and switch three-day weekends.
These are just some of many possibilities. Even in a 50/50 arrangement, the children could live with one parent for one week at a time (or two weeks at a time, or a month), and then switch for an equal interval.
In Illinois, children younger than 5 years old make up 5.3% of the population. Custody arrangements for children in this age group may look different from those of older children, depending on the children’s needs and how close together the parents live.
If courts decide parenting time, they consider factors such as the children’s ages, how connected the children are to their home, school, and each parent, everyone’s mental and physical health. The safety and stability of the living environments are also important.
Of course, a child custody agreement between parents can be reached without court intervention. As long as it seems reasonable and fair, a judge should agree to it.
Beware of Informal Arrangements
Informal child custody when there’s no court order is risky. While it is great if the parents can be flexible when navigating child custody agreements, formal, official arrangements still leave room for flexibility, are enforceable, and offer peace of mind.
Informal arrangements may be more common when the parents were never married. The father may not even have established paternity, which puts him at risk if the mother decides differently on his role in the child’s life. A father must establish paternity for a court to even decide on custody. If there is no court order and both parents have legal rights to the child, both of their rights are equal. Disputes could occur, and a court order offers clarity and enforceability.
Informal arrangements may also be common some time after a divorce becomes final and the parenting plan/court order is out of date due to changes in the children’s needs and the parents’ situations. Rather than making changes and having the court officially approve them, the parents resort to an informal arrangement. This leaves either parent at risk for being accused of custody violations if the other parent decides to take legal action.
Your lawyer can advise you on whether a change warrants submitting a new parenting plan for court approval. This can occur if a major move occurs, either parent’s work schedule changes considerably, or the child experiences a change in health.
How Do Parenting Plans Work?
A parenting plan in Arlington Heights, IL, plays an important role in navigating child custody agreements. Parents who agree can file a joint parenting plan for court approval. If they do not agree, the court determines the plan. Major aspects of parenting plans include:
- Decision-making authority: Which parent has this authority and in which areas
- Residence: Where the child lives and when
- Communication: How the child can communicate with the parent he or she is not with currently
- Disputes: How disputes will be resolved
Depending on the level of conflict between the parents, how flexible or inflexible the parents are with each other, or how well they communicate, a parenting plan may go into great detail. For instance, a plan could detail where child exchanges occur, such as at one parent’s home, a park, or a neutral public location.
A third party could even be responsible for taking the children back and forth, or the exchanges could be supervised. The parents could alternate responsibilities for pickup and dropoff, and the plan may include times for these pickups and dropoffs. There may need to be backup plans in case of lateness or emergencies. The plan might also specify if the parents need to text or use a co-parenting app to confirm arrangements.
Going to Court for Custody in Arlington Heights, IL
When your child custody case goes to court, it is important to understand what to expect and the possible outcomes. Neither parent may be happy with the judge’s decision, but it is enforceable once ordered.
As long as the judge has not yet decided, the parents can still work on navigating child custody agreements between themselves. Appeals of judicial decisions are possible but unlikely to succeed without a change in circumstances. If the custody is part of a divorce case, the custody decision typically is made as part of the divorce decree.
In less complicated cases, custody in court could mean a few evidentiary hearings after one court appearance, with the judge delivering the decision after the last fact-finding hearing. In a complex case, a custody battle in court could mean witness testimonies, including that of child therapists and people in the child’s life. The court may appoint a guardian ad litem to find out what the child’s best interests are and to make recommendations to the court.
Modifications and Enforcement of Custody Agreements
Navigating child custody agreements is one thing. Modifying and enforcing them are other matters and may become necessary if serious life changes occur. Examples include parental relocation, evidence of neglect or abuse, and one parent ignoring custody agreements or orders.
If the violations are serious enough and cannot be resolved without court intervention, the court may use enforcement measures, such as giving the compliant parent more parenting time and imposing fees and penalties on the violating parent.
If you feel you must violate a court order due to concern about the safety of your children, consider talking with a child custody lawyer. Ignoring court orders could put you in trouble, while following court-approved steps to get custody modified or enforced should not.
Child Custody and Child Support
One misstep some parents make is withholding the other parent’s time with the children over unpaid child support. The parent restricting the time could end up in legal trouble, especially since there are legal avenues to use for child support enforcement.
How long does it take to get child support that is late? It depends on how responsive the other parent is and how delinquent he or she is. It also depends on whether avenues such as income withholding are possible, as they should be if the parent works a job with regular paychecks. In this way, wages can be garnished. If tax refunds must be seized, or other methods of enforcement are needed, getting back child support may take longer.
Getting child support after you file for the first time in Arlington Heights, IL, should take no more than a few months. You can make temporary requests for child support and child custody as part of divorce proceedings. These temporary amounts of child support may not be the same as the amounts ordered after the divorce becomes final, but may be similar.
The Law Offices of Roger W. Stelk can help with navigating child custody agreements, advocating for your rights in court, and modifying and enforcing orders. Contact us today.
