Batavia Child Custody Lawyers

Attorneys Helping Establish Parenting Plans in Divorce and Family Law Cases in Batavia, IL

Decisions involving children can be among the most emotionally complex aspects of any divorce or family law case. Parents will need to address important questions about where children will live, how decisions about their upbringing will be made, and how to maintain strong family relationships moving forward. At Goostree Law Group, we help parents in Batavia address these matters effectively while focusing on solutions that will support the well-being of their children.

Our attorneys understand that parents may be concerned about preserving their bonds with their children as they take steps to separate and establish new living arrangements and schedules during a divorce or separation. We guide clients through every step of the legal process, helping them make informed decisions and working closely with them to craft parenting plans that will meet their families' unique needs.

Allocation of Parental Responsibilities

Under the current laws in Illinois, "custody" is no longer used as a legal term. Instead, family court cases will determine how parental responsibilities will be allocated between parents. These responsibilities address the authority to make significant decisions for the child, and they will cover four primary areas:

• Education
• Healthcare
• Religious upbringing
• Extracurricular activities

Parents will typically be able to share decision-making responsibilities, which is commonly referred to as joint custody. In some situations, courts may determine that sole custody is appropriate, and certain responsibilities may be allocated solely to one parent. Joint responsibility is generally preferred, as it will allow both parents to remain actively involved in the major decisions affecting their children's lives. However, if there is a history of conflict, abuse, or an inability to cooperate, sole decision-making authority may be in the child's best interests.

Parenting Time

In addition to dividing decision-making responsibilities, parents will need to determine how parenting time will be shared. Parenting time refers to the time a child will spend with each parent, including weekdays, weekends, holidays, school breaks, and vacations. Illinois law encourages both parents to have frequent and meaningful contact with their children, provided that doing so will serve the child's physical, emotional, and developmental needs.

A parenting time schedule should be clear, specific, and comprehensive, minimizing the potential for future conflict. When appropriate, parenting time may be supervised or restricted. This may be necessary if there are concerns about a child's safety while they are in one parent's care. Our attorneys work closely with our clients to develop practical parenting time schedules that reflect their family dynamics and provide for their children's best interests.

Call 630-584-4800 and let us help your family.

Creating a Parenting Plan That Supports Long-Term Co-Parenting

In all child custody matters, Illinois courts will require parents to submit a parenting plan, which is a comprehensive document that outlines how parental responsibilities and parenting time will be shared. If the parents cannot agree, each may submit a proposed plan, and the court may make the final decisions on the plan's terms. If necessary, courts may order parents to use mediation to attempt to create an agreed parenting plan.

In addition to decisions about the allocation of parental responsibilities and a schedule for parenting time, a well-drafted parenting plan can address a variety of issues that may affect parents and children, including:

• Communication Protocols: The plan may detail how parents will communicate about their children's needs. It may specify preferred methods of communication and expected response times.
• Decision-Making Guidelines: The plan can provide clarification on how joint decisions will be made, especially in situations where parents disagree.
• Transportation and Exchanges: The plan should detail the arrangements for drop-offs and pick-ups of children, including designated locations and responsibilities.
• Relocation Provisions: The plan can specify the steps that must be followed if one parent wishes to move a significant distance away, especially if this will affect the current parenting schedule.
• Dispute Resolution Methods: The plan may provide agreed-upon procedures for resolving disagreements, such as mediation, before parents will go to court to address child custody disputes.
• Right of First Refusal: While not required, a parenting plan may include a clause stating that if one parent cannot care for their children during their scheduled parenting time, the other parent will be given the opportunity to care for the children before alternative childcare arrangements are made.