Child custody issues can be complicated. Emotions are often running high and the parties involved are looking for a fair outcome. In many child custody disputes, each parent has a very different idea of what is best for their child.  This is why many courts use a child custody evaluation.

A child custody evaluation is an assessment of each parent's ability to provide for their children and the best interests of the children involved in the dispute. The court will appoint a neutral, third-party evaluator who has experience in family law or mental health counseling. 

Child Custody Evaluations in Illinois 

A child custody evaluation is conducted by an experienced, impartial professional who has expertise in both family dynamics and psychology. The purpose of the evaluation is to help the court make an informed decision about the best interests of the children. 

Sharing custody of a child is no easy task. Divorced and unmarried co-parents must contend with many different parenting issues throughout the year. However, the holiday season can be an especially difficult time for families to get along. Children cannot be in two places at once, and parents and extended family may argue about which holiday gatherings children attend. As winter holidays approach, consider the following tips for preventing parenting time disputes.

Sharing Custody of Your Kids Over the Holidays

There is no way to completely avoid arguments and conflict during a co-parenting relationship. Disagreements and hurt feelings are bound to arise. However, with careful planning and preparation, you may be able to reduce the amount of conflict between you and the other parent. 

• Review your parenting plan - Your parenting plan describes the allocation of parental responsibilities as well as the parenting time schedule. A well-written plan clarifies parenting time on holidays and other special occasions, too. Review your parenting plan before the holidays to avoid any confusion about who gets the children on what days. If you do not have a formal parenting plan, now is the time to sit down with the other parent and create one.

It is not uncommon for disputes regarding parenting time and parental responsibilities to become quite contentious. Emotions are running high and what is best for the child can become lost in the shuffle. The courts understand this and have designed a process to help ensure that children's best interests are always the top priority. Guardians ad litem (GALs) play an important role in these types of cases.

A "Guardian ad Litem" is a person, usually an attorney, who is appointed by the court to represent the best interests of a minor child or children in such disputes. The Guardian ad Litem will investigate both parents’ side of the story and make recommendations to the court as to what they believe is in the child's best interests.

When is a Guardian ad Litem Assigned to a Case?

There are no hard and fast rules as to when a GAL will be assigned to a case. Generally, however, it will happen when the court feels that it would be helpful to have an objective third party involved. This is especially true if there are allegations of abuse or neglect. The court may also appoint a GAL if the parents are unable to come to an agreement on their own regarding child custody issues. Either parent may also request that a GAL is assigned to a child custody dispute or divorce case.

Originally published: May 23, 2014 ---- Updated: September 12, 2022

The way Illinois describes child custody and visitation has changed in recent years. A parent's power to make major decisions about his or her child's upbringing is called "parental responsibilities." The time a parent spends caring for his or her child is "parenting time." Illinois courts encourage parents to work out the allocation of parental responsibilities and parenting time in a written agreement, but if the parents cannot agree, the court will make a decision.

If the parents have a "shared parenting" arrangement, each parent has the child at least 40 percent of the time. Child support calculations reflect the relatively equal amount of parenting time in shared parenting arrangements.

Originally published: April 29, 2015 ---- Updated: September 2, 2022

UPDATE: Parents who get divorced or break up often face many complex legal issues related to child custody. To make the situation even more complicated, child custody laws change frequently. In 2022, Illinois no longer describes child custody in terms of physical and legal custody or visitation.

The way divorced and never-married parents care for their children is broken down into two categories: "Parenting time" is the time each parent spends with the child. "Parental responsibilities" refers to the responsibility for making major decisions about the child's welfare, including education, medical care, and religious upbringing.