Archive for the ‘custody’ tag

Types of Custody Agreements

May 23rd, 2013 at 1:18 pm

LP 5-22-13Depending on your judge and your individual case, you may be presented with one of several options for a child custody arrangement. The following explains some of your options.

Joint Custody

This further breaks down into legal custody and physical custody. An order issued with regard to legal custody involves religious, medical, and educational decisions about the children, which are to be shared by the parents. Regarding physical custody in a joint custody arrangement, the children will spend time with each parent.

Joint custody is an option for courts in every state, but unless parents agree to it and appear to be able to work with one another, it’s not likely to be recommended. Joint custody can require a lot of communication back and forth between parents, so it might not be ideal for every family.

Full Custody With One Parent, Unsupervised Visits With The Other

In this scenario, one parent maintains full custody, but unsupervised visits (generally on a specific schedule) allow the other parent to spend time alone with the children.

Full Custody With One Parent, Supervised Visits With The Other

In this scenario, the supervised visits will occur with the children, the non custodial parent, and one other adult present, usually at a visitation center. Sometimes, additional rules and protocol will be in place for the visit, and the supervised visitation parent usually has a very limited about of time with the children.

Factors Determining Child Custody

Usually, a court has to examine multiple factors to make a determination about child custody. These include taking into account the mental and physical health of all involved parties, the child’s current level of adjustment to his or her life, the willingness of each parent to communicate and facilitate a  relationship between the child and the other parent, and the wishes of both the child and his or her parents.

You should never assume that you can navigate a custody issue alone. You should always have professional legal representation to guide you through the process. Contact us today for more details.

 

Image courtesy of Ambro/Freedigitalphotos

Educational Involvement and Custody

April 24th, 2013 at 9:21 am

Going through a divorce can be a traumatic experience in itself. There is a disruption in the home structure and even the life plan of the adults involved. The children can be impacted even more because of the emotions and the disruption that they feel. Child custody is a hot button topic in many divorce situations. According to the Huffington Post, the level of involvement in the child’s education can have a great impact on the way that the court decides when it comes to primary custody.

TheresaOne of the people who may be called to testify regarding the question of custody is your child’s teacher. The teacher will be able to tell the court which parent is more involved with the child and his or her education. This can be a very heavily weighted factor. The court may ask the teacher who is called when the child is sick or acting out in class, who attends the parent-teacher conferences and who drives the child to and from school.

This can be a factor that seems to be unfair, especially if one parent is the bread winner while the other parent may not work, so they have the  time to do these things. Inside of the marriage, parenting is thought of as a partnership. This ideology is not always upheld after a separation when it is almost more important that raising children is a cooperative arrangement.

The time that the children spend with their parents is definitely beneficial to the bond that is built between child and parent. Both parents should make steps to spend time and participate in important things with the children. While it may seem unfair that something like this would be considered in family court, it is. An educated and compassionate Illinois divorce attorney can assist you with your questions regarding child custody.