One of the most contentious issues during the process of a divorce is child custody. While all parents want what is best for their child, it is not uncommon for there to be major disagreements between parents as to what is actually in a child's best interest.
It is important for divorcing parents in Waukegan to understand that the divorce process can be difficult on a child, even if the divorce is an amicable one. Following a divorce, a child needs to have a good sense of security. A well thought out child custody and visitation plan can provide the child with the stability he or she needs going forward. Therefore, parenting plans should be both in the best interests of the child and of the parents.
It is only natural that both a child's parents will want to play an active role in the upbringing of their child, even after a divorce. This means that oftentimes both parents in Illinois are awarded parenting time. However, what if, during one parent's parenting time, that parent must leave the child in the care of another for an extended period of time? The other parent may not feel it is fair to have a third-party care for his or her child, even if that time is not his or her normal parenting time. This is when the "right of first refusal" comes into play.
Child custody disputes in Illinois are often contentious and difficult with emotions and other factors coming into the process. This is particularly true when the case involves grandparents' rights and one of the child's parents has died. Making certain to protect fathers' and mothers' rights as well as the rights of other relatives can be one of the most important parts of a child custody case. For that, having legal help is a key factor.
When parents in Illinois are in dispute over child custody or other factors involved with the child's care, there are many underlying issues that must be taken into account. It is not simply about which parent will have the child when and how this will be navigated and settled. Certain portions of the agreement are inherent as to how the child will be cared for and if the best interests of the child are met. Included in that are the caretaking functions of the parent. Knowing what is entailed in these caretaking functions and, particularly, if they are not being met, is a key factor in the case.
One of the most important aspects of child custody in Illinois is that the child is properly cared for by both parents. It is in the best interests of the child that this be adhered to, and the law is clear on what entails "caretaking functions" when the child is in the home of one parent or the other. The term means that there are tasks that require the parent and child to interact, or that there be arrangements, supervision or direction with the child and for care others can provide. Thus, it is important to know what is included in caretaking functions.
In Illinois, it is a reality that child custody overwhelmingly goes to the mother. This is a common point of contention in child custody disputes as men seek to have their fathers' rights recognized on the same level as mothers' rights.. In respond to the seeming status quo, some fathers are trying to alter the landscape that seems to trample over them to give mothers custody by rote.
There are numerous factors that go into settling child custody issues in Illinois. In some instances, a parent might not be allowed to have the right to make decisions on the child's behalf, but that does not mean that he or she will be excluded from having time with the child. If a parent is confronted with denied parenting time due to a lack of decision-making ability, it is important to have legal advice to deal with the situation.
When a couple in Illinois shares a child but are separated or divorced, there will usually be a child custody and visitation agreement. However, there are certain aspects of a child custody and visitation agreement that might sound unfamiliar. One issue is the care of minor children and the right of first refusal.
One of the more subjective aspects of a child custody dispute in Illinois has to do with the best interests of the child. Often, parents are not entirely sure as to how a court determines what the child's best interests are, what will be factored in, and what can be done if there is a disagreement as to the determination. This is why parents should have an understanding as to what the law says about the child's best interests.