Illinoisa sole custody defined in divorce mediation

The legal term for sharing is joint physical custody.

What are the Child Custody laws in the state of Illinois?

When parents divorce or separate, the law allows only one of them to claim their child as a tax dependent. By default, the IRS gives this right to the custodial parent—that is, the parent with whom the child lives for more than half of the year. But there are ways to change the default rule and give child-related tax benefits to the non-custodial parent. A study showed that child support payment amounts vary dramatically from state to state. Given this, a parent might reasonably wonder whether it would be possible to get a lot more child support—or pay a lot less—by moving to the state next door.

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  • Child Custody Attorney Glenview Illinois | Visitation Lawyer Elk Grove?

In some states, the information on this website may be considered a lawyer referral service. Toggle navigation. Change Location: Springfield, IL Physical Custody Physical custody is all about where your children live.

More Illinois info from LegalConsumer. Illinois Bankruptcy. The parent with more time is called the primary parent, while the other is the non-primary parent. If parents split time equally, their plan must designate one as the primary parent for legal purposes. The court will rarely award sole parenting time , unless the other parent doesn't want time with the child.

Even parents with histories of crime, violence, substance abuse, etc. Keep in mind that your parenting time impacts your child support payments. Indicate that parents can proceed to court if mediation is unsuccessful. If mediation isn't feasible due to a history of abuse or because one parent has all decision-making power, state this in your plan instead. Include a provision requiring parents to give each other notice at least 60 days before relocating, or as early as possible. You can also define an area that parents must live within unless they get approval from the other parent or a court to relocate elsewhere.

Courts encourage parents to include as much further detail as possible.

Illinois Child Custody Laws and Visitation Rights

To avoid later stress and confusion, try to think of all potential disagreements ahead of time, then stipulate in your plan exactly how they'll be handled. Below are some common provisions to consider. You'll find hundreds more in the Custody X Change app. Plans should specify where exchanges will take place and how the child will get there.

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What time will the exchange occur? Should it take place in a neutral location? Who will transport the child?

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Some plans detail what to do if a parent with scheduled time needs child care for more than 24 hours. If you include a "right of first refusal" stipulation in your plan, the scheduled parent must offer the other parent a chance to take the child.

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Specify how long the unscheduled parent has to respond to the offer often two hours. Plans should indicate how the child can communicate with a parent outside of scheduled parenting time.

Child Custody Aurora, IL Family Law Starts With Motta & Motta Attorneys

Are phone calls, e-mails, texts and video chats acceptable? For how often and how long? Specify that the other parent should not unreasonably monitor or interrupt these conversations.