Free Initial Consultations

847.873.6741

child custody exchanges, Palatine family law attorney, custody exchange, parenting plan, parental responsibilitiesSharing custody of a child routinely presents many parents with the potential for conflict. Whether related to decisions on education or childcare, or the amount of time a child spends with each parent, points of disagreement are likely to arise.

In addition to the philosophical and custodial aspects of sharing parental responsibilities, the very act of exchanging custody of a child between parents can create a number of logistical and psychological challenges. This practical consequence of divorce is one that is easy to overlook when the parties are deciding how to allocate parental responsibilities. Moreover, these exchanges can have profound implications on the ability of parents to cooperate with one another.

Consequently, deciding where and when a custody exchange will take place is an important issue that should be directly addressed, especially if there is concern that outside factors, such as anxiety over seeing a new romantic interest or fear of an altercation, may provoke tension and thus make civil exchanges difficult, if not impossible. Certainly, the amount of interaction, which is often tied to the age of the child and the frequency of exchanges, is a big driver of the potential for conflict. Further, the context of child custody exchanges is likely to change as the child gets older, and is in less need of supervision and direction.

...

Rolling Meadows family law attorney, religion and child custody, child custody determinations, Illinois child custody, parenting timeRaising a child requires both parents to compromise on key issues that form the basis of the child's core values. Even parents who have similar child-rearing philosophies are bound to have areas of disagreement. Education, medical care, extracurricular activities and friends are all areas in which parents are apt to conflict. However, one matter that has the potential to provoke the strongest reaction is religion. Navigating this issue as part of divorce and child custody decisions can be difficult, especially if each parent subscribes to a different religious practice.

As more people now appear to be entering into inter-faith marriages, legal resolution of disagreements over a child's religious upbringing may become more common if these marriages end in divorce. The recently announced divorce of Janet Jackson from her husband of four years is one example of a divorcing couple in this situation.

Jackson was raised as a Jehovah's Witness, while her husband is a practicing Muslim. These two belief systems could lead to a protracted fight in Court if the parties strongly defend their positions. Illinois specifically requires the issue of religion be addressed in a parenting plan or in the Court's allocation of parental responsibilities, if the parties cannot reach an agreement.

...

Arlington Heights family law attorney, custody rightsDisputes over child custody and visitation between parents are an unfortunate but common occurrence. Further, when parents separate or divorce, the impact is felt far beyond the core family unit. Relatives and friends often lose valuable and important connections in the aftermath of these decisions, however necessary and well-intentioned. The significance of some of these relationships between a non-parent adult and the child can sometimes be enough to motivate the other adult to explore the possibility of seeking visitation or custody rights if there is a fear that contact will be cut off. However, the law is not especially keen to award parental responsibilities to non-parents, and great pains are taken to limit when exceptions to this policy may apply.

Parents are viewed as the primary and best source to raise a child, and other adults are always considered a last resort. Consequently, non-parent adults are generally unable to receive custody rights over a child, absent extenuating circumstances. A recent example of this policy is evident in the denial of a grandmother's petition for guardianship over her young granddaughter. The child's mother is serving a prison sentence in Bali for murder, but the Court said that even in this situation, the mother's consent to guardianship was necessary. However, Courts are permitted to make exceptions for certain parties seeking custody under specific circumstances.

Who May Petition

...

Arlington family law attorney, parenting responsibilitiesRaising a child is no small task, and includes an incredible amount of responsibility. Most parents try, and have a vested interest in, basing their decisions on what is best for their child. This selfless tendency is part of the reason why the law favors awards of shared parenting time between parents in divorce or paternity proceedings.

Children thrive most when both parents play a large and consistent role in their lives; though in practice, one parent usually provides the majority of the childcare. However, Courts have the authority to deviate from the shared model when circumstances warrant such a decision, including and up to giving one parent sole physical and legal parental responsibilities of the child.

Even if one parent is given sole responsibility, the other is usually granted some degree of visitation and communication with the child to prevent the total loss of a parent. This type of restricted visitation is used when the child's safety or development is threatened, but the parent with primary responsibility for the child cannot impose or deny visitations without a Court order, even if his or her concerns are legitimate.

...

Palatine family attorney, custody ordersBalancing work and family following divorce is bound to involve many challenges and tradeoffs, particularly when child custody is shared. The logistics of transferring a child between parents and households is often tricky, especially as the needs of the child change over time. These difficulties exist when parents live in close proximity to one another. However, they are greatly magnified by distance.

Once state lines are crossed, visits may become less frequent. Visits may also last for days or weeks on end instead of just one weekend. When distance is a factor in visitation, one concern that either parent may have is enforcing the terms of the parenting plan. If a parent decides to withhold visitation, limit communication, or refuse to return the child as agreed upon, then the other parent will likely need to initiate legal action to force the other parent to comply. Still, with parents accessing Courts in different states, the possibility exists that Courts could issue conflicting custody orders resulting in the child pinging back and forth between parents. This situation is not in the child's best interest, and 49 states, including Illinois, have passed a uniform law that governs how Courts should treat custody disputes that cross state lines.

What Are Courts Allowed to Decide

...

Introducing The Law Office of Nicholas W. Richardson


Nicholas W. Richardson is an experienced divorce lawyer and mediator whose comprehensive legal knowledge, commitment to clients and reputation for results bring lasting solutions to your problems.

Back to Top