Many states have adopted laws that make joint custody the presumptive choice for family courts. However, Illinois has declined to follow suit, making it much easier for one parent to grab sole custody and reduce the other parent to the role of visitor. This presents divorcing parents with two narrow alternatives: negotiate a joint custody settlement agreement or face a contentious, high-stakes custody battle. At Arami Law, we’re determined to uphold your parental rights. When a negotiated solution is possible, we work toward a manageable plan that benefits both sides. But when your spouse is set on undermining your relationship with your children, we fight hard for their best interests and yours.
The term “custody” refers to particular rights and duties that a parent or guardian has regarding a child. The options are as follows:
The parties can negotiate a combination of physical and legal custody in a settlement agreement and work out any conflicts in mediation. However, if the court must decide the issue, it tends to favor sole physical custody by a primary caregiver, usually the mother. When one parent has sole custody, the noncustodial parent often must pay child support to the custodial parent.
When a parent is awarded sole physical custody, the noncustodial parent is allowed parenting time, also known as visitation. Conflicts can arise when the custodial parent interferes with visits. A greater problem may occur when a custodial parent decides to move out of state or at a distance that creates hardship for the noncustodial parent. The court resolves relocation disputes based on the best interests of the child. There are also cases in which concerned third parties, most often grandparents, allege that neither parent is fit to have custody of the children. Our office has extensive experience with grandparents’ rights cases and representing aggrieved parties in disputes over custody and visitation.
Your relationship with your children is worth any fight. Arami Law negotiates fair custody arrangements and litigates aggressively to protect our clients’ rights. To schedule a consultation, call us today at 312-212-1399 or contact our Chicago office online. We serve clients inside the Loop and throughout Chicago, Illinois.
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