Don't Get Hung Up on Labels When Negotiating a Parenting Agreement
Parents going through divorce often get hung up on labels such as whether they are the sole custodial parent or whether they have shared custody. As your attorney, my goal is to help you focus on the quality of time you spend with your children and how to preserve your status as a person having a strong influence and decision-making role in the lives of your children. Very often it is possible, through effective negotiation, to achieve the results you want without having to go through an emotionally-draining contested custody trial.
I'm Susan Butler, a family law attorney serving clients in Peoria and Tazewell counties in Central Illinois. I have handled numerous contested child custody, visitation, fathers' rights and interstate child removal cases. I also have substantial experience dealing with mental health issues, professional evaluators, and all of the issues inherent in emotional and physical abuse of children and spouses.
Negotiating Joint Parenting Agreements
The reality is that a child can't be two places at once. Absent a reason for contact with one parent to be restricted, both parents should have quality time with children. The decision as to how the available hours in the child's life are allocated between the parents is best made by the parents rather than a judge at the conclusion of a contested custody trial.
Illinois law allows mothers and fathers to enter into a Joint Parenting Agreement to govern the custody issues regarding their children following a divorce. The document, which is approved by the Court and made a part of the final divorce order, contains their agreements as to how they want to handle parenting decisions, how they want to continue to parent using their expressed values, and how their time with the children will be allocated.
The concept of joint parenting focuses on the mutual discussion and joint decision making undertaken by parents who agree to work together, despite their divorce, to co-parent their children. Joint parenting doesn't necessarily mean that both parents will have equal time with their children. In fact, under most joint parenting agreements, one parent usually maintains the "home base" for the children, and the other parent's time is focused on weekends, holidays, summertime and days off school or work. The key is that the parents can be as creative as they wish in developing a schedule which will help the children to feel secure and stable.
Judges typically allow parents several months to reach a custody agreement. If an agreement can't be reached, the court will require the parents to participate in mediation. If mediation fails, then you and your lawyer will need to regroup and prepare for a child custody trial with evidence such as psychological evaluations, school records and teacher observations, along with testimony by witnesses familiar with your family.
Interstate Removal of Children
In Illinois, a custodial parent must have an extremely compelling reason before he or she will be permitted to remove children from the state. I represent both parents who wish to relocate with a child as well as parents whose visitation rights would be affected by a relocation.
Learn more about Fathers' Rights in Illinois.
Child Custody and Visitation Consultation
To arrange a child custody consultation with me, attorney Susan Butler, call 309-938-4204 or fill out the contact form on this site.
