Nothing comes even close in value to children in any relationship or marriage. Children are the most precious product of a marriage or a relationship, so custody and parenting are two of the most emotionally draining issues that arise when marriages or relationships fail. A husband and wife may divorce each other, but they cannot ever divorce their children. The ups and downs of parenting will continue long after a divorce is concluded, and future parenting success will depend on how the parents and their attorneys handle a custody dispute. Reasonable and caring parents who understand the importance of properly raising their children may reach agreements with the help of their attorneys and child representatives. However, if joint parenting is not possible because parents do not have the ability to place their children's best interest before their own, then the courts are always available to settle their differences. In matters concerning custody of minor children, litigation should always be the last resort. Fred A. Joshua P.C. has trained Illinois child custody lawyers that will first attempt to facilitate parenting agreements between parents that spare their children the negative experience of custody litigation. And should custody litigation become necessary, our lawyers have extensive custody litigation experience to passionately represent your interests in a court of law.

We will explain your options, your rights, and possible solutions to avoid the expense and acrimony of custody litigation, now known as allocation of decision-making responsibilities, if that is possible under the circumstances of your case.

Call us today to speak to one of our professional and experience custody attorneys.

Parenting Time

Parenting time is a key element in every Illinois child custody proceeding. It refers to the schedule that is agreed upon for a noncustodial parent to spend time with his or her children. Parenting time is an essential element in maintaining a meaningful relationship between a parent and a child, both during and following a divorce.

While both parents may agree that the children's best interests are the most important consideration in any divorce or custody matter, their views on how to accommodate those interests usually vary significantly. And that is precisely why child custody is often one of the most contentious issues in a divorce or paternity case. At Fred A. Joshua, P.C., we understand that you may be anxious about your children being away from you for extended periods and wonder about their well-being. When your children's welfare is at stake, select a law firm with the experience to face any challenge. For many years, we have represented parties in intricate family law disputes in Cook, Will and DuPage Counties. We can help you too!

Child Custody in Illinois

In Illinois, courts determine all matters relating to custody of children according to the best interests of the child. Absent a history of abuse or neglect, children should have frequent and continuing contact with both parents. Both parents should participate in and bear the responsibilities of child rearing following a paternity case or dissolution of marriage.

What Factors Affect Parenting Plans and Time-Sharing?

When ordering a parenting and time-sharing plan for the child, the court's primary consideration is the best interest of the child. To determine the best interest of the child, the court may consider, among other things:

• The demonstrated capacity and disposition of each parent to facilitate and encourage a close and continuing parent-child relationship, to honor the time-sharing schedule, and to be reasonable when changes are required.
• The anticipated division of parental responsibilities after the litigation, including the extent to which parental responsibilities will be delegated to third parties.
• The demonstrated capacity and disposition of each parent to determine, consider, and act upon the needs of the child as opposed to the needs to desires of the parent.
• The length of time the child has lived in a stable, satisfactory environment and the desirability of maintaining continuity
• The geographic viability of the parenting plan, with special attention paid to the needs of school-age children and the amount of time to be spent traveling to effectuate the parenting plan. This factor does not create a presumption for or against relocation of either parent with a child.
• The moral fitness of the parents
• The mental and physical health of the parents.
• The home, school, and community record of the child.
• The reasonable preference of the child, if the court deems the child to be of sufficient intelligence, understanding, and experience to express a preference.
• The demonstrated knowledge, capacity, and disposition of each parent to be informed of the circumstances of the minor child, including, but not limited to, the child's friends, teachers, medical care providers, daily activities, and favorite things.
• The demonstrated capacity and disposition of each parent to provide a consistent routine for the child, such as discipline, and daily schedules for homework, meals, and bedtime.
• The demonstrated capacity of each parent to communicate with and keep the other parent informed of issues and activities regarding the minor child, and the willingness of each parent to adopt a unified front on all major issues when dealing with the child.
• Evidence of domestic violence, sexual violence, child abuse, child abandonment, or child neglect, regardless of whether a prior or pending action relating to those issues has been brought. If the court accepts evidence of prior or pending actions regarding domestic violence, sexual violence, child abuse, child abandonment, or child neglect, the court must specifically acknowledge in writing that such evidence was considered when evaluating the best interests of the child.
• Evidence that either parent has knowingly provided false information to the court regarding any prior or pending action regarding domestic violence, sexual violence, child abuse, child abandonment, or child neglect.
• The particular parenting tasks customarily performed by each parent and the division of parental responsibilities before the institution of litigation and during the pending litigation, including the extent to which parenting responsibilities were undertaken by third parties.
• The demonstrated capacity and disposition of each parent to participate and be involved in the child's school and extracurricular activities.
• The demonstrated capacity and disposition of each parent to maintain an environment for the child which is free from substance abuse.
• The capacity and disposition of each parent to protect the child from the ongoing litigation as demonstrated by not discussing the litigation with the child, not sharing documents or electronic media related to the litigation with the child, and refraining from disparaging comments about the other parent to the child.
• The developmental stages and needs of the child and the demonstrated capacity and disposition of each parent to meet the child's developmental needs.
• Any other factor that is relevant to the determination of a specific parenting plan, including the time-sharing schedule.

When disputes arise over the type and extent of access a noncustodial parent should have to his or her children, the lawyers at Fred A. Joshua, P.C. will do all that is possible to achieve the desired parenting schedule for you and your child. We understand the sensitive nature of child custody battles. We provide professional, compassionate representation from your first meeting with us until the end of your case. No matter what custody issues you face, we help you quickly reach the resolution that is best for your family. Contact us at today at 312-912-9800 to schedule a consultation with one of our experienced lawyers.