Family Law & Divorce
Child Custody
Terms such as “custody,” “joint custody” and “visitation” are no longer used in Illinois Law. These terms have been replaced by the terms “parenting time” and “parental responsibility/decision making.” It used to be when a parent was awarded custody, that parent was awarded the decision-making authority on all major aspects of a child’s life, such as education, medical, religion, and extracurricular activities. The person who had custody was typically also awarded a majority of the time with that child. The parent who was awarded visitation, generally has less time than the custodial parent with the child and had no decision-making authority. The term joint custody usually meant the parents had joint decision-making, typically one parent or the other was awarded more time with the child, or what they would term “primary custody” or “primary residential custody.” The parents are now either awarded sole decision-making authority, or parents can be awarded joint decision-making authority. Instead of awarding visitation, parenting time is designated now between the two parents. Usually one parent is designated as the child’s primary residence for school purposes only.
Child custody issues can take an emotional toll on both children and parents alike. At Bradshaw Law, we understand the emotional turmoil that can come with a custody dispute. We will help represent your interests with sensitivity and compassion and work toward an outcome that is best for yourself and your child alike.
The guiding legal principle in all child custody matters in Illinois is the “best interest of the child”. There are a number of factors that a court will take into consideration when trying to determine what is in the child’s best interest. Ideally, the parents will be able to agree on custody determinations in a collaborative or mediated divorce context, but when that is not possible we will use our litigation experience to protect both you and your child’s interests. We’ll work hard on your behalf and give you the representation you need to succeed.