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January 25, 2018 by admin

Child Custody & Visitation

Child custody and visitation encompasses deciding what kind of legal guardianship each parent is awarded, and when or how often they are permitted to spend time with their children. The process behind child custody litigation can be strenuous, particularly if the parents cannot maintain an amicable communication. In the event parents are unable to work out a visitation schedule together, a judge may have the final say. There many considerations to think about when going through a child custody and visitation deliberation with your former spouse. Below we address a few very common concerns many parents have when it comes to the future of their children and family dynamic.

What Factors are Considered When Deciding Custody?

Most courts make a decision regarding custody based on what is in the best interest of the child. Some additional factors that may be involved in the decision making process can include the following:

  • The child’s age

  • Each parent’s lifestyle

  • Whether abuse has occured with one parent in the past

  • If a parent smokes or if the child will be exposed to second hand

  • The child’s mental & physical health

  • The quality of education available depending on parent

  • The child’s preference (usually if above the age of 12)

  • Emotional bond between child & parent

  • Parent ability to give guidance to child

  • Parent ability to provide shelter, clothing, food & medical care

  • The parent’s mental & physical health

Does the Parent Who Moves Out of the Home Have a Lesser Chance of Getting Full Custody Later On?

Overall, it may be unwise for the parent who wants custody in the future to leave the family home, even when faced with an unpleasant or unhealthy situation. By leaving, it does send an indirect message to the court or judge. This impression is usually that the parent who fled is not suitable for being awarded physical custody. The judge may be hesitant to enforce the children to change homes, especially if this would mean removing the child from his or her same school and activities.

If a parent who wishes to be the custodial parent must leave the family home and wants to hold primary physical custody, the children can be taken along. However, the moving parent must file in family court right away for temporary custody. If the filing is prolonged, the other parent may go to court first and claim the kids were taken without consent or awareness. Family law judges to not like parents removing children from a home without reporting this for their knowledge. The judge can order the children are returned to the original home until future court proceedings can take place regarding physical custody.

Who Determines Visitation?

Many courts prefer to have both parents work out a parenting plan which includes visiting days and hours that each can agree upon. This is to prevent the parents from having to attend court and the verdict be decided by a judge. The process of child custody within the court system can easily become delayed for months or longer. However, if the parents can cooperate together in mediation well enough, they can make decisions together that can be in effect promptly. Child custody lawyers Peoria IL frequently relies on can also help make the process easier.

Thanks to our friends and contributors from Smith & Weer, P.C., for their insight into child custody.

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