Custody:
Sole v. Joint, Mediation, Parenting Classes
One of the most important and emotional aspects of any domestic relations case is custody of the children.
The parents must decide whether they will have joint custody or whether one parent will have sole custody.
If the parents are not in agreement, they may attend court ordered or private mediation in order to resolve their differences. Mediation can reduce court costs and attorneys’ fees.
If the parties are able to reach a partial or full agreement, a parenting agreement can be drafted by the attorneys and entered by the court.
If the parties are unable to reach an agreement after attending mediation, the courts will often appoint an expert to assist the court in determining the best interest of the children. In most instances, a guardian ad litem or child’s representative will be the expert appointed by the court. The expert’s opinion will be disclosed prior to trial and often leads to further settlement discussions. The court can also require additional reports and evaluations of the parents and the children to help in the decision-making process.
If the custody matter proceeds to trial, the court will make a determination of custody in accordance with the best interest of the children, based on the evidence presented and the recommendations of the experts.
As the children grow and circumstances change, it is sometimes necessary to return to court and request a modification of custody. Often a parent will request a change in custody when the joint parenting agreement is not being followed properly or when a parent is seeking removal of the minor child from Illinois.
In some situations, the children are the subject of abuse and the Family Law Office of Amy E. Richards will help you in determining the best course to take when seeking custody of your children and protection from the abuser.
Most counties require the parents to attend a parenting class when there are minor children.
Once custody is agreed to by the parties or ordered by the court, a parenting time or visitation schedule must be established.
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