Child Custody Lawyer Bloomington IL
If you are facing custody issues, you may want to contact a child custody lawyer Bloomington IL families trust. What happens in your custody case can change your life and your children’s lives for a long time. You may need someone on your side who knows the law and may be able to help you get the outcome you seek for you and your children.
When children are involved in a divorce, the situation takes on a heightened emotional tone. It is important to move toward a resolution that considers your family’s emotional and financial health. A skilled child custody lawyer in Bloomington IL may be able to provide you with the guidance that you need to make informed decisions.
3 Types of Custody a Bloomington Child Custody Lawyer May Be Able to Help With
A child custody lawyer Bloomington IL has to offer may tell you that there are various types of child custody and you should decide the arrangement you’d like for your children. You and their other parent likely won’t agree on this and may both want a different outcome, but it’s important that you are clear on what arrangement you’d like and why.
- Physical custody: This type of child custody is what a child custody lawyer Bloomington IL parents trust usually fights for on behalf of their clients. This states that the child will live with the parent who has physical custody. Sole physical custody means the child stays with one parent while the other has limited custody or visitation rights. Joint physical custody may be awarded if the parents live close together.
- Legal custody: A parent with legal custody can make decisions about the child’s health, education, and wellbeing. Any decision that’s made for children is given to the parent with legal custody including what school to attend, the type of medical care, and even what religion will be observed. In most cases, joint legal custody is awarded so the parents have to make decisions together.
- Joint custody: Joint custody is when the parents share the responsibilities of taking care of the children. This may be solely physical or joint custody, but it could also be one or the other or both. Any child custody lawyer Bloomington IL can provide may tell you that joint legal custody can occur without joint physical custody.
How Custody Is Determined
In Illinois, the court considers a child’s best interest when awarding custody. There are several factors that may influence a judge’s decision, such as:
- Each Parent’s Living Situation: A child custody lawyer Bloomington IL trusts has witnessed many judges take each parent’s living situation into account before making a decision. In many cases, the judge gives custody to the parent who stays in the family home so that the child has stability and can continue going to the same school.
- Age of the Children: A child’s age is also taken into consideration during a custody battle, as a child custody lawyer Bloomington IL counts on may attest. Many judges believe very young children should live with their mothers because they require more nurturing. If the children are at least 12, they may tell the judge their preferences on who they want to live with.
- Domestic Violence or Abuse: If there’s evidence that a parent abused the child in any way, the judge will give custody to the other parent. A child custody lawyer Bloomington IL offers might convince a judge to limit the amount of contact that an abusive parent has with the child.
- Each Parent’s Relationship With the Child: The type of relationship each parent has with the child is also taken into consideration. A child custody lawyer in Bloomington IL may have represented many parents who get custody because they were consistently more involved in their child’s life.
- Mental Health of Each Parent: Judges also consider the mental stability of each parent when making custody decisions. If one parent has a history of mental illnesses, custody may get awarded to the other parent. Mental instability may affect a parent’s ability to care for a child, so judges might be weary about giving them custody.
Common Questions Judges Ask in Custody Battles
During a custody battle, you will be expected to answer a variety of different questions about your personal and professional lives. A child custody lawyer Bloomington IL relies on may help you prepare for common questions, like:
- What Type of Job Do You Have? Your job will likely be brought up in court. The judge may want to know how many hours you work every week or how easily you can take time off if your child becomes sick.
- What Type of Custody Arrangement Do You Want? The judge may ask you if you prefer sole or joint custody. If you want sole custody, your child custody lawyer Bloomington IL respects may have to help you present evidence of why the other parent should get sole custody.
- Have You or Your Ex-Spouse Interfered With Visitation? When you’re in court, the judge may want to find out if you or your spouse ever interfered with the visitation schedule. A Bloomington child custody lawyer has likely witnessed judges favor parents who follow visitations rules.
At Pioletti Pioletti & Nichols, we always strive to bring a compassionate and empathetic outlook to every situation. We work closely with our clients to understand their individual situation and to help them make decisions while considering the children’s best interests.
We may be able to help you find an amicable resolution without the need for litigation, which may take away the stress and emotions of a trial. If, however, we exhaust all our options, we’re ready to put our knowledge and experience to work for you inside the courtroom and fight aggressively for you and your loved ones.
Child Custody Arrangements
A child custody lawyer Bloomington IL clients trust understands that determining child custody can be an emotional and challenging experience for many parents. You may have many concerns about how the custody will be decided. We have answered some commonly asked questions surrounding child custody, in hopes it gives you some relief or needed insight into the process.
Is Custody Always Awarded to One Parent?
As a child custody lawyer Bloomington IL families depend on can attest, the courts often assign at least partial custody to each parent. Sharing custody is referred to as joint custody, and can take one of these few forms:
- Joint Physical Custody: Children spend a large portion with each of their parents
- Joint Legal Custody: Parents share making decisions on education, medical care and religion for their children
- Both Joint Legal & Physical Custody: A combination of both physical and legal responsibilities
How Is Visitation Amount Determined?
A child custody lawyer in Bloomington IL can go into details that pertain to your case, but generally, the court will determine the visitation hours and days for each parent. In the majority of cases, the courts will support and strongly encourage both parents to spend time with their children. The court will establish a parenting time schedule, and may grant visitation rights to include weekends (or alternate weekends), a couple weeknights every week (or alternating weeks), holidays and for summer vacations.
What if I Feel as Though the Visitation Amount Is Not Fair?
If a parent has been denied rights for visitation and custody, he or she may have an opportunity to have rights restored. Often times, the court does not award visitation or custody for valid reasons, such as a parent did not utilize their visitation time the past, the parent no longer attempts contact with the child or has a history of drug/alcohol abuse.
The court can create an action plan that gives the parent an opportunity to show he or she will take their parental responsibilities more seriously in the future. A child custody lawyer Bloomington IL parents depend on can advise you what your legal options may be if you have these or other custody issues.
Can Parents Willingly Attend Mediation Over Disagreements?
Yes, mediation is a great way to handle disputes. During a mediation, a neutral person (mediator) meets with both parents to help them find a resolution for the dispute. The mediator has no influence or power over imposing a solution on the parents; their role is to create an environment where an agreement can be reached. However, if mediation proves futile, the mediator can request the court to make a recommendation on the child custody issue. If this happens you will want your child custody lawyer Bloomington IL locals rely on representing you.
Is Mediation Better than Attending Court over Disputes?
There are many reasons mediation is a preferred route for custody and visitation disputes. The results can be beneficial for both parents who can be avoiding immense legal fees.
- Mediation does not include expert witnesses or attorneys being present for the negotiation.
- Mediation can produce an agreement within a shorter period of time. Child custody litigation handled within the court system can take months or years to officially resolve.
- Mediation can improve communication between parents and may increase the chances they cooperate in the future. When parents can reasonably make decisions together, it can benefit the well being of children as well.
A Bloomington child custody lawyer understands that going through the process of child custody can be draining and taxing. It can be substantially easier if both parents can find a way to agree without needing the court to decide their every disagreement. Attending mediation can help make a positive impact on communication with your previous spouse, and put less stress on your family dynamic. Your child custody lawyer Bloomington IL provides can assist with setting up mediation sessions.
A seasoned child custody lawyer Bloomington IL parents depend on understands how stressful any child custody issues can be. Anything that might threaten your relationship with your child can cause great emotional distress. Here at Pioletti Pioletti & Nichols, each Bloomington child custody lawyer has extensive legal experience in dealing with custody issues and will work diligently to obtain the best legal outcome for you and your family.
How Do Courts Determine Custody?
Although each custody case is unique, there are common questions that a child custody lawyer Bloomington IL families hire hear very often from clients. One of the most common questions is, “What factors does the court consider in order to determine final custody?”
The number one priority a judge has when deciding custody is to determine what is in the best interest of the child. Although most parents want the best for their children, when they are involved in a custody fight they don’t always agree with what is the best interest for their child. Some of the factors that a judge may examine to make his or her decision include:
- The child’s age: The younger the child, the more likely it is that there will be consistent custody and parenting time scheduled. If a child is older, the judge may be more open to flexible parenting time schedules.
- Quality of parent/child relationship: It is important that the child have a strong and healthy relationship with the parent. If there are issues that the judge feels are detrimental to the child, there may be limits put on how much parenting time is allowed.
- Stable environment: Many parents go through a child custody evaluation to help the court determine if the parent will provide a loving and stable home life for the child. These evaluations are conducted by mental health professionals.
- Health: The judge will also consider both the mental and physical health of both parents and the child and whether or not there are any issues such as substance abuse that would affect parenting of the child.
- Living accommodations: The court will examine the home situation of each parent, as well as their ability to provide for the child’s emotional, physical, and medical needs. Keep in mind, however, this does not necessarily mean the parent who makes more money will get custody.
- Majority of care: If one parent has been providing most of the care for the child up until custody papers were filed, then the court may consider that a determining factor, especially when trying to keep consistency in the child’s life.
A child custody lawyer Bloomington IL locals depend on knows other factors the judge may consider the individual parents’ wishes for custody, the child’s wishes for custody, and how likely one parent might encourage the child to foster a relationship with the other parent.
Child Custody Lawyer Bloomington IL
A child custody lawyer Bloomington IL families turn to should be one that is ready to listen to what you have to say without any biases or distractions. Dealing with child custody issues is usually not an easy process; this might be especially true when the divorcing parties’ are unable to resolve disagreements or disputes. Pioletti Pioletti & Nichols has been offering legal counsel for over seven decades. As a family run law firm, we excel in communication and are equally passionate in what we do. Guided by our knowledge and tenacious zeal for success you can count on us for the results you are looking for. If you would like to speak with a Bloomington child custody lawyer about your personal situation, please call our firm now.
My ex-spouse wants to move out of state, is this allowed?
Under Illinois law, a child cannot be moved permanently out of state unless a court grants a special order. In general, if a parent wishes to relocate the children to another state, he or she must be able to prove that it is in the best interests of the child. A child custody lawyer in Bloomington IL may be able to help show this to the court. It will then be up to the court to take into consideration the following factors:
- Whether or not the relocation could enhance the general quality of life for the child and parent;
- Whether or not the parent’s proposed move is meant to frustrate the other parent and hinder their visitation rights;
- What the motives for the move are;
- What the motives for the parent resisting the relocation may be;
- The current visitation rights of the non-custodial parent; and
- Whether or not a visitation schedule can be developed should the relocation be granted.
A child custody lawyer in Bloomington IL can let you know how feasible relocating with a child will be depending on your own unique circumstances. In general, it used to be very difficult to move a child across state borders, even when the parent might be re-marrying or seeking a new career. Now things are changing, but it will be up to a parent and a child custody lawyer Bloomington IL respects to show a legitimate reason for the move. The following will most likely need to be addressed by everyone involved, including the court:
- The type of housing the child will reside in;
- The job opportunity in the new location;
- The excellence of the neighborhood and schools;
- The available activities for the child; and
- How the child will maintain contact with the parent left-behind.
Certain judicial districts in Illinois are more apt to grant a relocation order over others. An experienced child custody lawyer Bloomington IL clients recommend like Pioletti Pioletti & Nichols can let you know what to expect from your local court.
What about taking a child out of the state for a vacation?
In Illinois, the parent who wishes to take a child outside of the state for a vacation, or other temporary reason, must legally inform the other parent or lawyer. An address and phone number associated with where the child will be must also be given. Finally, the date of departure and arrival back to Illinois should be provided to the parent. It will be in your best interest to talk to a child custody lawyer Bloomington IL provides to ensure all of these requirements are covered before leaving.
If you are ready to speak to a child custody lawyer Bloomington IL has to offer, call Pioletti Pioletti & Nichols at (309) 467-3213.
Answers to Common Questions About Child Custody
Contact us today at Pioletti Pioletti & Nichols to find a child custody lawyer Bloomington IL offers who can help you during this difficult time. Divorces, legal separations, and child custody concerns are often emotional and stressful. Our experienced attorneys understand how difficult it can be to deal with these issues.
A Bloomington child custody lawyer from Pioletti Pioletti & Nichols can answer any specific questions you may have. The following are some of the most common questions our lawyers get about child custody.
What’s the difference between sole custody and joint custody?
Joint custody is when each parent has a significant amount of time with the children. It doesn’t mean the parents have an equal amount of time, however. A child custody lawyer Bloomington IL residents rely on for legal representation can draw up a fair custody arrangement that will likely meet the wishes of both parents.
Sole custody doesn’t mean one parent has the children all of the time. In most situations, the non-custodial parent will have the right to visit with their children. However, the parent with sole custody has the authority to make decisions that affect the child and without consulting the other parent. This can vary somewhat depending on the circumstances. If you have specific concerns it’s best to bring them up with a trusted child custody lawyer Bloomington IL families recommend in similar circumstances.
Parents have joint custody under the following circumstances:
- When a joint parenting agreement is in place.
- When a court order has specified the rights and responsibilities of each parent for their children’s education, health, and other matters. A child custody lawyer Bloomington IL parents turn to during divorce proceedings can address your unique circumstances.
At what age can children legally decide which parent they want to live with?
There is no specific legal age for when a child can make such a decision or have their wishes followed. That said, the older the child the more likely an Illinois judge will take the child’s wish into consideration when making their determination about custody arrangements. A judge’s primary consideration should be what is in the best interests of the child. Additional factors are:
- The wishes of each parent
- The child’s comfort level with the community, their school, and home life
- Their relationships with siblings and others
How long does child support last?
Under most circumstances, the parent who does not have custody is obligated to pay support until the child reaches 18 years of age. However, there are exceptions:If the child is still in high school, then payments continue until the child turns 19.
- If the child is still in high school, then payments continue until the child turns 19.
- If the child is physically or mentally disabled the payments may continue indefinitely.
- A judge may order the non-custodial parent to contribute to the child’s costs for college. A child custody lawyer in Bloomington IL from Pioletti Pioletti & Nichols can review your case and may be able to tell you the likelihood of a judge ordering this in your situation.
Mistakes That Can Hurt Your Child Custody Case
A child custody lawyer Bloomington IL trusts has likely witnessed parents do things that complicate their child custody cases further. They may allow their emotions to affect their judgment and act irrationally. Let’s take a closer look at some of the common mistakes parents have made in child custody cases:
- Talking Badly About Other Parent in Front of Your Children: If you and your ex-spouse ended things on bad terms, you may feel resentful and angry. That’s normal. However, you should not use your anger to talk poorly about your ex-spouse in front of your children. It can upset your children and make the child custody battle that much more difficult.
- Withholding Visitation Rights to Other Parent: Unless there is an urgent reason, a child custody lawyer in Bloomington IL may advise against keeping your ex-spouse from seeing the children. If you believe that your ex-spouse should not have visitation rights anymore, you may talk to the judge about granting a court order.
- Not Following a Court Order: If you disobey any court order during your child custody battle, the judge probably won’t take it lightly. However, before you sign any court order, you may want to consult with your child custody lawyer Bloomington IL respects. He or she can review the court order to make sure there are no errors.
- Taking Your Children on a Trip Without Your Ex-spouse’s Consent: There may come a time in the future when you want to take your children out of town for a trip. A child custody lawyer Bloomington IL offers may recommend that your tell your ex-spouse about your plan and ask if it’s alright. If you take your kids on a trip without telling your ex-spouse, the court may believe you tried to purposely take them away and penalize you for it.
- Being Late for Visits With Your Children: Another mistake a Bloomington child custody lawyer might see is that some parents are late to visits with their children. Being late on occasion is one thing, but frequent tardiness may put you in a negative light. Your ex-spouse might bring up your tardiness at the next court date, which may impact your visitation rights. If you know you are going to be late for a visit, call your ex-spouse as soon as possible to let him or her know.
- Not Hiring a Child Custody Lawyer: A child custody battle may involve a mountain of paperwork and many court dates. This can get very overwhelming if you are dealing with it on your own. An experienced child custody lawyer Bloomington IL depends on can help you fill out all the paperwork correctly, make sure that you are being treated fairly, and come with you to all your court dates. If you ever have any questions or concerns during your custody case, your child custody lawyer Bloomington IL relies on is just a phone call away.
Pioletti Pioletti & Nichols Can Help
When you’re faced with the difficult situation of coming to an agreement with your soon-to-be former spouse regarding child custody, contact us. Our skilled attorneys have years of experience helping caring parents who are struggling with the challenges of child custody arrangements. Call us today at (309) 467-3213 to arrange for a free case review with a trusted child custody lawyer Bloomington IL provides.
Contact a Child Custody Lawyer Bloomington IL Families Recommend
If you are facing a child custody battle and would like to meet with an experienced child custody lawyer in Bloomington IL, the legal team at Pioletti Pioletti & Nichols are available to meet and discuss the details of your case. We can also help when issues come up with existing child custody orders and modifications may be needed.
Call a compassionate child custody lawyer Bloomington IL today at (309) 821-0246 for your free consultation.
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