Child Custody Agreement Options in Marion, IL
Physical Custody – Physical custody regards the parental duties to provide for the physical needs of your child such as shelter, food, and clothing. Sole custody means one parent is required to fulfill these duties, while joint custody means both parents take part.
Legal Custody – This gives one or both parents the right to make decisions regarding a child’s health, education, religion, and other enrichment and life choices.
In the state of Illinois, both spouses can compromise on a combination of physical and legal custody agreements and mediate any conflicts. However, if a court must decide the issue, they usually choose sole custody and, more often than not, select the mother. If one parent has sole custody, the other parent must pay child support to the custodial parent.
Your Child Custody Attorney in Marion, IL
Under Illinois law, child custody is seen as the distribution of parental responsibilities amongst both parents; instead of awarding custody to both parents, the process seeks to determine responsibilities as it pertains to the child’s best interests. However, that doesn’t eliminate the need for parents to defend their rights to their children. If you need assistance in defending your parental rights, call Cavaness Law for the experts when it comes to child custody battles.
If both parents can’t come to an agreement regarding their child custody arrangements, then the court allocates responsibilities under the law. This means that the decision will be based on the child’s best interest, rather than favoring either parent’s legal argument. It is important to have legal help that understands the factors when it comes to considering the child’s best interest, such as:
- The mental and physical health of all parties involved.
- The previous status of the parent’s relationship regarding significant decision-making about the child and their upbringing.
- Physical and/or emotional abuse.
- Willingness of both parents to continue a relationship between one another and the child.
Defense Against Child Custody Modification Order
Cavaness Law Office can also help with proposed modification to your allocation agreement. Whether one parent is looking to move out of the county or state with your child – we want you to know that you have rights as a parent. If your child’s parent is seeking a modification towards your child custody agreement, our committed attorneys in Marion, IL can help resolve the issues with your best interests, and the child’s, in mind.
Parenting Time Visitation
If you are a noncustodial parent, visitation time is critical in maintaining a healthy and loving relationship with your child. The state of Illinois understands the importance of parenting time, but does subject reasonable restrictions with the best interests of the child in mind. Sometimes visitation issues can be complex and challenging, especially if a custodial parent deems your visitation rights as harmful to your child. Therefore, you need an expert when it comes to family law litigation and our legal experts at Cavaness Law Office are just that. You can count on Cavaness Law to fight for and protect your parental rights with professionalism, serving the best interests of you and your child.
Some common issues regarding parental visitation rights:
- Restricted and supervised visitation – For whatever the reason (domestic violence, substance abuse, etc.) a custodial parent can assert that their child’s contact with the noncustodial parent can be potentially harmful to their well-being. After investigating, the court can determine whether to revoke or restrict the noncustodial parent’s visitation rights. Restrictions can include revoking a parent’s ability to transport their child in a motor vehicle, or a judge may require a supervisor to monitor the parent’s visitation.
- Safe location exchanges – Parents who have conflicts with each other may be required to meet at a public location to transfer custody.
- Parental hostility – If one parent attempts to directly sabotage or manipulate the relationship between the child and their other parent, it can result in damage to all parties. Additionally, a custodial parent rewarding the child for rejecting the noncustodial parent can be grounds for reevaluating the child custody order.
- Third-party violation – Grandparents’ access to their grandchildren can even be denied by a custodial parent. These aren’t uncommon when divorce settlements are contested and tension exists between the two spouses.
- Alterations – When schedules change as the child grows older, visitation plans may need to be modified. While minor adjustments can be easier to compromise, major issues such as relocation can be an uphill battle.
Cavaness Law Office understands your parental rights and, more importantly, understands the benefits of having both parents involved in their child’s lives. We are the attorneys that will fight for your parental rights and compromise on issues that are in the best interests of you and your child.
Child Support in Marion, IL
The state of Illinois recognizes that a child has the right to be supported by both parents, but it isn’t determined by income. Instead, Illinois’ child support process entails that one parent is the ‘obligor’ who is required to pay a percentage of their income to the other parent. Normally, the obligor is the noncustodial parent because the recipient parent is already providing financial support due to the physical custody settlement. The purpose of child support is to maintain the financial standard of living they would have received had the parents stayed together.
While the state of Illinois has exact mathematical calculations to determine basic child support payments, the court does have discretion to provide additional amounts for expenses including:
- Private school tuition
- College tuition, savings, and living expenses
- Sports, travel teams, arts, summer camps, etc.
Illinois laws also recognize each individual child, meaning if one suffers from special needs or health concerns, those factor into additional payments for child support.
