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St. Charles, IL630-200-4882
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St. Charles divorce lawyer parenting plan

When you and your spouse have children together, one of the most important parts of your divorce agreement is a parenting plan that addresses how you will continue working together to raise and provide for your children after the divorce. A thoughtful parenting plan can help your children cope with the changes your divorce brings, and can also help prevent difficult arguments between you and your spouse for many years after the divorce. As you begin to formulate your parenting plan, you should be sure to consider all of the elements that you and your spouse will need to address.

Items to Address in Your Parenting Plan

A complete parenting plan addresses all important elements of your children’s lives with the goal of protecting their interests, needs, and family relationships. Some of the most important pieces of your parenting plan include:

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Algonquin Family Law AttorneysDivorce can be really difficult for everyone involved, but especially for a young child whose parents are splitting up. Parents often fight over the allocation of parental responsibilities (formerly called “child custody”) or parenting time (formerly called “visitation”). Their child might feel torn between trying to be loyal to both parents. In Illinois (and every state), a person under 18 years old is considered a minor and in most cases, unable to make legal decisions. Illinois courts consider the age of the children and the children’s wishes as well as family circumstances in deciding child-related issues.     

Best Interest of the Child 

Some people think there is a certain age at which a child can choose which parent with whom he or she wants to live, but that is a misconception. In Illinois, 14 years old is generally age at which a child’s opinion starts to be considered more by the court regarding under whose roof he or she will live. However, this is also based on the level of maturity of the child in question. For example, a mature 11-year-old boy may prefer to live with one parent because he attends a private school in the town where that parent lives. A 15-year-old girl may state she wants to live in the house where the parent does not enforce many rules or where there are no step-siblings if a spouse remarries. Ultimately, the court’s decision is based on which living situation or environment is in the best interest of the child.

In general, Illinois courts recognize “legal custody” and “physical custody.” Legal custody gives a parent or guardian the right to make important decisions, such as where a child will attend school or go to church. The term physical custody refers to which parent with whom the child will live. Like in other states, sometimes one parent (sole custody) or both (joint custody) parents can have legal and/or physical custody in Illinois.
A judge will take into consideration many factors regarding the allocation of parental responsibilities (custody), including but not limited to:

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