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FAQ

Child custody and visitation

With any divorce, the well-being of the children ought to be the number one concern.

The follow is a list of different types of custody agreements that any parent going through a divorce, will become familar with:

Sole custody - One parents has all of the rights with regard to the custody of the child.

Joint custody - Both parents have equal rights with regard to the custody of the child, having equal say in the events of the child's life.

Residential custody - Residential custody refers to where the child lives, but if the other parent with whom the child is not living possess legal custody of the child, they still have a say in the events that happen in that child's life.

"Bird's nest custody" - Allows children to remain in the pre-divorce family house while parents alternate moving in and out.

Split custody - A type of custody arrangement in which each parent takes custody of a different child. This is less common.
Often times custody is talked about, and agreed upon, between spouses before the divorce even takes place. When things aren't so simple though, going to court is the way that child custody in Illinois is settled.

Temporary Hearing

A temporary hearing is held to determine who will have custody of the children while the divorce is taking place. It's important to note that temporary custody arrangements have no bearing on which spouse will ultimately have custody of the children, once the divorce is finalized. Nevertheless, temporary custody often shows to the court, which party is most equipped to take care of the children in the long-run.

Trial

Every state has statutes and procedures for the legal resolution of when spouses cannot agree on custody of their children. As a rule of thumb, most courts decide contested custody on what would be in the best interest of the child or children.
Factors that the court will consider include:

  • The child's age
  • Which party has been the primary care taker
  • Any history of physical abuse
  • What the child's wishes are (depending on age)

If you're fighting for the custody of your children, you need the help of knowledgeable and experienced Chicago divorce lawyer Arkady Reifman. Arkady Reifman has helped countless parents get custody of their children, so that they can watch them grow up every step of the way.