What’s the difference between child custody and visitation?

Generally, custody means the ability to keep a child in one’s care and to make decisions for the child. Custody may encompass both physical custody, which means having the child in your physical possession and residing with you, and legal custody, which means having the legal authority to make decisions for the child. Both physical custody and legal custody may be awarded to one parent or split between both parents in Illinois. Visitation, on the other hand, means the rights and schedule of a non-custodial parent to spend time with the child. Visitation may be awarded on a set schedule, and in some cases, conditions may be imposed.

Who has to pay child support in joint custody?

In Illinois, child support obligations are calculated based on the net income of both parents, the proportion of responsibility each parent has to financially support the child, and the time the child spends with each parent. Generally, a parent may receive or be ordered to pay child support even in cases in which joint custody is negotiated or awarded, particularly if there is a significant discrepancy between the parents’ net incomes. An experienced attorney can assist you in matters of child support as well as child custody, ensuring that you aren’t missing out on the money your child is entitled to or being required to pay more than your fair share.

Do I need a lawyer for child custody?

A child custody dispute is a legal issue, and having an experienced child visitation attorney in Lake County, IL, is advantageous. In any form of dispute resolution, you will need to present the facts that support your viewpoint. Whether you’re persuading a judge to issue a binding judgment in your favor or just pushing for your spouse to agree to a fair solution you’re proposing, the skills of an experienced attorney are invaluable in crafting and supporting your argument. Even if your goal is to reach an amicable agreement, knowing that your attorney is prepared for the possibility of litigation and that you could take the case to trial if necessary can offer you peace of mind.

Bannockburn Child Custody Lawyer | Child Visitation Attorney Lake County, IL

Child Visitation Attorney in Lake County, IL Protecting Parental Rights in Bannockburn, Cook County, DuPage County, Will County, and Throughout Northeastern Illinois

The involvement of children adds a whole new dimension to divorce proceedings. The physical care, living situation, and financial support of the children are major issues that need to be addressed in the divorce. As a parent, issues of child custody and visitation are often among the disputes that matter the most to you. To preserve your right to see your children and be involved in their lives, you’re going to need the assistance of a knowledgeable Bannockburn child custody lawyer. We know how important custody and visitation are to you, and we’ll push for the outcome that’s most beneficial to you.

The sooner you bring on an experienced child visitation attorney in Lake County, IL, to safeguard your parental rights, the better. Contact the Katz, Goldstein & Warren Law Firm

today to get started with a confidential initial consultation.

Child Custody and Visitation Disputes in Bannockburn, IL

When divorced parents stop living together as a single family unit, it can raise important questions about the care and living arrangements of their children. Will they live primarily with one parent or split time between two households? If a child lives primarily with one parent, what rights does the other parent have to see and spend time with the child?

In Illinois, a variety of possible custodial arrangements exist. Different custodial arrangements may make sense for different families and different situations. Often, custody disputes are particularly difficult issues to resolve in a divorce, because both parents want to protect their right to see their child.

In Illinois, “custody” refers to legal or physical authority or possession in one’s care, while “visitation” is the term used in reference to time spent with the child by a non-custodial parent.

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Factors That Affect Custody Decisions Under Illinois Divorce Law

When parents get divorced, a considerable amount of parental planning is required to determine who receives custody and visitation rights regarding shared children. Generally, the factor that is considered most pivotal in custody decisions and visitation agreements is the best interests of the children. Divorcing parents may not always agree on what options are in the child’s best interests, but some of the factors that generally play a role in this determination include:

The parents’ wishes
The child’s wishes
How well the child is adjusted in their home, school, and community
The interactions and relationship the child has with each parent
The interactions and relationships the child has with any siblings

Generally, it’s considered to be in the best interests of the child to still get to see both parents, whether through an arrangement in which both parents share custody or through visitation rights awarded to the non-custodial parent.

Approaches to Resolving Child Custody and Visitation Disputes

Often, divorcing parents can’t reach an agreement about child custody and visitation on their own. In Illinois, families can resolve child custody disputes through a variety of methods, including litigation, settlement negotiations, mediation, and collaborative law.

Divorce Litigation

Traditional divorce litigation is the most adversarial method of resolving disputes, but at times, it may be necessary. In litigation, you go through a formal legal process, at the end of which—assuming you are unable to reach a settlement before this point—your Bannockburn child custody lawyer presents your case to a judge who issues a final and binding judgment.

Litigation, particularly when it proceeds all the way to trial, is generally the most costly and lengthy path to resolving custody issues. Contentious litigation may also create more emotional distress, not only for the parents who are getting divorced but also for the children.

Throughout the litigation process, the divorcing parents can still work toward settling their dispute through negotiations. In fact, they’re encouraged to do so.

Negotiated Settlement

Most divorce cases don’t go to trial. Instead, they are resolved through some form of negotiated settlement. Negotiating child custody and visitation rights may be particularly difficult due to the strong feelings both parents have about seeing their children, but there are benefits to reaching a solution through settlement rather than a judgment when possible.

When negotiating for custody or parenting time, you want an experienced child visitation attorney in Lake County, IL, on your side, representing your interests and making a strong argument for your preferences. We can help you explore options and consider what sort of compromises would be most beneficial in achieving an outcome that aligns with your priorities. Then, we can skillfully negotiate with the other side, seeking a resolution that supports the children’s best interests and your goals.

Mediation

If you and your spouse are willing to work together to resolve the issues of child custody in a more amicable manner, mediation is one option to consider. In mediation, both parents present their views to a certified mediator, who is a neutral party. Rather than ruling for one parent or the other, the mediator’s role is to facilitate communication between the parties through which they can work out a solution without resorting to litigation.

Collaborative Law

Another option for divorcing parents who are willing to cooperate is collaborative law. This approach, too, encompasses open communication for the purpose of problem-solving. Instead of being facilitated by a mediator, the collaborative divorce process involves collaborative four-way conferences between both parents and their respective attorneys, in accordance with the procedures established under a written agreement.

How the Katz, Goldstein & Warren Law Firm Can Help

At the Katz, Goldstein & Warren Law Firm, our divorce attorneys pursue all approaches to help parents fight for the custody and visitation outcomes that are most beneficial to them. We have extensive experience representing our clients in custody and visitation matters decided through settlement negotiations, mediation, collaborative law, and litigation.

Why Choose the Katz, Goldstein & Warren Law Firm

Throughout Northeastern Illinois, parents turn to us to protect their all-important right to see their children. What sets us apart?

Decades of family law experience: For more than 25 years, we have assisted families in child custody matters, divorce, and all areas of family law.
Comprehensive options for resolving custody disputes: There’s no one right way to make difficult decisions about child custody, but our knowledge of all approaches to dispute resolution means that we can support you in any path that will allow your family to move forward with finalizing the divorce and starting a new chapter.
Unwavering commitment to your interests: As your Bannockburn child custody lawyer, we’re always pushing for outcomes that are advantageous to you. Whether you’re seeking to be the custodial parent or pursuing more visitation time, we’re committed to helping you attain a resolution that reflects your priorities.

Contact a Bannockburn Child Custody Lawyer Today at the Katz, Goldstein & Warren Law Firm for Your Initial Consultation

Through thoughtful and careful negotiation as well as other legal approaches, a Bannockburn child custody lawyer at the Katz, Goldstein & Warren Law Firm can protect your rights as a parent and safeguard the time you have with your children. We know nothing matters more than your child, and we’re prepared to explore all avenues for achieving a resolution that establishes agreeable terms for child custody and visitation.

For help from a child visitation attorney in Lake County, IL, contact the Katz, Goldstein & Warren Law Firm online or call us today.

Bannockburn Child Custody Lawyer