Child Custody: What Should You Expect from Family Court?

 Posted on February 21, 2025 in Child Custody

The not knowing part of how a child custody case will resolve in family court makes it particularly stressful. In the state of Illinois, child custody is called the allocation of parental responsibilities, and visitation is called parenting time. Every single case that has to do with parents and children is different, but the bottom line remains the same – if you and your spouse are unable to determine how to share parenting responsibilities and parenting time, the court will do it for you.

The court will decide whether one or both parents will make major decisions regarding health, religion, education, and extracurricular activities, whether the children will primarily reside with one parent or the parents will share parenting 50/50, and a schedule for parenting time. A parenting plan will be compiled that details virtually every decision regarding raising a child or children. If you are uneasy about how your case will resolve, speaking to a knowledgeable Wheaton, IL parental responsibilities lawyer can be beneficial.  

How Are Parental Responsibilities Divided?

If parents are unable to come to a decision regarding how parental responsibilities will be divided, the court will consider the following factors when making those determinations:

• The wishes of the child only if the child is mature enough to express himself or herself but only to a point (if the child’s wishes are contrary to the child’s best interests in the eyes of the court, the child’s wishes will not be a factor).
• Whether each parent has the ability to make good decisions for the child
• The mental and physical health of each parent  
• Whether the child has made a good adjustment to his or her current home, school, and community.
• Whether the child has special needs to consider
• Whether the parents can cooperate with one another for the good of the child.
•  How parental responsibilities have been shared up until the divorce
• The distance between the homes of each parent relative to the child’s daily schedule
• Whether there has been a history of family violence on the part of either parent
• Whether either parent is a convicted sex offender or has another violent felony conviction
• Whether either parent has a drug or alcohol problem that would affect parenting.

What is the Court Process for Determining Parental Responsibilities and Parenting Time?

First, a custody case is filed, which petitions the court by preparing the necessary documents and filing them with the county’s clerk of courts. Next, a process server or the sheriff’s office must serve the other party. Emergency orders are sometimes necessary if the child’s health and well-being are at risk.

If emergency orders are not necessary, then temporary orders will be put into place to cover who will make major decisions for the child and which parent the child will be with on a day-to-day basis. If the child does well under the temporary orders, that can be submitted as proof to the court that the orders should remain in place.

Mediation is usually required in parental responsibility determinations unless excused by the judge. Judges usually only excuse mediation when the relationship between the parties is so contentious they cannot work together or in cases of domestic abuse. Parenting classes are also usually a requirement.   

A status conference will be held where the judge will ask about the current status of the parenting negotiations. If both parties have reached an agreement that the judge deems to be in the child's best interests, the case ends. Otherwise, a guardian ad litem may be appointed to determine what custody arrangement would be in the child’s best interests.

If nothing has worked and no agreement is in place, a trial will be held. Both parents will present their arguments regarding parental responsibilities and parenting time, witnesses may testify, and the court will make final decisions.

Contact a DuPage County, IL Parental Responsibilities Lawyer

Your choice of family law attorney can make a significant difference in the outcome of your case. An experienced Wheaton, IL parental responsibilities attorney from Davi Law Group will ensure your rights are protected and your wishes are heard. Call 630-657-5052 to schedule your free consultation.