How is child custody determined in Chicago and North Shore?
Agreement on a custody arrangement
When a couple with children decides to divorce, the first step is to try and arrive at a custody arrangement on their own. This process often involves the assistance of a child custody lawyer representing each party. If the parents are able to come to an agreement, they can design a joint parenting plan that outlines each parent’s parental responsibilities and parenting time.
Mediation
When parents cannot agree on a custody arrangement, they attend court-ordered mediation. These mediation sessions are confidential and non-binding. They are conducted by a neutral, certified mediator who helps the parents communicate to try to reach an agreement.
Court ruling
If, after mediation, the parents cannot agree on child custody, the case goes back to court for the judge to decide. The judge rules on custody based on the best interests of the child. Awarding parental responsibilities and awarding parenting time are addressed separately under Illinois statutes, although the factors the court considers are similar for both.