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How is Child Custody Decided During a Divorce?

What happens when parents feel the need to divorce? Even if the finances and properties are well sorted out, there will be emotional consequences that can last a lifetime. Before you say that it’s not affecting you as a divorcing parent, think about the child who has no choice in the matter and will have to learn to accept the custody determination.

How are the lives of children sorted out in divorces?

One of the first and most important factors involves custody, which involves physically living with and making decisions for a child. The two main types of custody are legal custody, which involves decision-making authority for a child’s upbringing and care, and physical custody, which involved where and how a child lives.

Who has rights in custody disputes?

Any parties claiming custody or guardianship of an underage child may make a case in an Illinois court. Parents and grandparents may expect a hearing on visitation rights or those rights included in a custody agreement even if they are not awarded custody, as the Uniform Child Custody Act (UCCA) recognizes these rights and Illinois recognizes this law.

Do children have rights in these proceedings?

Children aged 14 or higher generally have the right to choose the parent receiving physical custody in Illinois, although a judge may overrule these wishes if they find the choice to be unsafe or unhealthy.

Can a lawyer represent parents in a custody case?

An attorney can represent either parent in family court. Legal representation is often an important part of your strategy for securing a positive child custody outcome.

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