Who gets custody of the kids? – ¿Quién obtiene la custodia de los niños?
When parents separate or divorce, one of the hardest and most emotional questions is: Who gets custody of the children? This issue impacts not only parents, but most importantly, the children themselves. In Illinois, family courts approach custody matters carefully, with a strong focus on the best interests of the child.
This guide explains how custody works, what factors courts consider, the difference between types of custody, and why having a knowledgeable Chicago family lawyer can make all the difference.
Understanding Custody in Illinois (Custodia en Illinois)
In Illinois, the law no longer uses the single term “custody.” Instead, it separates the concept into two categories:
- Parental Responsibilities (Responsabilidades parentales): Who has the authority to make important decisions about the child’s life.
- Parenting Time (Tiempo de crianza): When the child will be physically with each parent.
This shift in terminology highlights cooperation instead of conflict. Courts encourage parents to share responsibilities and create a parenting plan that puts the child’s needs first.
Factors Courts Consider (Factores que considera la corte)
The guiding rule is simple but powerful: the best interests of the child.
Judges consider:
- The wishes of each parent.
- The child’s age, health, and needs.
- The child’s adjustment to home, school, and community.
- The relationship the child has with each parent.
- Each parent’s ability to provide stability.
- The willingness of each parent to cooperate.
- Any history of domestic violence or abuse.
➡️ In other words, custody is not about which parent “deserves” the child—it is about what arrangement will help the child thrive.
Types of Custody (Tipos de custodia)
Illinois recognizes different ways to structure custody:
- Joint Parental Responsibilities: Both parents share decision-making authority.
- Sole Parental Responsibilities: One parent makes major decisions.
- Shared Parenting Time: Courts try to ensure children spend meaningful time with both parents.
No two families are alike. The arrangement depends on the circumstances and the child’s needs.
Do Children Have a Say? (¿Los niños tienen voz?)
Yes, but with limits. Courts may listen to a child’s wishes, especially if the child is mature enough to express a reasonable preference. However, the child’s opinion is only one factor among many. Judges balance the child’s preference with their overall well-being.
Rights of Unmarried Parents (Derechos de padres solteros)
Custody disputes are not limited to divorces. If parents are unmarried, legal paternity may first need to be established. In Illinois, a Voluntary Acknowledgment of Paternity (VAP) or a court order can determine legal parentage. Once that is established, both parents have rights to pursue custody and parenting time.
Parenting Plans (Planes de crianza)
Illinois courts strongly encourage parents to create their own parenting plan. This written document covers:
- Decision-making responsibilities.
- Parenting time schedules.
- Holiday and vacation schedules.
- How parents will communicate about the child.
📖 Official source: Illinois Courts – Parenting Plan Forms
If parents cannot agree, the court will impose a plan. Working together often saves time, money, and emotional stress.
Modifying Custody Orders (Modificación de custodia)
Life changes. Parents may move, remarry, or experience shifts in work schedules. Illinois law allows custody and parenting time orders to be modified if there is a substantial change in circumstances and the change is in the child’s best interest.
📖 Request a Modification | HFS
Common Custody Myths (Mitos comunes)
- Myth 1: Mothers always get custody.
- Reality: Illinois courts do not favor one parent based on gender.
- Myth 2: Custody means one parent never sees the child.
- Reality: Parenting time is usually shared, even if one parent has sole responsibilities.
- Myth 3: The parent with more money automatically wins custody.
- Reality: Financial stability is a factor, but not the only one.
Impact of Domestic Violence (Impacto de la violencia doméstica)
If there is a history of abuse, the court takes it very seriously. Judges may restrict parenting time, order supervised visits, or deny custody to protect the child’s safety.
International Custody Issues (Custodia internacional)
In today’s world, families are often international. If one parent wishes to relocate outside the U.S., custody disputes can involve federal law and international treaties such as the Hague Convention. These cases are highly complex and require skilled legal representation.
Role of Mediation (El papel de la mediación)
Illinois often requires parents to attempt mediation before a custody trial. Mediation provides a neutral setting where parents can resolve disagreements without going to court. It often leads to better long-term outcomes for families.
How Custody Affects Child Support (La custodia y la manutención)
Custody arrangements influence child support obligations. Parenting time, income, and expenses all factor into calculations. A parent with primary parenting time often receives child support from the other parent.
Why Legal Guidance Matters (Por qué importa un abogado)
Custody disputes can be overwhelming. A skilled family law attorney in Chicago can:
- Explain your rights.
- Help you negotiate a parenting plan.
- Represent you in mediation or court.
- Protect your parental rights.
- Keep the focus on your child’s best interests.
⚖️ At Servicios Legales Abogados Chicago, we understand the emotional and legal challenges of custody cases. Having an experienced advocate by your side helps ensure both fairness and stability.
Practical Tips for Parents in Custody Disputes (Consejos prácticos para padres)
- Keep communication respectful.
- Document schedules, visits, and expenses.
- Avoid speaking negatively about the other parent in front of the child.
- Focus on the child’s needs, not personal conflict.
- Follow all court orders carefully.
Moving Forward After Custody Decisions
Custody is not about winning or losing. It’s about building a future where your child feels safe, loved, and supported. Illinois law is designed to protect children while balancing parental rights. If you’re facing a custody dispute, don’t go through it alone.
Frequently Asked Questions (Preguntas frecuentes)
1. Who usually gets custody of children in Illinois?
Illinois courts do not favor one parent over the other based on gender. Custody decisions are based solely on the best interests of the child. Both mothers and fathers have equal rights under the law.
2. Can my child choose which parent to live with?
Children may express a preference, especially as they get older. However, a judge will consider many factors, not just the child’s wishes. The child’s preference is important but not the deciding factor.
3. What is the difference between custody and parenting time?
Illinois now uses the terms parental responsibilities (decision-making) and parenting time (time spent with the child). Custody is no longer a single legal term, but both parents usually have some involvement.
4. Can custody arrangements be changed?
Yes. Custody orders can be modified if there has been a substantial change in circumstances and the change is in the child’s best interests. For example, if one parent moves far away or work schedules shift significantly, a modification may be necessary.
5. What happens if one parent refuses to follow the custody order?
If a parent ignores or violates a custody or parenting time order, the other parent can file a petition for enforcement in court. Judges may impose fines, makeup parenting time, or even change custody if violations are serious.
6. Do I need a lawyer for a custody case in Chicago?
While it is not legally required, having an experienced Chicago family lawyer is strongly recommended. Custody cases are emotional, complex, and the outcome can affect your child’s future for years to come.
Disclaimer
This blog post is for informational purposes only and does not constitute legal advice. Reading this article does not create an attorney-client relationship. For guidance about your specific situation, please consult a qualified family law attorney in Illinois.
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