Common Concerns About The Allocation Of Parental Rights And Responsibilities
We have compiled the most frequently asked questions about the allocation of parental rights and responsibilities here, along with general answers. Remember, every case is different — it is best to discuss your case with an experienced attorney. At Denis M. Gravel & Associates P.C., we believe there are no problems when it comes to custody, only solutions.
How can I get sole decision-making (sole custody)?
Sole decision-making usually refers to one parent having both legal and physical custody — sometimes called sole custody — of their children. Legal custody gives a parent the right to make important life decisions for the child, like those relating to schooling or health care. Physical custody belongs to the parent the child lives with. When parents disagree on custody, the courts will order a custody evaluation where a mental health professional will evaluate the situation and make a recommendation.
Who gets the kids on holidays?
In short, it depends. In joint custody arrangements, parents create a parenting plan where issues like holidays are negotiated with the children’s best interests in mind. A common solution is to split holidays throughout the year and then alternate annually.
Do my children get to decide where they live?
The law in Illinois allows children who are 14 or older to decide which parent they want to live with. However, a judge can overrule that decision if they determine it is not in the child’s best interest.
Do grandparents have visitation rights?
In Illinois, courts assume that a parent’s decision regarding time their children spend with grandparents is in the child’s best interest. In some cases, grandparents can file a petition for parenting time if they believe that the decision is unreasonable, but the burden is on the grandparent to prove time with a grandparent is in the child’s best interest. We can assist you in navigating these issues.
The courts require grandparents to show a need for parenting time, which comes from a specific list of requirements. Some reasons may be that a parent has been deceased or missing for three months, or is incarcerated.