Do I need a parenting plan in Chicago?

Chicago, IL – Deciding what happens to the children is often the hardest part of a divorce. Both parents may want to get the children or feel entitled to. This can lead to an acrimonious child custody battle. You want to avoid that as this will inevitably affect the children.
Instead of fighting over the phone or in front of the children, both parents should let their own feelings aside, look up the best Chicago child custody lawyers, sit down and discuss what’s best for the kids in a civilized manner.

What is a parenting plan?

A parenting plan is an agreement between the parents on the two main issues at stake: physical custody and legal custody.
Physical custody refers to where the kids are going to live.
Legal custody is about who gets to make the important decisions about the child’s education, health needs, engagement in religious activity, etc.
The best option is for the parents to talk things over and come up with a plan they can put in writing and present to the judge.
Do you need a parenting plan in Chicago? The answer is yes. If you are served a petition for child custody, you have 120 days to file a parenting plan with the court.
Parents can each file their own plan or they can save a lot of time and headache by reaching out to experienced Chicago divorce lawyers and submitting a plan they both can live with.

How is physical custody determined in a Chicago divorce case?

If the parents cannot agree upon the physical custody of the children, it will be for the family court judge to make a decision.
Here are a few factors judges have to consider in a child custody case:

The child’s relationship with each parent

Many people say that judges traditionally favor mothers as primary custodians. The point is that judges do not automatically consider mothers as better parents. In most families, the mother is the primary caregiver and she has a strong bond with the child. Simply put, the children are used to being with their mother, and sending them to live with their father can further upend their lives, already impacted by their parents’ separation.

The ability of each parent to care for the child

The judge will look at the involvement of each parent in their child’s care over the past two years. Also, the judge will determine which of the parents can offer a stable environment and better living conditions.

The mental and physical health of each parent

Both parents may love their children just as much, but when one of them has a mental or health issue that affects their capacity to care for the child, the judge will favor the other one as the primary custodian.

The wishes of the child

The judge will hear a child, but they are not bound to grant them their wish. In listening to a child, the judge will consider the child’s age and emotional development. Obviously, the wishes of an older child carry more weight than those of a toddler.
With younger children, judges tend to be very wary of what they say as they’re more susceptible to being coached by a parent.