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Who Will the Children Live with After the Divorce?

Posted on in Child Custody

DuPage County family law attorney, parental responsibilities One of the biggest concerns that couples with children have during a divorce is with whom the children will live. There are many factors that go into decisions about where the children will live. Parents who want the child to live with them will be best served by working with a skilled family law attorney to help make their case in court.

The Best Interest of the Child 

The court makes its decisions based on the best interests of the child. The factors that go into best interests of the child are laid out in the Illinois Marriage and Dissolution of Marriage Act. A number of factors that the court will examine include (depending on age) the child’s wishes, the needs of the child and parents, how the child will adjust to his or her school or community, whether the parents can get along, and if there has been any abuse in the family.

The court’s main concern is the children’s well-being, and the court will want the children to live with the parent who will not only give the child the best environment, but who will also preserve the child’s relationship with the other parent (barring abuse or other unsafe situations).

Parental Agreement

Ideally, the parents can make an agreement between themselves as to where the children will live and when the other parent will have parenting time (formerly known as visitation) with the children. The court prefers when parents are able to get along and amicably make agreements about parenting time and parenting responsibilities. However, the court is under no obligation to approve a parenting plan, and any arrangement will need to approved by the court. The judge uses a best interest of the child standard to decide whether to approve a parenting plan or not.   

Parental Responsibilities

When creating a parenting plan for the future, divorcing parents must also include information about parental responsibilities they will undertake. To be sure, parental responsibilities were formerly framed under the concept of custody, but ultimately are focused on the specific responsibilities the parents will have over the children. For example, parents with certain responsibilities must decide upon the education of the child, the child’s religious upbringing, and a number of other factors within the child’s life. This must all be included in a parenting agreement, along with the child’s living arrangements, as well.

If You Are Thinking About Divorce, Contact DuPage County Family Law Attorneys Today 

The wellbeing of your children is likely one of your biggest concerns during a divorce. Help to make sure that they are in the best situation possible by working with a knowledgeable family law attorney. Our passionate DuPage County family law attorneys at Davi Law Group, LLC can represent your position on what is best for your children.



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