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Illinois And The Concept Of Child Custody

Child custody was once a given. Under early English common law, women did not have the right to retain the children following a split. This was granted only to the father. This changed over the decades until, in the 1800s, the law in Europe and the United States saw the law changing. In places such as Warrenville, IL, child custody lawyers successfully fought and won custody battles for female clients.

The pendulum swung once again in the mid-1960s as the concept of “Fathers’ Rights” emerged. Society, and the law in Illinois and other states, has swung, since then, towards a more neutral position. The new approach focuses on the needs of the child. In 2015, Senate Bill 57 (SB 57) effectively eliminates much of what child custody lawyers had defined as child custody.

Child Custody Lawyers and Senate Bill 57

Divorce lawyers all agree children are not pawns. They are not things to manipulate in divorce proceedings. Theoretically, both parents, no matter what their gender, should continue to provide their offspring with the intangibles as well as economic support. SB 57 does not dispute this. What it does is clarify the procedures and rules governing child custody laws in Illinois.

The new bill is responsible for altering the perception in court of custody. In fact, it actually removes the term “child custody” from Illinois law. In places such as Aurora, Lisle, Lombard and Warrenville, child custody lawyers now refer to “Parental Responsibilities.” The court is not to focus on the ability of each parent to fulfill his or her parental responsibilities.

The new child custody/parental responsibilities approach divides the responsibilities of you, as a parent, into different categories. Each is designed to reflect a specific aspect of child’s life and need. Common categories include:

  • Education
  • Health including medical, dental and psychological needs
  • Religion
  • Extracurricular activities

A court may decide that you are responsible for some or all. Alternatively, under this new system, you may share them with your former partner or spouse. All decisions are to be based on the best interests of the child.

Even if the court denies you responsibility for any of the categories, you are not denied the right to spend time with your child or children. There are exceptions. As child custody lawyers know, you will be denied visitation rights if the court finds you to be a danger to your child or children. The term “danger” encompasses every aspect: mental, moral, and physical.

Parental Relocation and SB 57

Until the passing of this law, custodial parents could relocate anywhere within the state of Illinois. You could move from Chicago to Warrenville or Aurora. You could not move outside of the state. SB 57 restricts intrastate relocation. You can only move within a certain distance from location unless you receive permission from the court to do so. Sb 57 also allows you to relocate outside Illinois if it falls within a certain distance.

Worried? Contact Child Custody Lawyers

Child custody is no longer a power struggle on a family epic scale. The result of changes to custody laws has changed the emphasis. If want more information about how the current parental responsibility approach will affect you in Warrenville, IL, play it safe, contact the professionals – child custody lawyers such as those at Fay, Farrow & Associates, P.C.