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How Do I Get Custody of my Kids in a Divorce in Illinois

Going through a divorce can be a difficult and emotional time, especially when children are involved. If you are seeking custody of your children in an Illinois divorce, it is important to understand the legal process and what steps you can take to increase your chances of success. Here are some tips on how to get custody of your kids in an Illinois divorce.

1.    Hire an Experienced Family Law Attorney One of the most important things you can do when seeking custody of your children is to hire an experienced family law attorney. A skilled attorney can help you navigate the legal process, understand your rights and options, and work to achieve the best possible outcome in your case.

2.    Understand Illinois Custody Laws In Illinois, custody is divided into two categories: physical custody and legal custody. Physical custody refers to where the child will live, while legal custody refers to the right to make important decisions about the child's upbringing, such as education, religion, and medical care.

Illinois courts prefer to award joint custody, which means that both parents share in the decision-making and parenting responsibilities. However, if the parents are unable to agree on a custody arrangement, the court will make a determination based on the best interests of the child.

3.    Be a Good Parent In order to obtain custody of your children, it is important to demonstrate that you are a good parent. This means being actively involved in your child's life, attending school and extracurricular activities, providing emotional support, and ensuring that your child's basic needs are met.

4.    Document Your Involvement In order to support your custody case, it is important to document your involvement in your child's life. Keep a record of important events, such as doctor's appointments, school activities, and family outings. This can help demonstrate your level of involvement and commitment to your child's well-being.

5.    Be Willing to Compromise In some cases, reaching a custody agreement may require some level of compromise. Be willing to work with your spouse and their attorney to find a solution that is in the best interests of your child. This may mean being flexible on parenting time, agreeing to joint custody, or making other concessions.

6.    Prepare for Court If you are unable to reach a custody agreement with your spouse, you will need to go to court to seek custody. This can be a complex and challenging process, so it is important to be prepared. Work with your attorney to gather evidence, prepare your testimony, and understand the court procedures.

7.    Attend Mediation In Illinois, parents are required to attend mediation before going to court for custody issues. Mediation is a process in which a neutral third party helps the parents come to an agreement on custody and parenting time. If you are able to reach an agreement in mediation, it can be submitted to the court for approval.

In conclusion, seeking custody of your children in an Illinois divorce can be a challenging process. However, by hiring an experienced family law attorney, understanding the legal process, being a good parent, and being willing to compromise, you can increase your chances of success. Remember that the most important consideration in any custody case is the best interests of the child, so focus on creating a stable and loving environment for your child to thrive in.


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