Experienced Peoria Child Custody Attorney Fighting for Your Family
Nothing matters more than the well-being and future of your children. When you are going through a divorce or a separation, determining where your children will live and how they will be raised is often the most stressful part of the process. You need a legal team that understands the emotional stakes and the complex laws in Illinois.
At Sullivan’s Law, we provide compassionate and aggressive representation for parents in Peoria County and the surrounding areas. Whether you are seeking a supportive parenting plan through mediation or facing a contested custody battle in court, we are here to protect your rights and your child’s best interests.
Understanding Allocation of Parental Responsibilities in Illinois
Many parents are surprised to learn that Illinois law no longer uses the terms “sole custody” or “joint custody.” Under the Illinois Marriage and Dissolution of Marriage Act, the courts now use a concept called the allocation of parental responsibilities.
This legal framework divides parenting into two main categories:
- Significant Decision-Making Responsibilities: This determines which parent makes major decisions regarding the child’s education, healthcare, religion, and extracurricular activities. This responsibility can be shared by both parents or assigned to just one.
- Parenting Time: Formerly known as visitation, this refers to the schedule of when the child stays with each parent. The goal is usually to ensure the child maintains a healthy relationship with both parents.
The Child’s Best Interests Standard
In every case involving children, the Peoria County courts must make decisions based on the child’s best interests. This is the “gold standard” of family law. A judge does not look at what is most convenient for the parents, but rather what ensures the physical, mental, and emotional well-being of the child.
When determining these interests, the court considers several factors, including:
- The wishes of the child (depending on their age and maturity).
- The mental and physical health of all individuals involved.
- The child’s adjustment to their home, school, and community.
- The willingness of each parent to facilitate a close relationship between the child and the other parent.
- Any history of violence or threat of physical violence.
Mediation and Parenting Plan Development Process
In most Illinois custody cases, parents are required to attend mediation if they cannot agree on a schedule. Mediation is a process where a neutral third party helps you and the other parent negotiate a parenting plan. This plan outlines the daily schedule, holiday splits, and how decisions will be made.
Creating a solid parenting plan outside of court is usually better for everyone. It gives you control over your family’s schedule rather than leaving it up to a judge. However, if mediation fails or is not appropriate due to safety concerns, our attorneys are prepared to advocate for you in court.
Fathers’ Rights and Parenting Time in Peoria
There is a common misconception that courts automatically favor mothers. This is not true under current Illinois law. Fathers have equal rights to request decision-making authority and significant parenting time.
We help fathers in Peoria protect their relationships with their children. Whether you are establishing paternity or fighting for a fair schedule, we ensure that your role as a father is respected and that your rights are upheld.
Sullivan Shick
Modifying Existing Custody Agreements
Life changes after a divorce or separation. You may get a new job, move to a new house, or your child’s needs may change as they grow older. If your current court order no longer works, you may need to seek a modification.
To modify the allocation of parental responsibilities, you generally must prove that a “substantial change in circumstances” has occurred since the last order was entered. We can help you review your current situation to see if you qualify for a modification.
Evidence and Preparation for Custody Trials
If your case goes to trial, preparation is key. We help you gather the necessary evidence to prove parental fitness and demonstrate what is best for your child. This evidence may include:
- School and medical records.
- Communication logs (texts and emails) between parents.
- Witness testimony from teachers, family members, or caregivers.
- Psychological evaluations of the parents or children.
In some contested cases, the court may appoint a Guardian ad litem (GAL). The GAL is an attorney who represents the child’s interests. They will investigate the family situation and make a recommendation to the judge. We know how to work effectively with GALs to ensure your side of the story is heard.
Handling Special Circumstances (Abuse, Relocation, Mental Health)
Some custody cases involve complex and sensitive issues. We have experience handling cases involving:
Substance Abuse and Mental Health:
Interstate Relocation:
Why Choose Our Peoria Child Custody Attorneys
Family law disputes are personal. You need a lawyer who is not only knowledgeable about the law but also accessible and easy to talk to. At Sullivan’s Law, we serve clients throughout Peoria County, Tazewell County, and Woodford County.
We understand the local court systems and how local judges apply the law. We strive to settle cases amicably to save you stress and money, but we are never afraid to fight in court when your child’s future is on the line.
Frequently Asked Questions
They are essentially the same concept, but the terminology has changed. Illinois law replaced "custody" with "allocation of parental responsibilities" to reduce conflict. Instead of fighting for "sole custody," parents now determine who makes significant decisions (education, health, religion) and set a schedule for parenting time.
The court looks at the "best interests" factors listed in the Illinois Marriage and Dissolution of Marriage Act. This includes the child's physical safety, their emotional needs, their connection to their school and community, the mental health of the parents, and the willingness of each parent to support a relationship with the other parent.
Mediation involves meeting with a neutral professional to negotiate a parenting plan. It is often required by the court before a judge will hear a contested case. The length depends on how willing the parents are to compromise, but it can often be resolved in a few sessions over several weeks.
Yes. Illinois law is gender-neutral. Fathers have the same right to seek parenting time and decision-making responsibilities as mothers. Courts focus on the child's best interests and the parent's ability to care for the child, not the gender of the parent.
Evidence can include testimony from parents and witnesses, school reports, medical records, police reports, and logs of parenting time. The court may also rely heavily on reports from a Guardian ad litem or results from psychological evaluations.
You must file a petition with the court demonstrating that a substantial change in circumstances has occurred since the last order. This could be a job loss, a relocation, a change in the child's needs, or issues with the other parent's fitness.
The court takes these allegations very seriously. The judge may order supervised parenting time, drug testing, or psychological evaluations. If there is immediate danger, emergency orders can be put in place to protect the child.
While you attend the mediation sessions yourself, it is highly recommended to have a lawyer. Your lawyer prepares you for the mediation and reviews any agreement before you sign it to ensure your rights are protected.
Costs vary depending on the complexity of the case. An amicable case settled in mediation costs significantly less than a contested trial involving expert witnesses and evaluations. We discuss our fee structure transparently during your consultation.
If parents agree on a plan quickly, a case can be resolved in a few months. However, contested cases that require evaluations, discovery, and a trial can take a year or longer to finalize.
Contact an Experienced Peoria Family Law Attorney
Don’t face the uncertainty of a custody dispute alone. Whether you are starting a divorce or need to modify an old agreement, Sullivan’s Law is ready to help. We fight to keep your family secure and your children safe.
Contact us today to schedule a consultation regarding your allocation of parental responsibilities case. =
CONTACT US
(480) 284-2644
(623) 915-0944