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Who gets to say what is best when child custody issues arise?

Some of the Illinois divorces that occur this year will involve parents who want to keep their children's best interests at heart as they sever marital ties and move forward to new lifestyles. Most parents agree that keeping what's best for children a main focal point is of paramount importance in divorce. In fact, the courts require it. The question is: Who gets to define that when child custody issues arise?

What happens when one parent's opinion varies greatly from the other? In some situations, parents are able to negotiate fair and reasonable agreements. Compromise and cooperation are key factors in obtaining workable solutions to these types of problems.

Some spouses suffer major communication breakdowns by the time they reach the point where these issues are discussed. There are many who can't even hold a friendly conversation, much less negotiate mutual terms in a peaceable fashion. Who then, gets to determine what's best for children when parents contentiously disagree?

In this and all other states, the court is the final voice of authority in all family and financially-related matters in divorce. In other words, if parents simply cannot reach an agreeable solution, the court will make a decision for them, a decision by which they both must abide. If a parent wants to maintain control of a child custody situation, it's typically best to work with the other parent ahead of time so the court merely needs to approve a proposed plan, rather than create one.

It makes good sense to enlist the help of an experienced family law attorney. Your attorney can act on your behalf in all child custody negotiations to lessen the potential for arguments to erupt and to keep the focus on what is best for you and your children. McCarthy & Allen, in Illinois, are fully prepared to assist you in such circumstances.

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