Searching for Answers from a Child Custody Attorney in Peoria IL?
You might have a lot of questions for a child custody attorney in Peoria IL if you have children and are going through a divorce. The lawyers at Essig Law can provide you with answers using their more than 75 years of combined legal experience. Give our office a call now at 309-444-8041 to request a free consultation to discuss parenting time, child custody, divorce, or other family law matters.
Our father-son lawyer team of Dean Essig and Dustin Essig take pride in providing compassionate legal counsel to our clients. Our law firm is proud of our reputation for providing honest, ethical lawyers who help clients achieve the best possible outcomes for their legal concerns. With that in mind, we hope to answer some of the frequently asked questions directed to our child custody attorney in Peoria IL.
How Do I Obtain Full Custody of My Child?
Changes to Illinois laws have eliminated the use of the phrase “child custody,” replacing it with what is called “allocation of parenting time.” What this means to you is that the court now orders where the child will spend their time as part of a parenting plan in what is called an allocation judgment. Essentially, the judge will order a schedule that will allow the child to spend time with both parents.
As a result, the new term that has replaced “full custody” in the court is “primary parent.” Being named the primary parent means that you are allocated most of the parenting time to spend with your child. To pursue becoming a primary parent, you must first file a petition with the court. This is a request to be allocated most of the parenting time based on the facts of the case and what is best for the child. For more information about becoming a primary parent, contact Essig Law today to speak with our child custody attorney in Peoria IL.
Do I Have to Let My Ex-Spouse See My Child?
Even if you are named primary parent, that does not mean that your ex-spouse no longer has the right to see your child. In fact, the new parenting time allotment by the courts will designate time for each parent to spend with the child. The schedule for when the child will spend time with each parent will vary depending on circumstances like when each parent works, how far each parent commutes from home or work to the child’s school, and other factors. However, there are special circumstances where parenting time that could hurt the mental, emotional, or physical state of the child could cause the court to restrict time with the child.
Will I Receive More Child Support if I Have Full Custody?
The court calculates child support based on the income of both parents and the number of overnight stays the child spends with the parent. So, the amount of child support you will receive will be based on the income you and your ex-spouse receive and how many overnight stays you are awarded in the parenting time order. Consequently, you would receive more child support if you were ordered to be the recipient by the court if the child spends more overnight stays with you than your ex-spouse over the course of the year. If you have more questions about child support or parenting time, please contact Essig Law to speak with our child custody attorney in Peoria IL.
Talk to a Local Child Custody Attorney in Peoria IL
If you have other questions, you can find the answers you are seeking by consulting with the lawyers at Essig Law. We have helped countless clients like you in Peoria County IL, Woodford County IL, and Tazewell County IL with parenting time, child custody, divorce, and other family law cases. Get in touch with us today to schedule a consultation by calling 309-444-8041. Plus, you can reach us online by sending us a message from our website contact form.
