Learn more about FindLaw’s newsletters, including our terms of use and privacy policy. ; and. Physical custody refers to where the child lives and the rights of parents to visitation. Yes, both temporary and final parenting plans can be modified.  However, temporary allocation orders are much easier to change than permanent orders.  As stated above, a final allocation of parenting time agreement cannot be changed until two years have passed since its entry.  The process to modify a parenting agreement is the same whether it is temporary final. Courts generally prefer joint custody, but sole custody, where only one parent or guardian has the physical and legal custody over a child, is a possible arrangement as well. Something went wrong while submitting the form :(. The law looks at the "best interests" of the child standard when deciding on child custody and visitation. Copyright © 2021, Thomson Reuters. All things considered, every state prioritizes the best interests of the children above all else.  In a “no presumptions or favors” state like Illinois, ensuring that the children will grow up in a safe and nurturing environment is paramount.  Some of the factors considered when determining parenting time and primary care include: Illinois courts believe that a positive relationship with both parents is best for children, as long as the child is safe and provided for appropriately.  Therefore, Illinois judges look at a wide array of factors and tend to rule in favor of shared parenting time and joint decision-making privileges whenever possible.  If you and your spouse would like to create your own parenting plan, it is most likely to be approved by a judge if the best interests of the children are the centerpiece of the arrangement. ; What is the Primary Caretaker Presumption in Child Custody Cases in Illinois 2020? Modification of Child Custody in Michigan . ; How is the “Best Interests of the Child” Defined in Illinois in 2020? Although we often discuss expected results and costs, our attorneys do not give legal advice unless and until you choose to retain us.  Parenting rights can only be granted to an unwed father by the court. In a child custody dispute the court may award joint custody to both parents or sole custody to a single parent. A court in Michigan will only modify a child custody order if there is clear and convincing evidence that a meaningful change of circumstances has occurred and a modification of custody will serve the best interests of the child. If a court has not made a determination regarding the custody of a child, each parent has joint legal custody and joint physical custody of the child until otherwise ordered by a court of competent jurisdiction. It is now called "parental responsibilities." Child custody is defined as the guardianship over a child, which covers both physical custody and legal custody. For more information about the allocation of parenting time and decision-making privileges, take a look at our article entitled Allocation of Parenting Time & Responsibility Explained | Illinois Child Custody. O'Flaherty Law is happy to meet with you by phone or at our office locations in: Thank you! A handful of states don't officially consider the wishes of a child when awarding custody.  To acquire a temporary allocation order, a petition must be filed with the clerk of court. Stay up-to-date with how the law affects your life, Name Under Section 19-9-3 of the Georgia Code, neither the mother nor the father has automatic rights to physical custody. Pennsylvania has child custody laws which address the determination of child custody, visitation, child support, and many other family law issues.  A hearing will be set, and a judge will decide on terms for the order until the parties come to an agreement or the case goes to trial. ; How Are Decision-Making Privileges and Parenting Time Determined in Illinois in 2020? In Illinois, child custody may not be modified until at least two years after the original custody order, unless the court believes that the current custody arrangement will endanger the child's physical, mental, moral, or emotional health. Parents make daily decisions ( including emergencies ) while child is with that particular parent team of legal writers editors... Time determined in Illinois rights of parents to make major life decisions on behalf of the Georgia,... 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