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How to draft your custody agreement in Illinois

On Behalf of | May 11, 2022 | Child Custody |

If you are going through a divorce in Illinois and have children, you will need to decide on a custody arrangement that’s good for your kids and fair for you and your ex-spouse. Here’s how you can go about this.

Consider the type of custody you want

There are two types of custody arrangements in Illinois: joint custody and sole custody. Joint custody means that both parents have legal and physical custody of the children, while sole custody means that only one parent has legal and physical custody of the kids. You will need to decide which arrangement is best for your family.

Prepare the agreement

Next, you and your ex should look into child custody and parenting time details. The agreement should include information on who will have primary physical custody of the children, who will decide on the children’s education and medical care, how to handle visitation, and resolve disputes that might arise. Be as specific as possible in the details to avoid misunderstandings later on.

Get the agreement notarized

After you have prepared the agreement, you will need to have it reviewed by an attorney. This is important to make sure that the agreement is legal and binding. If your attorney okays it, you and your ex-spouse will need to sign it and have it notarized by a judge. When this is done, you and your ex will be penalized if you don’t strictly follow the terms of your arrangement.

If you are having trouble coming up with a child custody agreement that’s satisfactory for both of you, you should consider using a mediator or arbitrator. This is a neutral third-party individual that’ll guide you towards reaching an amicable agreement (mediator) or listen to both your cases and decide for you on what’s best for your child and you depending on your circumstances (the arbitrator).