Barbara K. Wallace, P.L.C. practices in both Iowa and Illinois and has ample experience dealing directly with custody cases in both states.
In Iowa, custody is divided between legal custody (who makes the decisions concerning the child) and physical custody (where the child lives). Iowa also recognizes shared care which means the child splits time with both parents.
Illinois passed new laws that became effective January 1, 2016 and “custody” and “visitation” are terms no longer recognized by the courts. Instead, the court will decide Parental Responsibilities which is separated into two different categories, Significant Decision Making Responsibilities and Parenting Time. Significant Decision Making Responsibilities involve four main areas; education, religion, healthcare and extra-curricular activities. In allocating parenting time, the court will determine how much time the child will spend with each parent. Although Illinois does not specifically recognize shared care (equal parenting time) by statute, there is case law that supports a finding of such by the court.
One thing both states have in common is that when determining custody, the court is directed to decide what is in the best interests of the child. There are many factors the courts will consider when deciding the child’s best interest is.
Contact us today for custody and visitation representation in the Quad Cities and surrounding communities.