We are frequently asked whether a custodial parent can move out of state with the minor children over the objection of the non-custodial parent, particularly where the custodial parent is to be remarried or has experienced a change in employment. Such a decision is a difficult one for everyone involved.

When the divorcing parties have children, a myriad of fears and uncertainties present themselves. Some of your most fundamental personal liberties - decisions on how you raise your children - are in the hands of a judge who knows nothing about you or your family. The best interests of the children are paramount in every divorce and if the parents are unable to agree on custody, visitation and other important child-related issues, the court will make decisions that will then be imposed upon the parties.

As a divorce mediator in Chicago, IL, I spend a lot of my time educating my clients as to what C & V mean. In the past, custody always went to the mom and dad got visits every other weekend. Views have changed over the years. Studies are showing that children benefit more when both parents are active in their lives. Dads are taking proactive roles in their children’s lives and this is changing the dynamics of custody and visitation.

There are no formal rules regarding the amount and schedule of visitation. Generally, Courts will permit a nonresidential parent to have parenting time with a child for up to 50% of a child’s waking hours. So, parental involvement is encouraged. Nevertheless, there is no formal or legal presumption that necessitates extremely liberal visitation; a nonresidential parent must be prepared to prove it is in the child’s best interest.

A grandparent or sibling may petition for visitation if the custodial parent unreasonably denies visitation.

With more fathers seeking custody of their children than ever before, it is important to realize what things courts consider in determining children’s best interests. Courts often look at who performs basic but important services for the kids.