Q: Father wants to obtain joint custody so that he will no longer have to pay child support here in Illinois.
We already have a child support order established but have to go back to court Janurary 24th to discuss child care expenses. He now states that he is going to file for joint custody or visitation. He wants our child 4 days a week so that he will no longer have to pay child support. I do not deny him visitation with our daughter. Since July 2017 until now he has only had her 11 nights in a 6 month period. I currently have a protective order against him. That order is in affect until June 2018. He was told by that division that he has to file a petition for visitaion because we are not to have contact. He has yet to do that since May of 2017. However I do still allow him to see our child as I have a family member that will drop our daughter off to him and pickbher up and bring her back home. Can he get joint custody or visitation for most of the time spent with our child when she has never lived with him at all and she has always been in my care? He does have his own place but I do not.
A:
Illinois no longer has custody and visitation.
It has parenting plans which spell out responsibilities of the parents and who has them and when.
If you two cannot agree, the court will order mediation and if that doesn't work, hold a hearing and decide.
Look at the frequently asked questions link.
http://midamericalawoffice.com/child-support/
A:
Mr.Choudhry is correct that Illinois no longer uses the terms custody and visitation. Instead, it is called parenting time.
The calculation of child support in Illinois changed this year. A primary consideration is the relative income level of the parents. If the father has a higher income than you it's possible he'd have to pay support to you even if he gets four full days of parenting time per week.
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