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The Real Test For
Who Gets Custody

Children are not spoils of war.

In 1986, I was appointed by the Bar Relations Subcommittee of the Domestic Relations Advisory Committee of the Domestic Relations Division of the Circuit Court of Cook County to serve as an Attorney for the Child and as a Guardian ad Litem. Subsequently , I was appointed by the Court to represent the children in more than forty different, contested custody or visitation cases. I have also represented many clients in various custody and visitation cases. The following is a list of what I believe the Court really considers quite heavily in determining custody. Our Divorce Act mandates the Court to consider that which is in the best interests of the children in determining custody and, it is my belief that the following list of questions provides the best guide to determine which parent will prevail.

Spouses that organized their lives together should be given a chance to arrange their lives apart from one another.

Who gets custody?

  • Who gets the child up in the morning?
  • Who dresses child?
  • Who fixes child’s breakfast?
  • Who makes lunches
  • Who drives to school/day care?
  • Who knows sizes of clothing, shoes?
  • Who knows names and addresses of child’s doctors/ health care providers?
  • Who takes child to doctor, dentist, etc.?
  • The reward for being a responsible parent should be the responsibility of parenting.
  • Who prepares dinners?
  • Who shops for the child?
  • Who helps child with homework?
  • Who attends school conferences? What are the teacher’s names?
  • Who attends school programs/PTO meetings, etc.?
  • Who goes on field trips?
  • Who signs report cards?
  • Who reads to child? What books?
  • Who plays games with child? What games?
  • Who knows names of child’s best friends?
  • Who attends child’s sporting/ extracurricular activities?
  • Who coaches?
  • Who drives for events?
  • Who bathes the child?
  • Who helps with toilet training?
  • Who puts child to bed?
  • To whom does child go when hurt, when wakes up in the middle of the night, when sick?
  • Who takes child for haircuts?
  • Who takes child to scout meetings/ Who is scout master?
  • Who stays home when child is sick?
  • Who takes child to church, Sunday school, etc.?
  • Who supervises child’s household chores?
  • Who supervises television watching, movies, attended, etc.?
  • Who talks to child about problems?

For an in-depth discussion of Visitation and Children from a Ph.D. Health Care Provider, Click Here





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The Law Offices of J. Richard Kulerski, P.C.
1200 Harger Rd. Suite 320,
Oak Brook, IL 60523
(630) 928-0600 fax (630) 928-0670

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