Child Custody Lawyer in DuPage County

Both parents have the right to custody of their child, and that’s typically the preference of the courts. The idea is a simple one: each child and parent has the right to develop their relationship. Barring any serious issues like abuse or neglect, child custody is a right both parents have. Determining what that manifests as is another issue altogether.

At Dolci Weiland & Sendlak, our child custody attorney in Illinois will thoroughly review your case, listen to your concerns and preferences, and outline the best course of action for you. We know you have your child’s best interests at heart. To that end, we will make every effort to attain the child custody arrangement best for you and your child. Contact us online or at 630.261.9098 to schedule a free consultation. 

Child Custody in Illinois

When two parents are no longer together, one of the most important matters to be decided is who will have custody of their child. In most states, there are two different types of custody that the court must consider: legal custody and physical custody.

Legal Custody

Legal custody is not related to whom the child lives with. Instead, the parent with legal custody has the legal right to make important life decisions for the child. For example, a parent with legal custody will decide where the child attends school, the child’s religion (if any), and the type of healthcare they will receive. Legal custody can be joint (both parents share decision-making) or sole (one parent has the authority to make decisions). Typically, both parents share legal custody, though in many instances it is not practical nor preferable given the circumstances.

Physical Custody

Physical custody concerns where the child resides. It may be awarded solely to one parent or shared jointly between parents. A parenting plan establishes when and where the child resides. 

Other Types of Child Custody

Child custody can be confusing for some people because there are many different types and terms to describe it. Aside from legal and physical custody, below are some of the most common terms used when discussing child custody.

• Joint Custody. Joint custody involves both legal and/or physical custody being shared by both parents. Parents may have joint legal custody, joint physical custody, or both. It does not necessarily mean that the child spends an equal amount of time with each parent.
• Sole Custody. Sole custody means that one parent has exclusive legal and/or physical custody rights. The noncustodial parent may still have visitation rights, but they do not have the primary decision-making authority or residence.
• Primary Custodial Parent. In cases of joint physical custody, there might be a primary custodial parent, meaning the child spends a significant amount of time with that parent, often more than 50% of the time.
• Noncustodial Parent. The noncustodial parent is the parent with whom the child does not primarily reside. This parent typically has visitation rights and may be obligated to pay child support.
• Visitation or Parenting Time. Visitation in some jurisdictions is also referred to as parenting time, which is the schedule that outlines when the noncustodial parent has access to the child. The specifics can vary and may include weekends, holidays, and extended periods during school breaks. Visitation also refers to situations where a parent may or may not have legal custody but does not have physical custody and can only visit with the child (sometimes requiring supervised visits) at certain times as outlined by a court order.
• Split Custody. In cases of multiple children, split custody may occur where each parent is granted primary physical custody of at least one child. This arrangement is not common and is generally used when it is deemed in the best interests of the children.
• Bird’s Nest Custody. This is another uncommon arrangement. It occurs when the child remains in one home, and the parents take turns living in that home with the child. The non-residential parent lives elsewhere when it’s not their scheduled parenting time.
• Temporary Custody. Temporary custody may be awarded during the divorce or separation process before a final custody arrangement is determined. It is not necessarily indicative of the final custody outcome.

Child Custody Factors Courts in Illinois Consider

Child custody decisions are complex and are made with the best interests of the child in mind. While specific factors can vary by jurisdiction, common factors that most courts take into account when determining child custody include:

• Child’s Best Interests. This is the overarching principle guiding custody decisions. Courts aim to determine what arrangement will best serve the child’s physical, emotional, and developmental needs.
• Parental Fitness. Courts assess each parent’s physical and mental health, including any history of substance abuse, domestic violence, or criminal activity.
• Emotional Bond with Each Parent. The court may consider the emotional ties between each parent and the child and the ability of each parent to provide a stable and loving environment.
• Child’s Age and Developmental Needs. The age, sex, and developmental stage of the child are taken into account. Younger children may have different needs than older children, and custody arrangements may be adjusted accordingly.
• Stability and Continuity. Courts often favor maintaining stability in the child’s life. They may consider factors such as the child’s school, community, and established routines.
• Parental Cooperation. A willingness and ability of each parent to encourage and facilitate a positive and ongoing relationship between the child and the other parent may be considered.
• Parental Capacity to Provide. The court assesses each parent’s ability to provide for the child’s physical, emotional, and educational needs, including factors such as housing, nutrition, and educational support.
• Geographic Proximity. The proximity of each parent’s residence to the other can be a factor. Courts may consider how easy it is for the child to maintain relationships with both parents if they live in different locations.
• Criminal History. Any history of criminal activity, especially if it poses a risk to the child, may be taken into account.
• Wishes of the Child. Depending on the child’s age and maturity, the court may consider the child’s preferences regarding custody arrangements. However, the weight given to the child’s wishes varies by jurisdiction and the child’s age.
• Parental Involvement. The court may assess the level of involvement each parent has had in the child’s life, including participation in school activities, healthcare decisions, and general parenting responsibilities.

These factors are not exhaustive, and the weight given to each factor can vary depending on the specific circumstances of the case and the laws of the jurisdiction involved. Additionally, custody decisions can be influenced by the unique details of each family’s situation. Ultimately, if a matter affects the child, the court will likely consider it when awarding custody, even if it is not one of the factors listed above.

Our family law attorney in Illinois will provide specific guidance based on the relevant laws in your jurisdiction.

Parent Plans and Child Custody in DuPage, Cook, and King Counties

Once child custody has been determined, unless one parent has sole custody, most jurisdictions request the parties enter into a parenting plan. A parenting plan lays out what is expected of each parent to provide the child with the physical and mental stability they need to prosper. It can address everything from where a child lives, to the religion they will be exposed to.

A parent plan differs from a parent order in that a parent order is enforceable by the court. The parent plan is an agreement the parties reach together, often with the help of mediation. 

Unfit Parents and Child Custody in Illinois

When a court reviews a case and determines that a parent is unfit, it is likely it will award custody to another party, and the court may allow the unfit parent supervised visitation. The court may also order the unfit parent to undergo counseling and parenting classes if they want to continue to have a relationship with their child. 

While it is not impossible in most jurisdictions for an unfit parent to later regain custody of their child, it is not an easy feat as they must prove to the court the issues that deemed them unfit have been completely resolved. 

Contact a Child Custody Lawyer in DuPage, Cook, and King Counties Today

If you are facing a child custody issue, make certain your rights are protected by hiring our family law lawyer in Illinois. At Dolci Weiland & Sendlak, we know how to handle child custody matters. Contact us today by using our online form or calling us directly at 630.261.9098 to schedule a free consultation.

What is the most common child custody arrangement in Illinois?

Child custody arrangements vary from family to family and state to state. There are several arrangements that are more popular than others, including legal custody, physical custody, sole custody, joint legal custody, and sole legal custody. Of these, joint legal custody is the most common custody arrangement. This is where both parents are involved in the decisions regarding how their child is raised. 

If we were never married, do I still need a custody order in Illinois?

The answer to this question depends on your end goal. If you are seeking to establish any rights to the child, including custody, visitation, or child support, paternity does need to be confirmed. Most states hold that when a child is born out of wedlock, the mother has sole custody unless a court has held otherwise in an order. 

How is child custody determined in DuPage, Cook, and King Counties?

In most states and most situations, when the parents of a child are able to agree on a child custody arrangement, the court will issue an order that confirms the terms of the agreement. When the parties are unable to reach an agreement on their own, they may have to attend mediation or arbitration to see if that helps. When all else fails, the court will hear the matter and issue an order the parties must abide by. The court will consider testimony, the report of a court-appointed guardian that is looking out for the best interest of the child, and other evidence when deciding child custody. The best interest of the child is always the criteria the court uses in these decisions. 

What’s the difference between legal and physical custody?

When a parent has physical custody, they actually have the physical child placed with them. This is the parent that lives with the child and takes care of their everyday needs. One parent may have primary physical custody while the other has secondary physical custody.

A parent who has legal custody is the one allowed to make important decisions about the child, including decisions regarding the child’s medical care, education, and religious upbringing. Joint legal custody may be awarded to both parents so that they both have input in making these important decisions for their child.  

Does custody primarily go to one parent in Illinois?

This is an incorrect assumption many people make. The answer is “no.” The truth is that courts often award other types of custody arrangements, such as joint physical custody, joint legal custody, or a combination of both. Some states do require a primary custodian, though, but that does not mean one parent gets full custody.

The courts always consider the evidence and the best interest of the child to be of paramount concern. 

Do I need a child custody lawyer in DuPage, Cook, and King Counties?

It’s really up to you if you want a child custody lawyer. As for needing one, that depends on what is meant by that. Child custody laws are nuanced yet stringent. Mistakes are not affordable because the custody of your child is at stake. 

In many cases, parents mutually agree on child custody arrangements, and so that makes the matter easier. In some of those cases, though, a parent may have felt compelled to agree, and so having a family law attorney advise you on what’s fair (or not) is beneficial. In contentious situations, a child custody lawyer is highly recommended. It takes skills, knowledge, and a lot of perseverance to make sure the child custody arrangement approved or ordered by the court is fair and just and reflects what you had anticipated.