Child Custody & Visitation
Finding Custody and Visitation Solutions
Child custody and visitation are areas, which in an ideal world, would be settled amicably by the parents taking into consideration the parenting skills of each parent and the best interests of the child. However, in reality, parents often have pretty significant reasons for getting divorced. Sometimes these reasons revolve around one spouse trying to protect the children from the other spouse. In Illinois, determination of child custody is based on the best interest of the child standard.
In matters involving child custody, the Steele Law Firm will try to reach a mutually satisfactory agreement prior to going to trial. If we are unable to achieve a pre-trial settlement that meets your needs, we will vigorously and aggressively represent your interests at trial.
The Best Interest of the Child
As a preliminary matter in determining the best interest of the child, a court will often look at which parent has been the primary caregiver of the child. Specifically, the court may ask the following questions in determining who has been the primary caregiver of the child:
Who has the child lived with?
Who prepared the child’s meals?
Who prepares the child for school including in the morning as well as with respect to the child’s homework?
Who schedules and takes the child to doctor’s, dentist’s and any other appointments, as necessary?
Who stays home when the child is sick and unable to go to school?
As the child matures, the court may seek the child’s input regarding who the child’s residential custodian will be. However, one should be extremely cautious about trying to influence a child’s decision in a custody dispute. The psychological effects of the child being asked to choose between parents may be devastating if not dealt with in an appropriate manner being sensitive to the child’s desire to maintain a healthy relationship with both parents.
The court may appoint a Guardian Ad litem for the child. The guardian advocates in court for the child's best interests, and will investigate and report to the court regarding the facts and circumstances in dispute. Often the guardian will make recommendations to the judge.
Additionally, an attorney may be appointed to represent the child’s interest. Any attempt by a parent to influence the child will be readily apparent to the attorney who is appointed to represent the child and such attempted influence may weigh against the parent.
The court may also appoint a psychologist to do a psychological profile of the family to help the judge make a decision concerning the best interest of the children.
Parental Responsibility
In determining child custody, the allocation of parental responsibilities must be considered. Parental responsibilities fall into two categories:
Decision-making - which includes educational, medical and religious decisions.
Parenting time - Many states have guidelines that divide "parenting time" between the parents, however, Illinois does not have such guidelines. As every situation is different, Illinois courts look to the intricacies of the parent-child relationship in each individual case.
Usually decision-making responsibilities are shared between the two parties. However, if the parents can't agree, the judge could award sole decision-making responsibility to one parent.
While both parties may have parenting time, it may be unequal. The child or children may live with one parent 90 percent of the time and with the other parent 10 percent of the time. The party with the majority of parenting time (meaning overnights) is often called the custodial parent.
Our child custody attorneys believe in creating a unique parental responsibility plan specifically tailored for each family’s needs. Oftentimes, these cases call for an evaluation of parents and/or children before any decisions can be made. At the Steele Law Firm we are equipped to offer experienced counsel in these situations and with matters where a child needs a legal representative or child and family investigator.
When the parties are unable to resolve child custody issues, we can explore alternative ways of reaching a settlement.
Grandparent Visitation
Our lawyers are experienced in representing parents, grandparents and other third parties in proceedings where a grandparent or third party seeks child custody and visitation rights.
Parent Relocation
A parent may wish to relocate outside of Illinois following a divorce, taking their child or children with them. Court approval is often required before this can happen. Our lawyers are experienced both in requesting relocation and in representing the parent who opposes such a move.
Child Custody Modifications
In any divorce, parenting time, decision-making, and time schedules are subject to the continuing jurisdiction of the court, and one or more “modification” suits may arise after the divorce. As children grow, their needs and schedules change. What was in the best interests of a child at age five might not be in the best interests at age 13. If parenting time changes, child support may also be affected.
Contacting an Illinois Child Custody or Visitation Attorney
If you are dealing with an Illinois child custody or visitation matter, you need the advice and assistance of a skilled, experienced child custody attorney to help you protect you, your children, and all of your legal rights.
Contact us or give us a call today at (312) 893-5888 or 1-800-DIVORCE (in Northern Illinois) to learn more about how we can help you or to set up a FREE consultation.
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• Matrimonial Law
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STEELE LAW FIRM, LLC
Phone: 312-893-5888
Toll-Free (in Northern Illinois):
1-800-DIVORCE
Office Locations:
Downtown Chicago
161 N Clark St., Suite 4700
Chicago, IL 60601
Naperville
2135 CityGate Ln, Suite 300
Naperville, IL 60563
