Chicago Child Custody Lawyers

The Illinois Marriage and Dissolutions of Marriage Act requires the establishment of a parenting plan to determine the allocation of parental responsibility regarding parenting time and decision making on behalf of the child.  A parenting plan includes how all significant parenting decisions will be made, how much time the child will spend in each home, how they will be transported back and forth and how holidays and vacations are shared.

Child custody lawyers will help draft your parenting plan, which must be approved by the family court judge. When reviewing a drafted parenting plan, the judge will consider the following factors:

• The wishes of the child
• The wishes of both parents
• The relationship between the child, parents, and siblings that impact the child’s stability and happiness
• The impact of the parenting plan on the child’s happiness and performance in school
• The mental well-being and health of the parents and child
• Any issues of domestic violence
• Any issues of threats or child abuse
• Any issues of story of sex abuse of either parent
• The willingness of the parents to encourage a relationship with the other parent

Once an allocation of parental responsibility is approved by the judge and becomes a court order that can only be altered by legal modification. An allocation judgment regarding parenting time can be modified at any time with a showing a change in circumstances making it necessary in order to serve the best interests of the child.

If a child allocation plan cannot be reached through negotiation or mediation, formal child custody settlement negotiations in court may be required. While it is preferred that parents come to an amicable agreement, our custody lawyers always prepare to litigate in court as a last resort. Developing child allocation plans and establishing parenting time is always an emotional process, the last thing anyone wants is for the children to be caught in the middle.

An emergency child custody order is a temporary court order that grants immediate parenting time of a child to one parent. Typically, these orders are issued when a situation involves the child’s safety or well-being, such as abuse, neglect, or an immediate risk of harm. To obtain this order, you must demonstrate to the court that the situation is urgent and that the child may be in danger without swift legal action. Courts can be reluctant to issue these orders, and as such, an attorney may be necessary to obtain such an order.

Yes, you can request sole custody of your child in Illinois, but it will depend on thecourt’s assessment of what is in the child’s best interests. Factors like the child’srelationship with each parent, the parents’ ability to provide a stable environment, andany history of abuse or neglect will be considered. The court typically favorsarrangements that allow both parents to be involved unless there is a reason to limit oneparent’s involvement.

In Illinois, regardless of whether the parents were ever married, the courts determinechild custody matters based on the best interests of the child. The courts follow theguidelines set in the relevant statutes directing parenting time and responsibilities. Thisapproach assesses both decision-making and parenting time, with the primary goal ofensuring a stable and supportive environment for the child. The courts will alwaysprioritize the child’s best interest in making these decisions.

When parents cannot agree on a child custody schedule, the court intervenes to make adecision based on the child's best interests. The court examines factors like eachparent’s relationship with the child, their ability to provide a stable environment, and thechild’s educational, emotional, and physical needs. In some cases, the court may alsoappoint a guardian ad litem or child representative to investigate and represent thechild’s interests. The goal is to establish a custody arrangement that promotes thechild’s well-being, even if it means overriding parental disagreements. Absent anagreement, the court will make the decision once it hears the arguments.

Yes. While Illinois family courts do consider a child’s age when determining custody, thechild’s age is just one of many factors. Generally speaking, courts will give more weightto an older child’s preference than it will to a younger child. Regardless of the child’sage, the court’s primary focus is always on the child’s best interests. This involvesevaluating the child’s maturity, their relationship with each parent, the stability eachparent provides, and the child’s overall emotional and educational needs. Although achild’s age and preference matter, they are carefully weighed alongside other factors toensure a custody arrangement that best supports the child’s well-being.