Child Support Lawyer
Serving Chicago, Lake County, and Waukegan
Child Custody
In the State of Illinois, Courts consider the best interest of the child when reaching decisions in custody cases. Courts look to certain factors set forth by the Illinois Legislature in making custody decisions, including:
- The wishes of the parent(s) as to the child's custody
- The wishes of the child
- The relationship between the child, parent(s) and/or siblings
- How well the child is integrated into home, school, and community and whether one custody solution would uproot the child or disturb that integration
- The mental and physical health of child, parent(s), and sibling(s)
- The existence of or threat of physical violence against the child or anyone else by either parent, especially "ongoing abuse" as legally defined by the Illinois Domestic Violence Act
- The willingness of each parent to foster a positive relationship between the child and the other parent
Illinois statute sets forth different types of custody, including joint and sole custody. Your child support lawyer will help you secure the type of custody you seek. The primary distinction between joint and sole custody lies in the major decision making area, it does not affect Child Support. When parents share joint custody, they enter into a Joint Parenting Agreement, which generally includes language that they shall make major decisions concerning the child's residence, religious upbringing, medical and educational decisions together. Your lawyer will help you negotiate these points, but in the event you and your former spouse cannot agree, you must attend mediation, where you and your lawyer will consider the nonbinding judgment of a third party prior to returning to Court.
Whether the parents have joint or sole custody, both parents participate in the child's life in terms of visitation/parenting time, payment of child support, access to medical and educational records. Unless there is agreement between the parties or a court order, neither party may permanently remove the child to reside outside the State of Illinois. Illinois statute provides that parties disputing custody must attend Mediation to attempt to resolve the issue. Your lawyer can help you make the most of mediation to make a Joint Parenting Agreement.
If the mediation is not successful, your lawyer will guide you through discovery, pretrial conferences and eventually trial. During the process the Court may appoint a guardian ad litem, child representative or lawyer for the child. The Court may also appoint its own investigator to make recommendations to the Court.
Child custody trials can be very stressful, lengthy and costly for everyone involved. The parties are usually involved in providing details about the bad decisions and actions by the other party, which can result in long-term bitterness between parents. The divorce process is traumatic enough for your child, let along the distress a custody trial can bring to a child. Our firm encourages you to obtain an experienced lawyer who will assist you in negotiation or a trial, if necessary.
The experienced child support lawyers at the Law Firm of Thaddeus M. Bond, Jr. & Associates, P.C, serving Chicago, Lake Country, and Waukegan, know how to make sure your children are protected, not harmed by the divorce. Call or email us today to set up your free initial consultation.
View a questionnaire for new clients.
View a sample contract.
Our Chicago child custody lawyers serve clients throughout Illinois including Chicago, Libertyville, Vernon Hills, Gurnee, Grayslake, Lake County, and Waukegan.
847-599-9101 • Email Us
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