Kane County Child Custody Attorney

Experienced Lawyer for Parental Responsibilities

Child custody, or the allocation of parental responsibilities as it is currently known, can be one of the most contentious issues addressed during family law cases. Illinois addresses child custody by using the "best interests of the child" standard. Courts will consider numerous factors when determining what custody arrangements will be in the child's best interest. These factors may include the parents' wishes, the child's relationship with each parent, the child's adjustment to their home and community, the mental and physical health of the parents and child, any history of domestic violence or abuse, and any other factors the court deems relevant. Therefore, before embarking on the child custody process, it is essential to understand the issues that may play a role in these cases, what to expect during the process, and any challenges that may arise. The best way to prepare to address these issues is to consult with an experienced child custody lawyer.

At Fawell & Fawell, our goal is to help parents understand the complex issues that can affect child custody cases while aiding parents and families in making informed decisions, with the ultimate goal of safeguarding the child's best interests. Our firm is equipped with up-to-date information and extensive experience in these matters, and we work to ensure that our clients can feel confident that they will be represented by a dedicated Kane County child custody attorney.

The Allocation of Parental Responsibilities

Illinois courts believe that it is in the child's best interest for both parents to be involved in the child's life. As a result, courts generally prefer to award parents joint parental responsibilities whenever possible. This means that both parents will be involved in decision-making about the child's upbringing, including when addressing issues related to education, healthcare, and religion. When addressing issues related to the allocation of parental responsibilities, parents must submit a parenting plan to the court. This plan will address subjects that include parenting time, transportation, extracurricular activities, and other important issues that will affect parents and children.

Parents may negotiate an agreed parenting plan and submit it to the court, and it will be approved as long as it is determined to be in the child's best interest. If parents cannot agree on a parenting plan, each parent may submit their own proposed plan, and the court will schedule a hearing and determine how to allocate responsibilities in a way that will provide for the best interests of the child. However, the court will usually encourage parents to work together to develop a parenting plan. This can foster a cooperative approach to co-parenting, ensuring that parents will be able to work together to benefit the child in the long run.

When Can Child Custody Be Modified in Illinois?

In Illinois, existing child custody orders can be modified based on changes in circumstances that affect the child's best interests. The court will usually only consider modifications to the allocation of parental responsibilities if at least two years have passed since the issuance of the most recent child custody order. However, exceptions may be made if there is evidence that the child's present environment significantly endangers their physical or mental health. Modifications to parenting time can be made at any point after a child custody order is issued, although evidence will need to be provided showing that these modifications are necessary to protect the child's best interests based on significant changes that have occurred. In many cases, modification requests are based on plans for parental relocation, although changes to parental responsibilities or parenting time may be appropriate in other situations where a family's circumstances have changed.

Contact a Kane County Child Custody Attorney

If you are getting a divorce and have children, you likely want to put yourself in the best position possible regarding child custody arrangements. To ensure you are equipped with the knowledge to make the best decisions possible, a skilled child custody lawyer can provide you with guidance and legal support. At Fawell & Fawell, our compassionate, experienced child custody attorney is committed to serving your best interests and helping you resolve matters in a way that will provide for your children's ongoing needs. To learn more about how we can help you, call 630-871-2400 or fill out a contact form for a no-cost consultation.