Kane County Child Custody Attorneys
Child custody is often the most difficult and emotional issue arising during a divorce or post-divorce proceeding. With over 50 years of combined experience in handling child custody cases dealing with various issues, the attorneys of Shaw, Jacobs, Goostree & Associates, P.C., work with clients to achieve the most successful child custody solution possible.
In Illinois we have two types of custody, sole custody and joint custody.
In a sole custody situation, the child resides with the custodial parent and that parent has the authority to make all decisions affecting the child. The non-custodial parent has no decision making authority for major decisions, but only day to day decisions while the child is in his or her care.
Under a joint custody situation, the child generally resides with only one of the parents, known as the residential parent; however, both parents have joint decision making power for major decisions. Under a joint custody, the parties must have a written parenting agreement which provides a basis for the parenting of the child. For joint custody to be successful, both parents must be able to put aside their differences and communicate effectively to discuss and agree upon on all major issues affecting the child. In the event the parents are unable to come to agreement, generally, Joint Parenting Agreements require mediation prior to court intervention.
Typically, under either sole custody or joint custody, the non-residential parent is required to pay child support to the residential parent. The amount of visitation for the non-residential parent is not affected by the type of custody. In either situation, the non-residential parent may be awarded extensive time with the child if it is deemed to be in the child's best interests.
When the parties cannot agree on custody, the court is required to award custody to a parent based upon the best interests of the child. In determining the best interests of the child, the court is required to consider the following:
- The wishes of the child’s parents as to his or her custody.
- The wishes of the child as to his or her custodian (if the circumstances are appropriate).
- The interaction and interrelationship of the child with his or her parent or parents, his or her siblings and any other person who may significantly effect the child’s best interests.
- The child’s adjustment to his home, school and community.
- The mental and physical health of all individuals involved.
- The physical violence or threat of physical violence by the child’s potential custodian, whether directed against the child or directed against another person.
- The occurrence of ongoing abuse as defined by the Illinois Domestic Violence Act whether directed against the child or directed against another person.
- The willingness and ability of each parent to facilitate and encourage a close and continuing relationship between the other spouse and the child.
- Whether either party is a sex offender.
Call us Today at 630-584-4800 for a Free Consultation!
Our Illinois child custody attorneys represent clients in Kane County, DuPage County, Kendall County and DeKalb County, including Geneva, Batavia, St.Charles, Wayne, Wasco, Elburn, Virgil, Lily Lake, Aurora, North Aurora, Elgin, South Elgin, Bartlett, Gilberts, Millcreek, Maple Park, Kaneville, LaFox, Yorkville, Oswego, Plano, Sugar Grove, Big Rock, Bristol, Newark, DeKalb, Sycamore, Naperville, Wheaton, West Chicago, Winfield, Warrenville, Downers Grove, Lombard, Oak Brook, Streamwood, Hoffman Estates, Schaumburg, and many other cities. We represent clients who are from the U.K. and from other countries as well.
Please call the St. Charles Illinois child custody attorneys of Shaw, Jacobs, Goostree & Associates, P.C. at (630) 584-4800 to ask a question or set up a confidential free initial consultation.