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St. Charles, IL Child Custody Attorneys

St. Charles IL Child Custody Lawyer

Lawyers for the Allocation of Parental Responsibilities Serving Clients in Kane County

Child custody matters, now called the allocation of parental responsibilities, are some of the most hotly contested matters in all of family law. Whether part of divorce proceedings, post-divorce modifications, or paternity matters, issues related to parental responsibilities inspire strong emotions and aggressive legal maneuvering.

At the Kane County family law firm of Goostree Law Group, we are skilled in handling all types of child-related matters. As experienced negotiators and litigators, we know how to effectively advocate for our clients and their children’s best interests.

Skilled Child Custody Representation in Kane County

In Illinois, parental responsibilities include significant decision-making authority, which is to be allocated between the parents so that the best interests of the child are fully protected. This is thanks to recent changes to the law which eliminated the concepts of joint custody and sole custody in the state. Today, parents may share parental responsibilities, meaning that they share in the right to make important decisions regarding the child. A parenting plan is used to carefully spell out each parent’s rights and responsibilities in regards to the child(ren). We work closely with our clients to negotiate and draft parenting plans that are both effective and comprehensive so that everyone understands what is expected of them.

While a shared parenting arrangement is typically the preferred outcome for the court, one parent may be granted all significant decision-making responsibilities when the court feels it is in the best interest of the child. When one parent is granted such authority, that parent alone has the right to make decisions for the child without consulting the other parent. The parent who does not have primary custody of the child maintains parenting time rights – previously called visitation – in most cases, however. Residential responsibilities – where the child physically resides – may or may not be shared as well.

Child Custody FAQs


How Is Child Custody Determined in Illinois?

Answer: Child custody, which includes the allocation of parental responsibilities (legal custody) and parenting time (physical custody) is decided based on what is in the best interests of the child. Factors such as how involved each parent is in the child’s life, how adjusted the child is to their current community, and whether there is any history of abuse or family violence are considered.


Who Gets Primary Custody in Illinois?

Answer: While in the past, it used to be true that mothers were favored over fathers for primary custody, this is absolutely no longer the case. How custody is divided is based on what is in the child’s best interests. A number of factors can influence this decision. For example, if one parent is moving away from the community and support systems the child is familiar with, that parent is less likely to receive primary physical custody unless other circumstances indicate that remaining with the other parent would not be in the child’s best interests.


What Do Judges Look for in Child Custody Cases in Illinois?

Answer: There is a list of factors judges will consider when making custody decisions. Factors considered include things like the child’s preferences (depending on the child’s age and maturity), the mental and physical health of each parent, and the child’s relationship with each parent. However, one of the most important issues considered is whether the parents are willing and able to cooperate with each other to provide for their child’s best interests and whether parents are willing to put the child’s needs ahead of their own desires.


Can a Father Take a Child From a Mother in Illinois?

Answer: Fathers and mothers both have equal rights in Illinois, and they will usually be able to share parental responsibilities. However, it is important that neither parent remove a child from the care of the other parent without a court order. Violating a custody order or taking a child without permission while a custody case is pending may result in serious consequences.


Is Illinois a 50/50 State for Child Custody?

Answer: Mothers and fathers may receive 50/50 custody only if the court finds that this arrangement is in the best interests of the child after a careful evaluation. Parenting time, which is the legal term for time a parent spends with their child in their care, may be divided in any number of ways depending on what is best for the child. Legal decision-making rights are often shared equally between both parents.


What Is 50/50 child custody?

Answer: Generally, when people talk about 50/50 custody of a child, they are referring to an arrangement where the child splits their time evenly between each parent’s household. Additionally, 50/50 custody usually means that parents equally share the right to make decisions for their child, including choices about how the child should be reared, where they will go to school, and their medical care.

Negotiating and Litigating Parental Responsibilities and Custody Disputes

Ideally, parents should work together with their attorneys to negotiate an amicable child custody agreement. Our attorneys strive to resolve parenting matters as painlessly as possible with an emphasis on preserving familial harmony in the future. Unfortunately, that is not always possible. Child-related cases often become contentious and require litigation. We understand how important child custody issues are to our clients and we will aggressively represent your interests before a judge.

If you are involved in a custody dispute or need assistance negotiating a parenting plan, contact us at 630-584-4800 to schedule a free consultation. We will go over the details of your situation and explain your legal options. Our attorneys work closely with our clients to find effective and efficient solutions to child-related matters. We provide experienced legal representation to clients throughout Northern Illinois including Kane County and the surrounding areas.


Kane County Divorce Lawyers

A negotiated settlement is almost always the preferred outcome in a divorce, as the process is generally smoother and easier on the family as a whole. Avoiding trial will also speed up the divorce process and allow you and your spouse to exercise greater control over the outcome. Everyone wins when both parties are able to come together and make the difficult decisions related to:

While we strive to negotiate a favorable settlement for our clients in every case we take, we are always prepared to go to trial if negotiations fail. As strong litigators, we know how to effectively present our clients’ case to a judge.

Divorce For Older Couples

The divorce rate for couples over age 50 has more than doubled in recent years. This can be attributed to several factors, not the least of which is the desire to live an emotionally happy and satisfying life. With children grown and the number of years ahead of major concern, many older couples are choosing to go their separate ways.

Called "gray divorce", these cases have issues that are very different from younger couples. With more years together, there are often more complex assets including businesses and real estate, to divide. One or both spouses may be close to or already retired, impacting the payment of spousal maintenance. There may also be health issues to take into consideration. At Goostree Law Group, we have worked with couples of all ages, including many as they near their retirement years.

Kane County Attorneys With Your Child's Best Interest in Mind

Kane County Attorneys

At Goostree Law Group, we understand the emotional turmoil that comes with any family law issue involving children. While most parents try to protect their children and want the best for them, it can become difficult when opposing parties have different agendas.

Our experienced attorneys care deeply about our clients and their children. We will attempt to minimize conflict when possible but seek solutions in the courtroom when necessary. If you have an issue related to children including support, parenting time or parental decision making, we can help:

Family Law Attorneys Serving St. Charles, Geneva and Surrounding Areas

Family law includes many areas beyond divorce. If you are not yet ready to legally terminate your marriage, you may opt for a legal separation while remaining legally married to your spouse. If you are an unmarried parent, you may need to establish paternity for your child. Family law also includes the preparation of prenuptial and postnuptial agreements, which have become more and more commonplace in the world of marrying later, wealth accumulation, and multiple marriages.

The attorneys at Goostree Law Group have over 80 years of combined experience in the practice of family law. We represent parents seeking to establish paternity in order to receive support or to enjoy time with their child. We assist same-sex couples seeking to divorce and establish the division of assets from years of accumulation prior to legal marriage. And, we seek to protect our clients and their families from domestic violence through orders of protection. If you have a family law matter that needs legal guidance, contact Goostree Law Group today.

High Conflict Divorce Issues

High Conflict Divorce Issues

While some divorces are able to be resolved amicably, many are not. A variety of issues can lead to high conflict divorce situations including cheating, financial dishonesty, mental health problems, anger issues, and addiction. At Goostree Law Group, we are prepared to seek orders of protection against stalking and harassing behavior, as well as defend against false allegations.

Post-Divorce Changes, Enforcement and Modifications

Post-Divorce Changes, Enforcement and Modifications

Once a divorce is final, most people hope to move on with their lives without the need for attorneys and judges. Unfortunately, many divorces require legal intervention after the initial decree is final. Whether you have issues related to changes in circumstances, non-payment of support or parental conflicts, Goostree Law Group can help keep you moving forward.

Experienced Family Law Representation

Many different issues are resolved in the family court system, and our attorneys are experienced in handling all of them. From legal separation to paternity to orders of protection, we have successfully represented clients in many types of family law matters. Having an experienced family law attorney in your corner is essential. Odds are good that we have seen a case just like yours (or similar), and we can use that experience to achieve the best possible outcome in your case. Our attorneys are dedicated to protecting our clients’ rights and strongly advocating for our clients’ interests.

If you are in need of experienced and skillful divorce or family law representation, contact us at 630-584-4800 to schedule a free consultation. We will explain what you can expect from the legal process and work with you to plan a strategy for success. We work with clients throughout Northern Illinois including Kane County and the surrounding areas.

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