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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.

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