Chicago Child Custody Lawyer

Chicago Child Custody Attorney

Making final decisions about the allocation of parental rights and responsibilities, formerly known as child custody, can be an extremely emotional process. These decisions should not be made lightly, as they dictate where a child will physically spend their time post-divorce and who will have the authority to make legal decisions on their behalf. Many factors weigh into such decisions, which is why you should hire a Chicago child custody lawyer for experienced legal support in navigating these agreements.

At Schaffer Family Law, Ltd., we understand the challenges associated with securing a parental rights arrangement while balancing the emotional toll of a divorce. Our experienced Chicago family law attorneys take our role seriously in helping our clients with these legal matters during difficult times. Whether you need to negotiate a new agreement in court, discuss the details of a parenting time arrangement, or modify an existing agreement, we can help.

How Is the Allocation of Parental Rights and Responsibilities Decided in Chicago?

All parental rights and responsibilities agreements made in Chicago focus on prioritizing the interests of the child/children involved. There are many different factors that need to be evaluated by the court to reach final determinations that make everyone comfortable with how the children will be cared for after the parents divorce.

Here is a breakdown of how these arrangements are typically decided:

The Child’s Relationship with Each Parent

One of the most critical areas the court will look into when determining the allocation of parental rights and responsibilities is what type of relationship a child has with each parent. The court will evaluate how involved each parent has been in a child’s education, healthcare, and overall welfare. The parent who has been the most consistent and active figure in a child’s life will have the strongest case.

The Interest of the Children

To determine what is in the interest of a child, the court will evaluate a child’s physical, emotional, and mental health. The age of a child matters too. Older children or those who exude maturity will have their opinions taken more seriously than a child who might be too young to even understand what is going on. While their opinion is not the sole determining factor, it may be incorporated into the court’s final decision.

Parent’s Ability to Cooperate

The court in Chicago highly values cooperation between parents when making final parental rights and responsibilities decisions. In many cases, a judge will encourage the parents to try and develop a parenting plan together. If this exercise proves that they are able to communicate and co-parent effectively by working on this plan together, there is a higher chance they will be awarded rights and responsibilities. If one parent proves to be unwilling to cooperate, it could impact their ability to secure rights.

Two Different Types of Parenting Time in Chicago

When rights and responsibilities have been awarded to one parent, the other parent will be awarded some form of parenting time as long as there is no evidence they have been abusive or neglectful in the past.

The two main parenting time arrangements are:

Standard Parenting Time

A standard parenting time arrangement allows a parent to spend time alone with their child in a number of different settings. This can include a child spending the night with the parent, having a weekend visit, or even living with them during specific holidays. Parenting time arrangements like these help the child maintain a bond with the parent despite their inability to secure other parenting rights.

Supervised Parenting Time

Sometimes, the court finds evidence to suggest that issuing unsupervised parenting time rights to a parent could put the child in danger. This is typically true in circumstances where a parent has a history of being neglectful or abusive. Substance abuse is also another area of concern. During supervised parenting time sessions, a third-party individual, like a social worker, may be assigned to monitor the session to ensure the child’s safety.

FAQs for Chicago Child Custody Lawyers

How Much Do Child Custody Lawyers Cost in Illinois?

The cost of child custody attorneys in Illinois depends on many different factors, such as how much experience they have and how complex the matters of your case are. It is recommended that attorney fees and payments be discussed at your first consultation meeting. Many lawyers charge by the hour, which means longer cases would be more costly.

What Do Judges Look for in a Child Custody Case in Illinois?

Some of the factors that a judge will look for in determining a child custody case in Illinois are the type of relationship a child has with each parent and their capacity to provide a stable home environment and upbringing. Other areas that may be evaluated include both parents’ mental and physical health, what preference a child might express, and if either parent has a history of engaging in any unhealthy behaviors.

How Can a Man Get Full Custody of His Child in Illinois?

Any parent wanting full custody of his child in Illinois needs to make it clear to the court that he or she possesses the characteristics of a fit parent. Proving that one can provide a nurturing environment that will not compromise the health and safety of the child will go a long way. Gender has no bearing on whether a parent is a capable parent, and the court makes it clear that fathers and mothers have the same legal rights to seek full parental rights and responsibilities.

Can Custody Agreements Be Changed in Illinois?

Yes, any parental custody arrangement issued in Illinois is able to be modified when circumstances have changed. A change in one parent’s annual income, relocating to a new area, or new evidence of an abusive situation are all reasons why parental rights and responsibilities agreements are modified. A change in a child’s needs could also trigger a need to modify the existing agreement, like a new medical condition that needs additional care.

Contact Schaffer Family Law, Ltd., Today

No parent seeking parental rights and responsibilities in Illinois should feel like they have to go through the process alone. The dedicated team at Schaffer Family Law, Ltd. is prepared to start the process of defending your rights and securing an advantageous arrangement for your child. Contact us today to learn more about how we can be your legal advocate.