Chicago High-Conflict Child Custody Lawyer

Chicago High-Conflict Child Custody Attorney

Navigating high-conflict child custody cases in Illinois regarding the allocation of parental rights and responsibilities can be both challenging and emotionally charged for the parents and children involved. A Chicago high-conflict child custody lawyer can help you understand the state law and know the most beneficial options for your child going forward.

Why Choose Schaffer Family Law, Ltd.?

At Schaffer Family Law, Ltd., we understand how emotionally taxing a high-conflict child custody battle can be. Our legal team knows Illinois law surrounding child custody and has a track record of success for our clients. We work diligently for you and your child’s interests.

What Is a High-Conflict Custody Case?

In Illinois, a high-conflict custody case occurs when the parents are not able to reach an agreement on major issues regarding their parenting. In high-conflict situations, the parents often dispute over issues like parenting time, decision-making, and other parenting-related issues. High-conflict cases can arise when one or both parents want to change an already existing agreement. This is also common in high-conflict divorces.

Allocation of Parental Rights and Responsibilities

Illinois no longer uses the term “custody” in most cases. Instead, the law has shifted to include the parental rights and responsibilities of both parents. The purpose of this change is to focus on the child’s interests and have both parents involved in the child’s upbringing.

With this model, parents are given decision-making responsibilities (major decisions including education, religion, and health care) and parenting time responsibilities (the physical time each parent gets to spend with the child). High-conflict cases are usually a result of disputes of these two responsibilities.

Primary Residential Parent

Illinois no longer uses the term “custodial parent” but “primary residential parent” instead. This refers to the parent with whom the child regularly resides. Even though a child may have a primary residential parent, both parents are still expected to have a presence in the child’s life. High-conflict cases can result if parents disagree on who should be the primary residential parent.

Calculating Child Support in Illinois

Illinois utilizes an income shares model when determining child support payments. In this model, both parents’ income and responsibilities are factored into the determination. Both parents’ incomes are combined to help calculate the total amount of support. Each parent is given a percentage of financial responsibility based on their income. If needed, adjustments can be made to factor in parenting time and other expenses.

Schaffer Law Firm, Ltd. follows the standardized guidelines set forth by the Illinois Department of Healthcare and Family Services (HFS) for child support calculations. This system provides precise clarity about potential financial obligations or entitlements you have. Enacting any changes to child support terms requires a court order. Modifications to child support usually occur only when there is a major financial change in the situation of either parent.

Modifying a Parenting Plan

Parenting plans define the timetable for parenting time as well as the distribution of parental rights and obligations. However, conditions in life frequently change, necessitating adjustments. The legislation in Illinois establishes particular conditions for submitting a parenting plan amendment request.

If a parent wants to modify the parenting plan within two years of the initial order, they must typically prove that a significant, unexpected change has occurred. This can include drastic changes in income, a change in work schedule that affects availability, relocation by a parent, especially out of state or country, and any issues that put the child’s safety in jeopardy, such as cases of abuse or addiction.

If the modification request occurs outside of this two-year window, the court can take special considerations into account if necessary. Overall, the child’s interest is the court’s main priority.

Why You Need a Lawyer

In high-conflict cases, it is important to have an advocate on your side who can fight for your rights on your behalf. An attorney can advocate for the fair allocation of rights and responsibilities, present evidence to the court, and help request modifications on your behalf. A family attorney in Chicago can pursue the most favorable outcome while mitigating the amount of conflict.

FAQs

How to Win a High-Conflict Custody Case?

To win a high-conflict custody case, focus on providing proof that shows your dedication to your child’s welfare if you want to win a high-conflict custody battle. Steer clear of arguments that belittle the other parent, keep track of your parenting activities, and demonstrate your ability to create a secure, caring environment for your child. Judges prefer cooperative behavior and a child-centered approach over animosity.

How Much Does a Custody Lawyer Cost in Illinois?

The complexity of the case and the attorney’s background determine how much it costs to hire a custody lawyer in Chicago, Illinois. In high-conflict situations, fees may escalate, and many attorneys bill on an hourly basis. To properly plan, it is imperative that you address charges upfront during your first session with your attorney.

What Looks Bad in a Custody Battle?

In a custody battle, your case can be harmed by negative actions such as not cooperating with the other parent, demeaning them in front of the child, or disobeying court orders. Evidence of abuse, neglect, or an unstable home situation can also have a big influence on a Judge’s decision. Anything that puts the child’s well-being or safety at risk will have a negative effect in a custody battle in Chicago, IL.

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

In Illinois, Judges give the child’s interests top priority and are at the forefront of the court’s decision-making process. Judges take into account things like each parent’s capacity to support the child, the nature of the bond between each parent and the child, their co-parenting cooperation, and any past abuse or neglect.

Contact Schaffer Family Law, Ltd. Today

Engaging in a high-conflict child custody case can be emotionally and physically taxing. Seeking professional legal help not only increases your chances of securing a favorable outcome but allows you to focus on what’s important and keep your efforts on caring for you family. Contact Schaffer Family Law, Ltd. today to learn how we can help.