Glen Ellyn Child Custody Lawyer
As a parent, you know that few things in life mean as much as the relationship you have with your child. However, if you’re facing a child custody case, you know that your relationship with your child is in jeopardy. Child custody cases can be extraordinarily difficult, but you don’t have to face them alone. If you need a Glen Ellyn child custody lawyer, Wolfe & Stec, Ltd. is here for you.
How Child Custody Is Determined in Glen Ellyn
A Three-Step Process
In Illinois, child custody cases don’t always make it to the courtroom. Usually, it’s easier and less stressful for everyone if the parents can come to an agreement themselves. Here’s a brief overview of the process of determining custody in Illinois:
- If the Parents Agree: They come up with a parenting plan and submit it to the court for approval.
- If the Parents Disagree: They attend required mediation to help them come to an agreement.
- If Mediation Fails: The matter goes to a judge, who determines the best custody arrangement for the family.
Even if you don’t end up going through the courts, a child custody lawyer in Glen Ellyn is a critical part of determining an arrangement. An experienced Glen Ellyn child custody lawyer can offer valuable advice on how to put together a parenting plan, submit that plan to the court, and resolve disputes with the other parent.
Even if your custody case doesn’t have to be decided by a judge, a child custody lawyer in Glen Ellyn can offer valuable advice and advocate for your rights.
Filing a Parenting Plan
If you and the other parent can agree on responsibilities, submitting a joint family plan is often best. This plan must include specific details:
- How much time the child will spend with each parent
- Where the child will live
- How the child will be transported between parents
- How each parent will receive important information.
Even if you and the other parent have an amicable relationship, a Glen Ellyn child custody lawyer can help both of you ensure your parenting plan includes all relevant details and is filed properly.
If Mediation Is Needed
If child custody is contested, Illinois requires parents to attend mediation. The mediator is a trained third party. Mediators may not make decisions for you, but they may be able to help you come to an agreement together.
Even if you and the other parent don’t agree, it’s still wise to put together a proposed parenting plan on your own. The mediator can review your plan and offer feedback. When you come ready with a proposed solution, it is more likely that you and the other parent can come to an agreement without needing to involve the courts. A Glen Ellyn child custody attorney can help you create an effective plan.
Coming face-to-face with the other parent can be highly stressful, particularly if you have a contentious relationship. It’s in your best interests to stay calm and collected. However, it’s important to know that under Illinois law, what is said in these meetings is confidential.
If Mediation Fails
Letting the Courts Decide
Sometimes, even mediation cannot help parents come to an agreement on what’s best for their child and their family as a whole. In this case, a family court judge will make the ultimate decision.
Having a skilled Glen Ellyn child custody attorney by your side during a custody case is always important. But it’s never more important than when you’re facing a judge. Decisions made by the judge are final and legally binding, so it’s imperative that you have strong legal representation. Your attorney will be able to put together a strong, cohesive argument for why awarding you custody is in the best interests of your child.
Several different factors can influence a judge’s decision in a custody dispute. When it comes to these disputes, family court judges prioritize the child’s well-being above all. However, unless there are concerns about the child’s safety, most judges will try to maximize the participation of both parents in the child’s life.
That might sound like the courts will always aim for 50/50 custody, but unfortunately, things are almost never that simple. Instead, before making any decision, a family court judge will take several factors into consideration.
The Child’s Relationship with Both Parents
This factor takes into account the time spent with each parent as well as the emotional relationship the child shares with each one. For example, if the child is emotionally close to both you and the other parent, judges are more likely to consider 50/50 custody or a similar arrangement. However, if the child is close with you and the other parent is barely involved, you’re more likely to be awarded primary custody.
The Child’s Overall Health
Shuttling back and forth between parents can be stressful even for a very healthy child. If a child has a chronic illness or disability, a judge might try to work out an arrangement that minimizes travel back and forth.
The Child’s Age and Preferences
In Illinois, family courts make an effort to consider a child’s wishes if the child is old enough to express them. After all, the ultimate purpose of family courts is to work out a solution that works best for the whole family — and when it comes to child custody cases, that includes the child.
The Health (Psychological, Physical, and Financial) of Both Parents
Courts take the health of the child into account, so it only makes sense that when it comes to custody decisions, they also evaluate the health of the parents. If you or the other parent are having trouble managing a physical or psychological condition, the court might determine that you’re not equipped to care properly for the child.
Financial health is also of great importance. It costs money to raise a child and to meet all of their needs. If one parent is facing significant financial hardship, the court might see that as a sign that that parent might not be able to properly care for the child if awarded primary custody.
Each Parent’s Role at Home
When parents live together, they share parenting responsibilities. However, in most cases, one parent is a bit more involved than the other. This usually is not the sole determining factor when it comes to custody. However, if you are the person in the more active parenting role, you and your attorneys might be able to highlight that role and use it as an argument for primary custody.
Any History of Substance Abuse or Violence
Family courts certainly take into account each parent’s preferences. However, if one parent has a recent history of substance abuse or a history of violence (and especially violence against the child or the other parent), courts will probably think twice before giving them any significant kind of custody.
If the other parent does have a history of substance use or violence, a child custody attorney in Glen Ellyn may be able to use that history to argue that the child is better off with you.
There are many factors that impact your child custody case, and you need an experienced child custody attorney in Glen Ellyn to help you identify them. Call us today at 630-305-0222 and set up your free initial consultation.
Frequently Asked Questions
Understanding how child custody laws work can be confusing. Here are some common questions and their answers.
If there’s no court order, who has custody?
In most cases, if there’s no court-ordered custody arrangement, both parents have equal rights to the child.
What if the parents were never married?
Under Illinois law, if parents haven’t ever been married, the mother has sole legal custody and decision-making rights until paternity is legally established.
If the case is decided by family courts, do mothers have more rights?
No. Mothers and fathers have equal rights, and there is no legal presumption that a child will automatically be better off with the mother.
What if I am not awarded legal custody?
If courts do not award you custody of your child, you can still pursue visitation rights. A Glen Ellyn child custody attorney can help you with this.
As you can see, child custody cases can quickly get complicated. A Glen Ellyn child custody lawyer can help you understand your options and pursue the best course of action for you and your child.
Why Choose Us?
Child custody disputes can be emotional minefields. If you want to maximize your chances of gaining full or partial custody, you need a confident, experienced Glen Ellyn child custody lawyer to be your advocate.
At Wolfe & Stec, Ltd. we understand that there’s no such thing as a “typical” child custody case. Every family faces its own set of circumstances and challenges, and that means every family needs its own unique solution. Our Glen Ellyn child custody attorneys are prepared to work with you to build a case and help you navigate all the challenges that come with child custody cases.
If you find yourself in need of a Glen Ellyn child custody attorney, don’t delay! The sooner we can get to work on your case, the better your chances of a successful outcome.
Give us a call at 630-305-0222 to speak to a child custody attorney in Glen Ellyn today. Your initial consultation is free.
