Child custody and visitation issues are a major concern for Naperville parents who are getting a divorce. If both parents cannot agree and put their children’s well-being first, they may wind up in an emotional and contentious battle in the courts that could hurt the entire family.
Since child custody issues are so sensitive and important, we recognize the profound impact on families and children alike. Divorcing parents should have the help of an experienced Naperville child custody attorney to make sure they and their children are protected.
Our experienced legal team is committed to providing personalized and strategic legal solutions tailored to the unique dynamics of each case. We are here to guide you through the legal intricacies with compassion, ensuring that your children’s well-being remains the focal point of our efforts.
Your child’s future is our priority. Trust Wolfe & Stec to be your advocates in Naperville child custody matters, where legal expertise meets genuine care. Schedule a consultation today at 630-305-0222, and let us embark on this journey together to ensure a brighter future for you and your child.
Contact Wolfe & Stec at 630-305-0222 to book a free phone, video, or in-person consultation.
At Wolfe & Stec, we understand that child custody cases require a delicate balance of legal expertise and empathy. Our approach is centered on advocating for your child’s well-being and best interests while guiding you through the legal process with clarity and support. We recognize each family’s unique dynamics, and our attorneys are committed to crafting customized solutions that address your specific needs. Here are some reasons to choose us.
Here are ways our child custody attorneys can help.
Custody law changes in Illinois have updated the concept of and terminology concerning child custody and parental visitation. In 2016, the Illinois Marriage and Dissolution of Marriage Act removed the terms “custody” and “visitation” and substituted the terms “parenting time” and “allocation of parental responsibilities.” Instead of talking about sole and joint custody, there is now a more child-centered approach focusing on the best interests of the child.
The goal is to encourage parents to have a healthy and safe relationship with each other, reduce disputes over who is the “custodial parent,” and eliminate making one a winner and the other a loser. Parental responsibility and time arrangements should be made so children’s lives are disrupted as little as possible regarding school schedules, activities, and friendships, depending upon the specific family circumstances.
Determining custody arrangements in Illinois hinges upon carefully analyzing the child’s best interests. To ascertain this, the presiding judge takes into account a comprehensive array of factors, ensuring a thorough evaluation:
In line with the emphasis on familial unity, siblings are typically kept together in the same household. Nevertheless, the judge may exercise discretion in cases where the child’s special needs or unique family dynamics necessitate separation, allowing for a tailored approach to custody arrangements.
Notably, Illinois custody laws stipulate that the court should refrain from factoring in a parent’s marital conduct when deciding child custody unless such conduct demonstrably impacts the parent’s relationship with the child. This provision underscores the focus on the child’s well-being and shields custody decisions from irrelevant considerations.
In Illinois, the likelihood of a single parent obtaining full custody is relatively low. The legal framework begins with the presumption that both parents will actively participate in raising the child. The designation of “full custody” (sole custody) is sparingly granted, typically only if one parent is deemed unfit. While one parent may be named as the primary or majority custodian, the other parent is almost always granted regular visitation (parenting time) and shared legal custody.
Contrary to any notion of gender bias, the Illinois courts do not consider gender as a determining factor in custody decisions. While it’s true that mothers are more frequently awarded primary custody, especially with younger children, this is often a reflection of historical caregiving roles. The legal framework explicitly affirms equal rights for fathers, emphasizing that dads have equivalent legal standing. However, effective legal representation may be necessary for fathers to assert their rights within the legal process.
Courts in Illinois exercise caution in revoking custody rights, but a parent may be considered unfit for physical custody based on specific grounds. These grounds include abandonment, neglect, child abuse, domestic violence, substance abuse, severe mental health issues, or involvement in criminal activities. When a parent has exhibited abusive or reckless behavior, the court may limit contact to supervised visitation.
Custody rights are unaffected by marital status. Even an unmarried father holds the potential to secure primary or sole custody. In cases where the father has not been actively involved in the child’s upbringing, establishing paternity is a prerequisite. The father can petition for visitation or supervised visitation before pursuing an expanded parenting role.
If you are facing child custody issues in Naperville, Wolfe & Stec is here to help. Schedule a consultation with our experienced legal team to discuss your case and explore your options. We are dedicated to providing comprehensive and compassionate representation, ensuring the best possible outcome for you and your children. Contact us at 630-305-0222 for a free case consultation. Let us guide you through the legal process and work toward a resolution protecting your children’s future.