Child Visitation Lawyer
Get Help from a DuPage Child Visitation Lawyer
When parents divorce, child visitation and custody can be a major point of contention between them. While it’s best for divorcing parents to work together to devise visitation arrangements that are convenient for both parents and in their child’s best interests, parents don’t always agree on the best way to do so.
Disagreements can degenerate into major battles that are harmful to all parties involved. To help prevent problems when making important decisions concerning child visitation and custody, it makes sense to have guidance from an experienced and knowledgeable family law attorney.
The seasoned Illinois family law attorneys at Wolfe and Stec, Ltd. have extensive experience assisting families in developing child custody and visitation arrangements. We understand that these issues can be difficult for parents and children, so we focus on providing solid and compassionate legal services throughout the process.
When you choose us, you will find that our family lawyers are special. We will:
- Meet with you to determine what your needs are, as well as those of your divorcing spouse and those of your children
- Handle your case with sensitivity, respect, and discretion
- Investigate your situation and cut through arguments and confusion to find the best solutions possible
- Help develop and implement visitation plans that suit your lifestyle and that of your divorcing spouse
- Be there to fight for your rights and advocate for you should problems arise.
Do not delay! Call us today for a case consultation at 630-305-0222.
Why Choose Us?
If you are looking for a child visitation defense lawyer in the local area, there are several reasons why you should work with us.
They include:
- Expertise: While every lawyer goes to law school, not every lawyer specializes in child visitation and child custody issues. Our lawyers have a significant amount of expertise in this area, and we have an unparalleled level of experience. We can use that experience to help you make sure your rights are protected.
- Case Results: We have a long track record of prior success in this area. We invite you to take a look at our previous cases to see what we have done for our other clients. We are confident that we can do the same for you.
- Client Reviews: We encourage all of our previous clients to write reviews of our service because we want our future clients to read them for themselves. Take a look at what our previous clients have to say, and we are confident that you will see a theme of professional, compassionate, and strong legal representation.
- Care and Compassion: We understand that this situation can be stressful, and we will be with you every step of the way. We will treat your situation with care and compassion, making sure that you are as comfortable as possible as the situation unfolds.
It would be our honor to represent you, so do not hesitate to reach out to us to schedule an initial case consultation. Remember that these initial consultations are free.
How We Can Help You
If you partner with our team, there are plenty of ways that we can help you. Some of the ways our child visitation attorneys can assist you include:
Collect Evidence
When there is a child visitation situation, we need to collect as much evidence as possible to support your case. This could be communications between you and other parties, your child’s medical records, academic records, and anything else supporting your point of view.
Discovery Motions
A lawyer for child visitation from our team can also file discovery motions. There is a chance that the other party may have evidence we can use, and we need to make sure that we see everything they could use in court.
Negotiate
You need someone who can negotiate with the other party from an objective point of view, using the law as a source of support. We can negotiate with the court system, opposing counsel, and anyone else who might be involved to ensure we put you in the best position possible for success.
Draw Up an Agreement
Sometimes, the lawyer has to draw up an agreement from scratch. We can use our knowledge, experience, and your best interests to craft an agreement that we feel is favorable to you. We understand what different child custody arrangements and child visitation agreements look like, and we can keep you involved as we draft yours.
Legal Guide
We will act as your legal guide if you have to go to court. We know it can be stressful if someone has never been to court before, and we will ensure that you are comfortable before we set foot in the courtroom.
These are just a few ways we can help you with your child’s visitation and custody issues. The sooner you get us involved, the easier it will be for us to control the narrative of your case, so reach out to us today to schedule your initial case consultation.
Visitation Attorneys Explain Changes in the Law
The Illinois Marriage and Dissolution of Marriage Act covers custody and visitation issues. The Act allows reasonable visitation for the parent who does not have primary physical custody of the child “unless the court finds, after a hearing, that visitation would seriously endanger the child’s physical, mental, moral, or emotional health.”
Attitudes toward parental custody and visitation are changing. In the past, the courts would give one parent “custody” and the other parent “visitation.” However, on January 1, 2016, the revised Illinois Marriage and Dissolution of Marriage Act changed this vocabulary.
Instead of “custody,” the courts now refer to the decision-making issues for the child as the “allocation of parental responsibilities.” The new term for visitation is now “parenting time.” One parent may still have most of the decision-making responsibilities, or these responsibilities may be split between the parents.
Regarding parenting time, children may spend most of their time with one parent, or they may split their time evenly with both. Deciding how much time the children will spend with each parent and which parent will have decision-making authority for the major issues must be determined according to the child’s best interests.
Visitation Lawyers Discuss Arrangements and Rights
Many divorced parents now share physical custody of their children, moving them between households on a regular basis, but many still have an arrangement where the child lives with one parent and the other parent has regular visitation rights.
Depending on circumstances such as the children’s ages, the parents’ work schedules, and the distances between homes and schools, visitation options may include:
- Co-parenting (where each parent has the child 50% of the time)
- Summer and extended vacation visitation
- Alternate weekends
- Weekday visitation
- Holiday visitation
- Open internet or telephone contact/visitation.
Assuming that it is in children’s best interests to have regular contact with both parents, Illinois courts restrict a noncustodial parent’s visitation rights only when finding that visitation would seriously endanger the child’s physical, mental, moral, or emotional health.
The custodial parent must first prove that visitation with the noncustodial parent will endanger the child’s well-being. Even if serious abuse is proven, the courts probably will still permit some visitation, but with supervision or restrictions, such as prohibiting overnight visits or visits while the parent is under the influence of mind-altering substances.
Child Visitation Attorney in Woodridge Helps with Parenting Agreements and Schedules
Our Attorneys Know It’s Better to Reach an Agreement
When parents can agree on an arrangement for parenting time and allocation of responsibilities and draw up a “Joint Parenting Agreement” on their own, it is almost always preferable to litigation.
When the court accepts your Joint Parenting Agreement, it becomes the Joint Parenting Order and becomes legally binding, and both parents must follow it.
In developing a parenting schedule, you should include the following:
- A residential schedule that shows weekday and weekend parenting time under normal conditions
- A holiday schedule for how to split holidays and special occasions
- A summer break schedule that shows how parenting time will be split during summer break
- The time when each parent may take a vacation with the child
- Provisions such as the right of first refusal, when a parent must first offer the other parent the opportunity to take the child if the parent is leaving the child with a child-care provider.
You can include the schedules on a calendar in your parenting agreement. The court will make one for you if you and the other parent can’t agree on a visitation schedule.
Visitation Lawyers Determining Best Interests
If parents do not agree, the court will examine the facts of the case and use the “best interests of the child” standard in reaching its decision. Factors the courts will consider include:
- The wishes of the child, depending on age and maturity
- The amount of time and resources each parent has put into taking care of the child in the preceding two years
- Prior agreements between the parents
- The relationship between each parent and the child
- The interaction between the parents and any other adult who may significantly affect the child’s interests
- The distance between the parents’ residences; the cost and difficulty of transporting the child; each parent’s and the child’s daily schedules; and the ability of the parents to cooperate in the arrangement
- Physical violence or threat of physical violence by the child’s parent directed against the child or other member of the child’s household
- The mental and physical health of all individuals
- Any adjustments a child must make in communities, schools, and homes.
Visitation Lawyer In DuPage County Discusses Visitation and Moving
When one parent wishes to move, it can create parenting time problems. Illinois law provides that a parent who has not been granted significant decision-making activities will be entitled to a reasonable parenting time schedule with the child, which can be difficult if one parent moves a distance away.
Therefore, Illinois law (750 ILCS 5/600(g)) has specific distance limitations on how far a parent can move with a child, even within Illinois, without getting permission from the parent or a judge.
Parents who do not have the majority or equal parenting time may move wherever they want, but there are restrictions for parents who have the majority or equal parenting time with their children. These parents can move in the following situations:
- Less than 25 miles from the child’s current primary residence in Cook, DuPage, Kane, Lake, McHenry, or Will Counties
- Less than 50 miles from the child’s current primary residence in any other county
- To another state that is less than 25 miles from the child’s current primary residence in any county.
- The child’s parents are not currently living together on a permanent or an indefinite basis, or
- One of the parents is deceased or has been missing for more than three months.
-
Is There a Standard Visitation Schedule the Courts Go By?
The Illinois Marriage and Dissolution of Marriage Act visitation statute does not contain any standard visitation schedule, but local courts may have rules that contain standard or suggested schedules for visitation.
Children may spend most of their time with one parent, or they may split their time with both, but neither parent is labeled “primary” or made to feel as the “secondary” parent.
Instead, factors that are considered when determining scheduling include:
- The age of the child
- The relationship between the parent and child
- The distance between the parent and child
- The school and extracurricular schedule of the child
- The availability of help from relatives
- Other factors affecting the best interests of the child.
-
What Role does Sole or Joint Custody Play in Determining Visitation Schedules?
Whether you have sole or joint custody doesn’t play a role in determining visitation schedules, and there generally may be no difference at all. “Joint” custody has more to do with your “parenting agreement,” which delineates certain responsibilities for each parent in making decisions in the major areas of a child’s life.
These include health, education, and religion. “Sole” custody can provide for as much visitation as joint custody, depending on what parents work out for the best interests of the child.
-
What Happens to Visitation When One Parent Moves Far Away?
When one parent moves far away, a new parenting time agreement should be made based on the child’s best interests and other factors. For example, suppose long distances are involved. In that case, the non-custodial parent is likely to have less frequent contact with the child but may have the child for longer periods, such as for most summer vacations.
-
Can the Child Refuse Visitation with a Parent?
Children are not allowed to refuse visits, but forcing an older child to visit a parent can be more complicated than with a young one. While a child won’t face sanctions for refusing visits, there may be consequences for the other parent who allows the refusal.
This is because both parents have the responsibility to encourage and facilitate visitation. Of course, older children may prefer to refuse visitation, but a court will cut off a parent’s visitation only in the most extreme circumstances.
The 25- or 50-mile limit is determined by the county you’re moving from, not the county you’re moving to. This can sometimes present problems — for example, if moving from a rural area to a congested city.
Even if parents who are moving do not need permission, they should always keep the non-residential parent notified of where the children are residing. If they are moving beyond the allowable distances, they must get permission to do so.
Do not delay! Call us today for a case consultation at 630-305-0222.
Visitation Lawyer Helps with the Rights of Relatives
Unlike parents, grandparents and other relatives do not have a legal right to visitation. However, a grandparent, great-grandparent, or sibling denied reasonable visitation may file a request for a visitation order from the courts if . . .
Other relatives, such as aunts, uncles, and cousins, do not have any legal right to visitation.
The court will issue a visitation order if it determines that visitation with close relatives is in the best interests of the child.
FAQs About Child Visitation Attorneys
Contact a Visitation Lawyer in DuPage County for Guidance
Visitation and child custody issues are complex and vital to your children’s well-being and adjustment. The facts and circumstances of every case are different, and the situations of parents and children often change, so it makes sense to seek legal counsel to reach the best arrangement for your family.
The skilled Illinois family law attorneys at Wolfe & Stec, Ltd., represent and advise clients in all types of matters related to making and modifying parental plans; we can also help you with child custody, child custody removals, and paternity issues.
Visit our firm’schild custody information center for valuable background information.
For a free initial consultation with an experienced and compassionate DuPage county custody lawyer, contact us today at 630-305-0222.
