Chicago Child Custody Attorney

Chicago Child Custody Attorney

While the motivation behind it varies by parent, child custody is one of the most frequently contested elements of a divorce or separation. Some parents cannot imagine their lives without seeing their children every day, and some worry about what will happen to them while they are in the care of the other parent. Other parents are financially motivated in custody battles or want to make the divorce process difficult on the other parent. Our Chicago child custody attorneys are skilled negotiators that can help you and your soon to be ex-spouse determine a parenting plan that will meet both of your needs and the needs of your children. If your spouse is unwilling to negotiate such a plan, we will fight for your rights in court.

Legal Custody Versus Physical Custody

There are two types of custody that parents can be awarded in a divorce. Legal custody is the power to make crucial decisions for your children. Parents with legal custody will have the final say in where the child attends school, their religious upbringing, and any medical decisions that need to be made.

Physical custody is which parent the child will live with or how much time they will spend living with each parent. Keep in mind that both legal and physical custody can be split or assigned to one parent only, depending upon what the court believes to be in the best interest of the kids involved. Your Chicago child custody lawyers can help you understand more about how shared custody works.

How is Child Custody Determined in Illinois?

It used to be that mothers were the court’s preferred parent for physical and legal custody of the children. However, that has changed, and now gender has no bearing on the ruling of the court. The court looks at many different factors in the lives of the parents and children to determine the best course for child custody. 

When determining what is in the best interest of the child for custody, the courts consider:

• What the parents want
• What the children want
• Where the children currently live
• The children’s relationship with their parents, siblings, or anyone else that impact their best interest
• The mental and physical health of the parents and children
• The willingness of each parent to help cultivate a continued relationship between the child and the other parent
• If either parent is a sex offender
• Any history of domestic or child abuse by either parent

The courts are not permitted to consider any marital conduct when determining custody unless that conduct impacts the parent’s relationship with the child. Your Chicago child custody attorneys will ensure that the court is considering all legal factors when determining custody. 

Let Our Chicago Child Custody Attorneys Help You

At WARD FAMILY LAW, LLC, our Chicago child custody lawyers understand how draining custody battles can be. We work hard to protect your rights as a parent and to ensure your child is where they are safe and loved. Whether we need to negotiate with your spouse or take your custody issues before a judge, we do whatever it takes to achieve the best outcome for your family. Contact us today to learn more about how we can help.