Naperville Child Custody Lawyers

Trusted Child Custody Attorneys Advocating for Parents in Naperville, Illinois

A divorce can come as a major shift in your family's structure. When you and your ex end your marriage, you will have to decide how to allocate certain rights and responsibilities regarding your child. Since 2016, Illinois lawmakers have begun introducing statutory language that makes child-related matters appear less contentious. In part, these efforts have resulted in removing the term “custody” from the general statutory scheme, replacing it with language like “parenting time” and “allocation of parental responsibilities.” Despite this, many parents still talk about getting “sole custody” or “joint custody” in divorce and parentage cases. A Naperville, IL family law attorney can help you in developing a parenting plan that serves your child's needs and best interests.

At Fay & Farrow, we know just how meaningful child custody can be for parents. We are here to stand up for your rights, providing you with devoted counsel and representation to make sure that your voice is heard.

Dividing Parenting Time in Illinois

When parents decide to separate or divorce in Illinois, one of the most important questions is how to divide or allocate parenting time between the parties. The foundational goal is to create a parenting schedule that meets the needs of your child(ren), while also respecting each parent’s role in the child’s upbringing. Under Illinois law, the paramount consideration is the best interests of the child. In determining this, judges consider multiple factors such as the child’s age, school schedule, and the child’s adjustment to home, school, and community.

Parents can agree on a schedule and submit it to the court for approval, which is typically called an Allocation Judgment or Parenting Plan. If parents cannot agree, the court may direct the parties to mediation, or in more contested cases, possibly appoint a Guardian Ad Litem (GAL) or Child Representative. A mediator is a neutral, third-party professional who can help parents work out a parenting plan. Mediation can save time and reduce stress, since it avoids a full hearing before a judge.

Assigning Decision-Making Responsibility in Naperville Divorces

The issue of decision-making concerns the assignment of responsibilities between the parents in regard to whether a parent will make decisions jointly or have sole authority for one or more significant issues affecting a child, such as the child’s education, extra-curricular activities and involvements, health and medical treatments, and religious upbringing.

Joint decision-making requires parents to discuss and agree on important choices concerning their child. If communication breaks down, it can lead to conflict and delays in making important decisions. In those situations, a judge may award one parent sole decision-making responsibility. Sole decision-making gives one parent the final say on a particular major issue. To request sole decision-making authority, a parent must show that joint decision-making would be harmful or impractical to the child’s well-being. Courts consider and weigh factors such as any history of domestic violence, substance abuse, or a parent’s inability or availability to care for the child.

Each family’s situation is unique. Joint custody may work well when parents maintain a functional and generally respectful relationship, whereas sole custody may be best if one parent is unavailable or poses a risk to the child. Whatever arrangement is in place, parents can revisit custody orders in court upon a change in certain circumstances. Parents can petition the court to modify parenting time or decision-making when there is a significant change, such as a move, a new job, or changes in the child’s needs.

Contact a Naperville, IL Child Custody Attorney

At Fay & Farrow, we understand how important it is to secure a workable custody and parenting time arrangement that protects your child as well as your parental roles. We will listen to your concerns, discuss your options regarding your child(ren), and work to create a parenting plan that supports your child(ren)’s best interests. Call 630-961-0060 or contact our Naperville, IL child custody attorneys to set up your free initial consultation today.