DuPage County Child Custody Lawyers
Experienced Child Custody Attorneys in Lisle, Downers Grove and Naperville
During a divorce, child custody arrangements are often among the most emotional and heated issues to resolve. When both parents are fighting for custody, it is up to the court to determine what is in the best interest of the child. The court will take several factors into account, and the strength of the case presented by your legal counsel will play a major role in the decision made by the court. For this reason, it is important to have a seasoned family law and divorce attorney by your side.
At Momkus McCluskey LLC, our family law group has vast experience in child custody and related matters. We advocate strongly for the interests of our clients and work hard to reach an arrangement with which both sides can agree. We believe it is best to come to an agreement outside of court whenever possible. However, if there is no other way to secure an agreement you will be happy with, our skilled family law, civil litigation and appellate attorneys are prepared to strongly argue for your interests within the court system.
Child Custody Laws in Illinois
In general, only the parents of a child can petition the court for custody. However, there are exceptions to this rule, such as when a child is in danger or has been voluntarily or permanently placed with a non-parent. In such cases, a grandparent, stepparent or another person close to the child may petition for custody. The court will always consider the best interest of the child in deciding if custody should be awarded.
There are two different types of child custody in Illinois:
- Physical Custody: Also referred to as residential custody, this governs which parent the child lives with and sets out a visitation/parenting time schedule for the non-custodial parent.
- Legal Custody: This governs which parent has the right to make important decisions concerning the child; such as health, education and religious upbringing.
Sole vs. Joint Custody
In custody cases, one parent is awarded physical custody of the child and, in many cases, the non-custodial parent is required to pay child support. However, when it comes to legal custody, the court may give this responsibility solely to one parent or to both parents jointly. Joint custody ensures that both parents have input on how the child will be raised, but it is not always easy. A successful joint custody arrangement requires diligence, dedication and compromise on the part of both parents. For this reason, it is important for the divorcing parents to be on relatively good terms for such an arrangement to work.
No one child custody arrangement is best for every family. At Momkus McCluskey LLC, our skilled negotiators work hard to settle on an agreement that will protect the interests of our client as well as the best interest of our client's child. We try to craft this agreement without the involvement of the court. However, if litigation is necessary, you can rest easy knowing we have successfully tried numerous family law matters, including complex divorces and similarly difficult cases, in front of courts at every level of the Illinois judicial system.
For a consultation with an experienced child custody attorney in Illinois, contact Momkus McCluskey LLC today at 630-434-0400. We provide advice and counsel from our team of knowledgeable and compassionate child custody lawyers in DuPage County, Lisle, Naperville and Downers Grove.