Hamilton & Antonsen
Family Law Custody Rights Attorney
Compassionate Custody Rights attorney in Joliet, Illinois
One of the most difficult issues in any divorce with children is the matter of custody. Emotions run high as parents fight to spend as much time as possible with their children. At the Joliet office of Hamilton & Antonsen, our team of Will County family law attorneys understand how difficult and stressful custody issues can be. Call the office at (815) 729-9220 today or contact us to schedule a free consultation of your Will County custody case and learn more about how the experienced attorneys at our Joliet office can help.
Custody Rights in Illinois
Illinois is one of many states that has adopted the Uniform Child Custody Act (UCCA), which recognizes a number of custody rights for parents, grandparents, and guardians in Illinois. Custody can refer to either physical or legal custody of a child. Physical custody refers to which parent the child primarily resides with. Legal custody, or “parental responsibilities” refers to the right of a parent to make decisions about the child’s upbringing and well-being, including decisions about schooling, religious upbringing, medical care, and extracurricular activities.
Custody can be either sole or joint. Sole custody means that one parent or guardian has the right to make ALL major decisions related to the child’s upbringing without requiring any input from the other parent. However, the parent without sole custody generally retains visitation rights. Joint custody means that the parents share in the responsibility of making decisions related to the child or children’s upbringing.
What Determines Custody?
If the parents cannot agree on custody or allocation of parental rights, the court will make a determination based on the child’s best interests. The initial presumption in Will County is that the child’s best interests are to have both parents involved in custody unless proven otherwise. A number of factors are considered when determining what custody arrangement is in the child’s best interests, including the following:
- The parents’ wishes
- The child’s wishes (if fourteen years or older)
- The child’s relationship with each parent,
- The child’s relationship with siblings
- The child’s involvement in school and the community
- The circumstances of the child’s home life
- The physical and mental health of the child as well as the parents
- Any history of domestic violence by either parent or any threat of physical violence against the child or any other person
- Each parent’s ability and willingness to foster a relationship between the child and the other parent
Our experienced Will County family law attorneys review your case and provide sound legal guidance on all custody issues with your child(ren). We will walk you along the Court process and will fight for you and your child(ren).