Family Law Custody Rights Attorney

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.

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).