Best Oak Brook Child Custody Attorneys
Best Oak Brook Child Custody Attorneys
Families and the children within them are unique. There is no one-size-fits-all solution when it comes to child custody, which is referred to as parental responsibility under Illinois law. It is essential for both parents who want to craft their own agreement to understand what is in the best interests of their child, not their own conveniences. When you turn to the best Oak Brook child custody attorneys, you will receive help creating a parenting plan that works for you, your child’s other parent, and, most importantly, your child
Determining Child Custody and Visitation in Illinois
Illinois law differentiates legal and physical custody. Legal custody involves the right to make crucial decisions about the child’s life, such as decisions related to education, religion, and medical care. Physical custody is where the child lives and whom they live with. The best Oak Brook child custody lawyers can help you understand both types of custody. One parent can have both legal and physical custody, or both parents could share both types of custody.
To make this determination, the judge will focus on what is in the best interests of the child. Illinois courts do not default to joint custody being in the best interests of the child. Their goal is to provide both parents with maximum involvement in the life of their child. If one parent has committed domestic violence, it is incredibly likely that both legal and physical custody will go to the other parent.
Can a Child Custody Order be Modified?
Whether the child’s parents crafted their own custody plans and had them approved by the judge or the judge created the order, custody orders are intended to be permanent. The courts do not want parents returning to court frequently to request a change to the orders. It’s generally not necessary and can tie up already busy family courts.
However, the courts acknowledge that there are circumstances that make a petition for a change of custody necessary. When this happens, you should let the best Oak Brook child custody attorneys handle your petition for modification. If your child’s other parent has requested the modification, you should also have an attorney on your side to represent your rights.
If two parents have a positive co-parenting relationship, they may be able to work out a new custody agreement with each other. The agreement can then be presented to the judge, who will approve the agreement if he determines it is fair and in the best interest of the child.
The parent filing the petition must establish that there has been a change of circumstances since the order or last modification was approved by the court. Â Â A change of circumstances is a change in the circumstances in the life of the child, the parent with the residential custody, or the parent without residential custody. Situations that might warrant a petition to modify custody orders include:
- You believe the child is in danger
- Either parent is considering a move to a distant location
- The other parent repeatedly ignores the visitation schedule
- One parent passes away
Turn to the Best Oak Brook Child Custody Lawyers for Help
Don’t settle for a custody arrangement that ruins your family and drains your finances. At the Goodman Law Firm LLC, we can provide clarity to your custody matters and recommend specific strategies based on your circumstances. If you are ready to explore your legal options for child custody, contact us today to receive your child custody consultation with the best Oak Brook child custody attorneys.
FAQs About Divorce in Illinois
What should I do if I have been served with divorce papers?
If you have received service of divorce papers, contact an experienced divorce attorney to review the documents, understand your rights, and plan your next steps. Time is critical in divorce proceedings, and having skilled legal counsel from the start can make all the difference.
How can I prepare for my initial consultation with a divorce attorney?
Bring documents such as financial records, prenuptial agreements, and a list of any questions you have. Be prepared to discuss your relevant goals and concerns openly and honestly. The more information you provide, the better we can assess your situation and develop a strategy that serves your best interests.
How are collaborative law, mediation, and negotiation different?
- Collaborative law is a structured process where both parties and their attorneys commit to resolving the divorce without going to court. It involves open communication and cooperation, with the goal of reaching a mutually beneficial agreement.
- In mediation, a neutral third-party mediator facilitates discussions to help divorcing parties reach a mutual agreement. Rather than making decisions, the mediator guides the negotiation process toward productive outcomes.
- Negotiation involves discussions between the parties directly or their attorneys to settle divorce terms. Unlike mediation, there is no neutral third party.
What should I expect during the divorce process?
The process typically involves filing for divorce, exchanging information, negotiating terms, and finalizing the agreement. If negotiations fail, courtroom litigation will become part of the process.
What happens if my spouse refuses to cooperate during the divorce?
If your spouse is uncooperative, the court may have to intervene to resolve disputes. At Goodman Law Firm, our attorney has experience in handling contentious cases and will advocate for your interests even in circumstances where spousal cooperation is limited.