Best Child Custody Lawyers in Illinois

About Child Custody Law in Illinois, United States

Child custody law in Illinois focuses on determining the best interests of children when parents separate, divorce, or face disagreements regarding their upbringing. In Illinois, child custody is referred to as the allocation of parental responsibilities, which includes significant decision-making and parenting time (formerly called visitation). The primary concern of Illinois courts is to provide a stable, nurturing environment that serves the emotional, mental, and physical well-being of children involved in custody cases.

Why You May Need a Lawyer

There are several situations where seeking the assistance of a lawyer is highly recommended in Illinois child custody matters. These include cases where parents have conflicts over who should have primary responsibility for the child, when there is evidence of domestic violence, or if one parent wishes to relocate with the child. Legal assistance is also crucial when modifying existing custody orders, facing allegations of parental unfitness, or navigating complex circumstances such as interstate or international custody disputes. An experienced attorney can help protect your rights and advocate for the best interests of your child.

Local Laws Overview

Illinois law refers to custody arrangements as the allocation of parental responsibilities. This allocation has two primary aspects: significant decision-making responsibilities and parenting time. Significant decision-making includes decisions about education, health care, religion, and extracurricular activities. Parenting time refers to where the child lives and who is responsible for their daily care. Courts make custody determinations based on the "best interests of the child" standard, considering several factors such as each parent's wishes, the child's relationship with both parents, the child's adjustment to home and school, and any threats to the child’s well-being.

Illinois law encourages both parents to participate in the child's upbringing unless there are strong reasons to limit contact, such as in cases of abuse or neglect. Parenting plans are required and must be submitted within 120 days of the initiation of proceedings. If parents cannot reach an agreement, a judge will make the final order. Changes to existing custody agreements generally require a significant change in circumstances and court approval.

Frequently Asked Questions

What is the difference between legal and physical custody in Illinois?

Illinois now refers to custody as the allocation of parental responsibilities. "Legal custody" is now called significant decision-making responsibility, and "physical custody" is referred to as parenting time. Both can be shared or allocated primarily to one parent.

How does the court decide who gets custody?

The court bases its decision on the best interests of the child. Factors include each parent’s wishes, the child’s needs, family relationships, adjustment to home and school, and any reports of abuse or neglect.

Can grandparents or other relatives get custody?

In limited circumstances, grandparents or other relatives may petition for custody (parental responsibilities) or visitation if it is in the child's best interests, especially if parents are unfit or unable to care for the child.

What if I want to move out of state with my child?

To move your child out of Illinois or a certain distance within the state, you must obtain either the other parent's permission or court approval. The court will consider whether the move is in the best interests of the child.

Can a custody order be changed later?

Yes. You can request to modify a custody order if there has been a significant change in circumstances, such as job relocation, remarriage, or changes affecting the child’s best interests.

Are mothers more likely to get custody than fathers?

No. Illinois law does not favor mothers over fathers. Custody is determined solely based on what is best for the child, regardless of the parent's gender.

What if the other parent does not follow the custody order?

If a parent violates a custody order, you can file a petition with the court. The court may enforce the order, modify it, or impose penalties for non-compliance.

Does my child get to choose which parent to live with?

While the wishes of a mature child can be considered, the final decision is up to the judge, who will weigh the child’s preferences along with other best interest factors.

Is mediation required in child custody cases?

In most Illinois counties, parents are required to attend mediation before a court hearing if they cannot agree on a parenting plan. Some exceptions exist, such as cases involving abuse.

How long does a child custody case take in Illinois?

The timeline varies based on case complexity and court scheduling, but uncontested matters may resolve in a few months, while contested cases can take significantly longer.

Additional Resources

For more information or assistance with child custody issues in Illinois, the following resources may be helpful:

• Illinois Courts and Circuit Clerk’s Office - for filing forms and case management
• Illinois Department of Children and Family Services (DCFS) - for child welfare assistance
• Local legal aid organizations, such as Prairie State Legal Services or Chicago Volunteer Legal Services
• Illinois State Bar Association - for attorney referrals and legal information
• Family courts in your county - for specific procedures and mediation services

Next Steps

If you are facing or anticipating a child custody dispute in Illinois, start by gathering relevant legal documents, records, and evidence related to your child’s needs. Draft a proposed parenting plan, if possible, to clarify your position. Consider scheduling consultations with experienced family law attorneys who practice in your county. Attend required court-ordered parenting classes or mediation sessions, and always comply with court instructions and deadlines. Getting professional legal advice early will help you understand your rights, options, and responsibilities to secure the best possible outcome for your child and family.