Child Custody

Joliet Child Custody attorneys

One of the most difficult things any parent will experience is a child custody determination. Whether you are a married or unmarried parent, a child custody battle can be a very challenging experience for several reasons. One of the best things you can do to prepare for this type of legal matter is to secure the services of an experienced and reliable Joliet, IL child custody attorney.

The attorneys of Vahey Law & Mediation, LLC understand the emotional challenges facing parents involved in child custody battles. We provide client-focused legal counsel to ensure you and your family secure the fairest and most reasonable result possible that aligns with state laws and your children’s best interests.

One of the most difficult things any parent will experience is a child custody determination. Whether you are a married or unmarried parent, a child custody battle can be a very challenging experience for several reasons. One of the best things you can do to prepare for this type of legal matter is to secure the services of an experienced and reliable Joliet, IL child custody attorney.

The attorneys of Vahey Law & Mediation, LLC understand the emotional challenges facing parents involved in child custody battles. We provide client-focused legal counsel to ensure you and your family secure the fairest and most reasonable result possible that aligns with state laws and your children’s best interests.

Why You Need Legal Counsel

Many people in the Joliet area and throughout the US make the grave mistake of thinking they do not need to hire legal representation for their child custody cases. While many parents across the country are perfectly capable of making sound and reasonable arguments for their custody rights, many different legal variables can come into play to complicate the case.

Hiring an attorney is an investment in your custody rights and the ability to raise your children. When you choose Vahey Law & Mediation, LLC as your Joliet, IL child custody lawyers, our team will gather as much evidence and documentation as possible to make a solid case in your custody determination. Our team will also prepare you for all the legal proceedings your case is likely to entail and highlight any challenges or opportunities to expect throughout the case.

How Is Child Custody Determined in Illinois?

It’s vital to understand how child custody works within the Illinois family court system. There are two forms of child custody:

  1. Legal custody, which is the ability to make major decisions on behalf of a child.
  2. Physical custody, which outlines where the children will live and spend their time.

It is rare for divorced parents to wind up with entirely even physical and legal custody rights. It’s far more common for divorced parents to share legal custody evenly but have an uneven physical custody arrangement, meaning the children will spend more time living with one parent than the other.

Divorcing parents may explore mediation to settle their divorce privately while saving time and money on legal fees. Even when they negotiate child custody, their child custody arrangement requires final review and approval from a judge.

When a judge must determine child custody, they will examine numerous factors, including:

  • Each parent’s preferences.
  • The preferences of the couple’s children if they are old enough to make compelling arguments.
  • The children’s relationships with extended family members.
  • The living arrangements of both parents.
  • The physical and mental health of both the parents and their children.
  • Any history of domestic violence within the family.
  • The willingness of both parents to facilitate their children’s relationships with each other after the divorce.

The final decision comes down to the available evidence and the judge’s determination. This may be difficult for some parents to accept, but ultimately the best approach to any child custody case is to be as objective as possible while remaining focused on your children’s best interests.

Typically, judges in the Illinois family court system will seek to disrupt a child’s everyday routine as little as possible in their custody determinations. This means that if it is feasible for the custody arrangement to maintain the children’s status quo, the court will likely rule in favor of any outcome that aligns with their status quo in favor of an unknown alternative. For example, suppose one parent will remain in the family home and the other will move out. In that case, the parent remaining in the home will likely obtain majority physical custody, so the children’s everyday routine is disrupted as little as possible.

Custody and Support

It is very rare for divorcing parents to make the exact same amount of money and have the ability to provide their children with the same amount of time and attention. The child custody determination between you and your coparent will ultimately reflect your child support arrangement. A custodial parent who obtains greater physical custody than the other will receive child support from the noncustodial parent regularly. The amount they receive generally hinges on the difference between the parents’ physical custody rights, the parents’ respective incomes and job duties, and each parent’s availability to their children on a regular basis.

Adjusting a Custody Order

Everyone will eventually experience unforeseen events that completely upend their current lifestyle, from medical emergencies to the loss of a job or a sudden death in the family. When these incidents occur, it is vital to know the available legal options for adjusting an existing child custody order.

Family law offers the unique ability to revisit an existing court order without a complex appeals process. A post-judgment motion allows a divorced parent to request a change in their divorce order, whether that includes increasing or decreasing child support payment amounts, altering physical custody rights, or contesting a parent’s actions under their custody agreement. For example, if you have been paying child support and discover your coparent has been misusing funds, it could become complex. This may not lead to a support adjustment (which would deprive your children of financial support), but it could result in your coparent losing some custody rights.

Find Your Legal Team Today

As a parent, a child custody determination may be one of the most difficult experiences you ever endure. Approaching this situation with confidence and objectivity is one of the most important factors if you want to secure the custody rights you expect. The attorneys at Vahey Law & Mediation, LLC will work closely with you to help you determine the best legal approach to your custody case. We will gather evidence and references to support your position in family court and ultimately help you navigate the complex Illinois family court system.

Contact Vahey Law & Mediation, LLC today to schedule your consultation with a compassionate Joliet, IL child custody attorney.

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