Trusted Child Custody Lawyers Protecting Parental Responsibilities in Wheaton, IL
Whether you are married to the other parent of your child and are seeking a divorce, or you have never been married, the allocation of parental responsibilities is a sensitive issue that often causes a great deal of stress and anxiety. The Wheaton child custody lawyers at Musielak & Rosinski LLC strive to ease the uncertainty and strong emotions that these types of matters often involve.
When you work with our firm, we will review your family situation and help you build a case to protect your parental rights. We will consider your needs as we argue for an arrangement that serves your child's best interests.
Keeping the Best Interests of Your Children at Heart
Courts weigh a wide range of factors before allocating parental responsibilities, but one consideration outweighs all the others—namely, what actually serves the child's needs. We remind our clients to hold onto that focus as they work through figuring out parenting time or building a parenting agreement.
During a dispute over parental responsibilities, the court may order an evaluation in which a mental health professional is asked to analyze the child's life and determine the best way for parental responsibilities to be divided or shared. This information, combined with testimony from both parents and the judge's input, will help shape the parenting agreement, detailing matters such as:
- Where the children will reside at specific times (known as parenting time)
- Decision-making authority regarding medical care, religion, school, etc.
- Shared decision-making authority with one parent having full residential responsibilities
- Sole decision-making authority by one parent with both parents having reasonable amounts of parenting time
Ideally, parents will be able to work together to create a parenting plan that will meet their family's needs and protect their children's best interests. When negotiating agreements or working to resolve disputes in the courtroom, parents will need to understand the factors that may affect child custody decisions. Our attorneys can provide guidance on how these issues may be resolved, including whether it may be necessary to appoint a guardian ad litem or child custody evaluator to help the court make decisions about how parenting time and parental responsibilities will be allocated.
A Parenting Agreement Is Not Set in Stone
Although we will work toward your desired outcome in a child custody case, there are times when not every wish can be met. A parenting plan or agreement is somewhat flexible. It can be modified as your child's life progresses and circumstances change for you, your ex-spouse, or your child. We can help you determine when modifications may be possible, including relocation cases. Enforcement actions are also available if one parent fails to live up to his or her obligations, such as unlawfully denying court-ordered parenting time.
What Do Courts Consider as Part of a Parenting Plan in Illinois
Illinois courts review several factors when evaluating a parenting plan, all centered on the child's welfare and needs. Judges look at each parent's wishes, the child's own preferences with respect to their age and maturity, and how well each parent can cooperate on major decisions. The child's relationship with each parent, siblings, and other significant people is also considered, along with each parent's mental and physical health. Courts weigh any history of abuse or neglect, each parent's willingness to foster a continuing relationship with the other parent, and practical concerns such as school schedules and each parent's proposed living arrangements.
Contact Our Wheaton Child Custody Lawyers
Contact our Wheaton child custody attorneys or call 630-344-6525 to set up a free consultation with Musielak & Rosinski LLC. We can help you understand your rights under the Illinois parental responsibilities laws. We have helped many clients located in DuPage County, Kane County, Will County, and Kendall County.