Joliet Child Custody Attorney

One of the most difficult things any parent could experience is 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 most effective things you can do to prepare for this type of legal matter is to secure the services of an experienced and reliable Joliet 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 make sure you and your family secure the fairest and most reasonable result possible that aligns with state laws and your children’s best interests.

Many people in the Joliet area and throughout the US make the grave mistake of thinking they do not need to hire a child custody attorney for their 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 a Joliet, IL Child Custody Lawyer 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 attorneys, our team can gather as much evidence and documentation as possible to make a solid case in your custody determination. Our team can 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.

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

• Legal custody: This refers to the ability to make major decisions on behalf of a child.
• Physical custody: This outlines where the children should 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 may 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.

Mediation can be voluntary or court-ordered. It doesn’t just tend to cost less and take less time than a courtroom trial. It also allows you and your child’s other parent to maintain control over the decision-making process instead of allowing a judge who does not know your family and its dynamics to make potentially life-changing decisions for your family.

Mediation doesn’t always work, and in some cases, it’s not even appropriate. The courts don’t order mediation for cases that involve domestic violence, for example. If mediation is not appropriate to resolve your custody case, or you’ve tried it and were not able to come to an agreement with your co-parent, the matter must go to trial to be decided by a judge.

When a judge must determine child custody, they must 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 right 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 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 may rule in favor of any outcome that aligns with their status quo over an unknown alternative. 

For example, suppose one parent remains in the family home and the other moves out. In that case, the parent remaining in the home may obtain majority physical custody, so the children’s everyday routine is disrupted as little as possible.

Bringing up a child isn’t just about spending time with them every day. Parents also need to make important decisions about how they should be reared. Legal custody involves making major decisions about a child’s:

• Education: This includes where the child goes to school, whether they receive private tutoring, and whether they receive special education.
• Healthcare: This includes the provision or refusal of medical, dental, and psychological care.
• Religion: This includes whether and where the child goes to church and what kind of religious activities they participate in.
• Extracurricular activities: This includes approving and managing schedules for sports, arts, and camp programs.

Judges in Will County sometimes award sole decision-making for all four of these key pillars of legal custody to one parent, while in other cases they split them among the parents so that each one handles two of the four essential types of decisions regarding their child’s upbringing. Parents can also share decision-making responsibilities.

When people in Illinois discuss who takes care of the children after a divorce, they still use the terms custody and visitation. However, in 2016, Illinois shifted the legal terminology used in the Illinois Marriage and Dissolution of Marriage Act. Legal custody became “allocation of parental responsibilities,” and physical custody and visitation are now referred to as “parenting time.”

The purpose of these changes was to speed up cases and discourage adversarial litigation. According to researchers, though, the average time it takes to resolve custody cases after the changes remained high at a little over 10 months, which was like the situation in place before the changes. The same researchers did find that the percentage of cases that involved sole decision-making went from 62% to 37% following the change.

While the legal language has changed, most people in Illinois still refer to child custody and visitation rights.

Directly tied to the idea of child custody is that of child support. It is very rare for divorcing parents to make the exact same amount of money and provide their children with the same amount of time and attention. The child custody determination between you and your co-parent should ultimately reflect your child support arrangement. 

A custodial parent who obtains greater physical custody than the other should 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.

Everyone can 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 options for adjusting an existing child custody order under the state’s child custody laws.

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 in Joliet, IL, 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 co-parent 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 co-parent losing some custody rights.

Child custody cases in Joliet, IL, are heard at the Will County Courthouse, located at 100 West Jefferson Street. Going to court to request sole or joint custody of your child can be stressful, but adequate preparation can make the process easier. Here’s what you can expect during every stage of your custody case:

• Preparation: You should work with an attorney to prepare for the child custody hearing. Your attorney can help you gather records, draft a proposed parenting plan, and provide evidence that reflects your positive engagement in the child’s life. You must also prepare your testimony, which should include your custody proposals and a description of your parenting skills and relationship with your child.
• Maintenance of relationships: You should try to maintain a respectful co-parenting relationship leading up to and during your custody hearing. This is particularly true if you are requesting joint custody, but it’s still the case even if you intend to request sole custody. The judge may consider your behavior leading up to the trial when determining your fitness as a parent.
• Potential mediation: You may decide or be court-ordered to attend mediation. This involves working with a neutral third party to resolve issues related to parenting time and decision-making responsibilities without going to trial. If an agreement is reached, a written parenting plan is drafted and submitted to the court. If not, your case must go to trial.
• Going to court: On the day of the hearing, dress appropriately and arrive early. Try to maintain a respectful tone throughout the trial and avoid defensive body language. Stay calm during the proceedings and let your attorney do their work without disruption. You don’t want the court to perceive you as being unbalanced or erratic based on your behavior, as that could reflect poorly on your parenting abilities.
• Potential challenges: You should expect your child’s other parent to challenge your evidence and testimony. Your attorney may help you prepare for potential challenges by going through a trial run of the cross-examination and going over how to handle objections.
• After the hearing: Once the hearing is complete, the judge issues a decision, and you receive a custody order. You can work with your attorney to anticipate possible outcomes and be prepared for moving forward.
• Modifications: As circumstances change, you and your co-parent may need to modify your parenting agreement. Your attorney can help you petition the court should this be the case.

Adequate preparation is the key to securing a positive outcome in a child custody hearing. The judge determines custody based on what’s in your child’s best interests, but how you behave during court and how well prepared you are for the hearing can play a significant role in determining parenting time and decision-making responsibilities.

How Is Child Custody Determined In Illinois?

Child custody is determined in Illinois based on several factors. Illinois courts decide allocation of parental responsibilities based on the child’s best interests. Key factors include the child’s wishes (considering age and maturity), the adjustment to home and community, each parent’s mental and physical health, willingness to foster the other parent’s relationship with the child, any history of abuse, and each parent’s caregiving ability.

How Long Does A Child Custody Case Take In Joliet?

How long a child custody case takes in Joliet can vary. A straightforward, uncontested parenting plan often finalizes within a few months. Contested cases requiring mediation or trial may extend significantly longer, depending on court backlog, complexity of issues, and willingness of parties to negotiate. Your Joliet child custody attorney can help you meet deadlines and avoid unnecessary delays.

Can Grandparents Receive Visitation Rights In Joliet?

Grandparents can receive visitation rights in Joliet. Although Illinois does not grant automatic grandparent visitation, grandparents can petition the court for visitation if they demonstrate it serves the child’s best interests. Grandparents can work with an attorney to help them prepare the paperwork and argue their case for visitation rights.

How Much Does A Child Custody Attorney Cost In Joliet?

How much a child custody attorney costs in Joliet varies. Family law attorneys typically base their fees on factors like their level of experience, the complexity of your case, and the specific services you need—such as mediation or preparing a parenting plan. Many firms offer flexible fee structures, including hourly billing for ongoing work and flat fees for discrete services. Be sure to discuss fee arrangements up front so you understand how your attorney handles additional costs.

How Can I Modify an Existing Child Custody Order In Illinois?

To request a modification in an existing child custody order in Illinois, file a petition under 750 ILCS 5/610.5 and demonstrate a substantial change in circumstances such as relocation, change in work hours, or a child’s evolving needs. Parenting time modifications may occur sooner than decision‐making changes, which generally require a two‐year waiting period.

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, can work closely with you to help you determine the right legal approach to your custody case. We can 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 child custody lawyer.