Naperville Child Custody Lawyers Ready To Advocate For Your Parental Rights

Reaching a mutually acceptable agreement on custody and visitation can be a challenge, but it is almost always better to keep these decisions within the family’s control if possible.

Assertively Protecting Your Parental Rights In DuPage And Will Counties

The legal team at the Blacha Law Office, LLC, helps parents in Naperville, Joliet and the surrounding areas determine where children will live, how children’s time will be divided between parents, and how parents will make important decisions about their children’s upbringing following a divorce. We will help you determine the best approach and strategies for establishing practical parenting arrangements.

How Is Child Custody Determined In Naperville

In Naperville, when deciding on guardianship matters, the primary concern of the court is the best interest of the child. A variety of aspects are taken into account by the judge to determine what might be, including:

• The preferred outcomes desired by the parents;
• The child’s own desires;
• The quality of the connection between the child, their parents, and any siblings;
• How well the child is doing in their current living situation, including their integration into the community and their educational environment;
• The physical and psychological well-being of both the child and the parents;
• Any occurrences or risks of physical aggression by either parent, targeted at the child or others;
• Each parent’s commitment to maintaining the child’s bond with the other parent;
• If there is a history of sexual offenses on the part of any parent.

It is generally preferred to keep siblings together in the same home. Nevertheless, there are instances based on the best interest of the child or the family’s unique circumstances where the court may decide that siblings should live apart. Furthermore, when the court is making decisions regarding guardianship, the personal relationships and behavior of the parents are not to be taken into account, except in cases where it directly impacts the parent-child relationship.

What Are The Different Types Of Custody Arrangements

The term “custody” is sometimes misunderstood, and it can have a variety of meanings in the context of child custody.

• Physical custody concerns the day-to-day care and residential arrangements for the children.
• Legal custody pertains to the right to make significant decisions regarding the child’s education, health care, and religious upbringing. Even if the children do not reside with you, shared legal custody is a possibility.
• Sole custody is reserved for situations in which the other parent is absent, unfit or poses a danger to the child’s well-being.
• Joint legal and physical custody is often granted by the courts to share decision-making and physical custody rights, allowing both parents to have a say in the important aspects of their child’s life. While a perfectly balanced co-parenting situation is ideal, it’s more common for one parent to be designated the primary caregiver. The other parent typically receives significant visitation rights, ensuring they maintain a strong presence in the child’s life.

We will fight for your parental rights and help you make sound decisions that protect the best interests of your children.

How Long Does The Child Custody Process Take In Naperville?

Custody is normally a fairly expedient process, depending on the type of resolution that is being sought. If you are seeking a temporary custody order, such a case can be resolved in as little as two to six weeks, depending on the circumstances of your case. However, a permanent custody arrangement following a final order can take much longer, with the minimum time period normally taking up to eight months.

How Can An Attorney Help Me With My Child Custody Case

Our legal team focuses on crafting a comprehensive parenting plan that addresses weekly schedules, transportation logistics, extracurricular activities, holidays, and other co-parenting facets, while also establishing communication protocols and conflict resolution strategies. Drawing from our extensive experience in custody litigation, we strive to foresee and mitigate potential conflicts, ensuring a robust co-parenting arrangement that supports the family’s progress.

Attorney Monika Blacha combines her experience as a family law mediator and a zealous advocate to guide Illinois parents through the complexities of child custody, emphasizing the children’s welfare and fostering collaborative solutions. While we champion negotiation and cooperation, creating agreements that parents actively partake in, we are equally prepared to assertively represent your interests in court to safeguard your children’s well-being should litigation become the necessary course of action.

In addition to crafting a comprehensive parenting plan, we handle issues such as child support and post-decree modifications of custody or support.

Contact DuPage County Child Custody Attorney Monika Blacha Today

To schedule a free consultation to discuss child custody and visitation, call 630-283-1987 or email the firm. We have offices in Naperville and Joliet, and we serve clients in DuPage, Will, Cook, Kane and Kendall counties. We are also fluent in Polish.

Our Attorneys Answer Your Questions About Custody And Visitation

Child custody proceedings are stressful, especially if you don’t know your rights or what to expect. The attorneys of Blacha Law Office, LLC, are available to address your questions and concerns.

Below we answer some common questions about child custody, but you likely have other questions or a specific circumstance not addressed here. We invite you to call our law office at 630-283-1987 or contact us online to arrange a consultation.

How likely is it that one parent will get full custody?

The Illinois courts start with the presumption that both parents will share in raising the child. They rarely award “full custody” (sole custody) unless one parent is determined to be unfit. It is common for one parent to be named the primary or majority parent, but the other parent will almost always be awarded regular visitation (parenting time), as well as shared legal custody.

What makes a parent unfit for custody?

The courts are reluctant to take away custody rights. But a parent may be deemed unfit for physical custody on the basis of abandonment or neglect, child abuse, domestic violence, drug or alcohol abuse, serious mental health issues or criminal enterprise. If the parent has shown to be abusive or reckless, the court can restrict contact to supervised visitation.

Do moms have more rights than dads?

No, gender is not one of the criteria the Illinois courts apply when deciding custody. It’s true that mothers are more frequently awarded primary custody (especially of younger children), but that is because mothers are more often the primary caretakers. Dads have equal rights under the law but may need a good lawyer to assert those rights.

Can a father get sole custody or primary custody?

Absolutely. If the court determines that the dad offers a healthier and more stable and environment, or that the dad has been the primary caretaker, that father may get the majority of the parenting time. As mentioned above, a father would be awarded sole custody only if the court declares the mother to be unfit.

How is custody decided if the parents were never married?

Marriage has no bearing on custody rights. An unmarried father can be awarded primary custody or even sole custody. If the father was not involved in raising the child, he will have to establish paternity and petition for visitation or supervised visitation before he can seek a greater parenting role.

Do children have a say in custody?

The court will give some weight to the wishes of an older child who has a preference to live with one parent. But it is only one factor, and the judge ultimately decides. The court takes into account the child’s age, maturity and rationale.

We Are Ready To Answer Your Questions

We invite you to a free consultation to discuss your custody dispute or divorce. Call today at 630-283-1987 or use our online form to schedule a meeting. We have offices in Naperville and Joliet, serving parents in DuPage, Cook, Kane, Kendall and Will counties. Fluent in Polish.