Child Custody & Visitation

Child Custody Lawyer Serving the Western Chicago Suburbs

If both you and your spouse are seeking primary physical custody of your children, the courts generally will require you and your spouse to participate in mediation. At times, a psychological evaluation is required. Issues of property division are secondary to custody.

Where will my children live? Can my spouse move my children out of Illinois?

As a divorce lawyer with more than 28 years of family law experience in the western Chicago suburbs, I can help you understand the court process used to resolve child custody disputes. I can also help you keep the process civil, which is important because if you have children, you will need to be able to communicate with your spouse after your divorce.

I offer a free initial consultation to discuss your case.

How Child Custody Is Decided

• Unless there are issues of abuse or child endangerment, either parent can be awarded custody of their children. The courts consider what is in the children's "best interest".
• Physical custody refers to where the child lives. This is the area where most disputes arise. In many cases, one parent will have primary physical custody and the other parent will have visitation according to a parenting agreement. Joint physical custody arrangements, where the children reside equally with both parents, are possible.
• I encourage mediation as a first step in resolving a child custody dispute. Mediation will not work if one spouse is dominated by the other spouse. I can help you select a mediator and prepare for the process.
• If you fail to reach an agreement in the mediation a psychological evaluation of all parties may be required. This can be very costly and time-consuming.

Can My Spouse Move My Children Out of Illinois?

Unless you consent, your spouse cannot move your children out of the martial home while the case is pending or out of Illinois without a court removal hearing. I represent parents who want to move children as well as parents who object to the move.

Free Consultation With an Experienced Lawyer

For a free initial consultation about your child custody case, contact me, attorney Terry Fawell. From my office in Wheaton, I serve clients in DuPage, Kane and Will counties.