Wheaton Child Custody Lawyer

Experienced DuPage County Attorney for Custody

When parents get divorced or otherwise separate, one of the most important legal issues they must address is child custody. In Illinois, legal custody of children is referred to as the allocation of parental responsibilities, and courts will on allocate decision-making responsibilities and parenting time between the parents in accordance with the child's best interests. If you are a parent concerned with how your divorce may affect your child, contact a family law attorney immediately to get your questions answered and make sure your concerns will be addressed correctly.

At Fawell & Fawell, we know that most parents want the best for their children. The parent's job is to love and nurture their children, which is why it can be very difficult to go through a divorce and weigh the possibility of what will happen as family dynamics change. We understand the concern so many parents feel as they approach the divorce process. When you choose our firm, you can trust that we will work tirelessly on behalf of you and the well-being of your children.

What Does Legal Custody Mean, and What Types of Custody Are Available in Illinois?

Legal custody refers to the authority to make major decisions regarding the child's life, such as those concerned with education, healthcare, religion, and extracurricular activities. There are generally three kinds of child custody in Illinois:

1. Joint custody - In Illinois, courts strongly encourage parents to establish shared legal custody arrangements whenever possible. The law recognizes that it is usually in a child's best interests for both parents to be involved in the child's upbringing. Joint custody is the most common and preferred option, as it allows both parents to participate in decision-making regarding important aspects of their child's life. It also allows both parents to spend significant and meaningful time with their child, which benefits the child's well-being and development. When joint custody is established, the parents will be required to work together to decide on things such as where the child will go to school, what extracurricular activities the child will participate in, and what type of childcare the child will receive.
2. Sole custody - This is an arrangement in which only one parent has legal custody of the child. The parent with sole custody is responsible for making important decisions regarding the child's welfare. In this arrangement, the other parent is generally allowed visitation rights unless they have a history of domestic violence or there are other concerns about the health, safety, and well-being of the child. Sole custody is generally only granted if courts determine that it would be in the child's best interest for one parent to be responsible for making child-related decisions.
3. Split custody - This arrangement is generally not preferred by Illinois courts, but may be appropriate in particular circumstances. In these cases, each parent will have sole legal custody of one or more of their children. Split custody can occur when children are affected by different issues or have conflicting interests. For example, if one child has special needs that one parent is better equipped to handle, that parent may be given sole custody of that child to ensure that they can make appropriate medical decisions, and parents may share legal custody of their other children.

Contact a Wheaton Child Custody Attorney

Child custody can be a very contentious subject during divorce proceedings. To ensure that these issues will be handled correctly, you can work with a compassionate family law attorney who is well-attuned to the common issues that affect families going through the divorce process. At Fawell & Fawell, we know that few issues are more important to parents who are getting divorced than matters pertaining to child custody. At our firm, we have a track record of successfully defending the rights of parents and their children and helping our clients resolve child custody disputes effectively. Give us a call at 630-871-2400 or contact us online to schedule a free consultation and discuss how we can help you.