Wheaton, IL Child Custody Attorneys

Compassionate Attorneys Assisting With Cases Involving Joint or Sole Custody in Wheaton, Illinois

A divorce with children may involve a great deal of uncertainty. Parents may wonder about who the children will live with and who will make important decisions in the children's lives, which can put a strain on an already stressful legal dispute. If you have concerns about custody, a Wheaton, IL family law attorney can provide you with guidance and advocacy as you work to protect your children.

At Roberts PC, we handle child custody cases with care while fighting for our clients' rights. We know just how impactful custody arrangements can be to a child's well-being, and we will do everything we can to secure a favorable outcome on your behalf.

How Are Custody Decisions Handled?

Most of the time, a judge will order divorcing parents to attend mediation before proceeding with litigation. This is done under the assumption that the parents know what is best for the child, rather than the courts, while also recognizing that continued cooperation between parents can be beneficial for children.

In mediation, you can sit down with your spouse to discuss a parenting plan for physical and legal custody. The role of the mediator in these discussions is to facilitate conversations and quell tensions while guiding you toward workable solutions. If all goes well, you and your spouse can present your finished parenting plan to a judge for approval, settling the custody dispute.

If the issue cannot be resolved through mediation, it will have to go to court. The judge will hear both you and your spouse's arguments for your preferred custody arrangements, and you have the option of being represented by an attorney. The court may also appoint a legal representative known as a guardian ad litem (GAL), who will perform an investigation to better understand the child's circumstances and make a recommendation to the judge based on the child's best interests.

A family law attorney at Roberts PC can work with you throughout a custody dispute, advising you before mediation or speaking on your behalf in court.

Joint Custody and Sole Custody

There are many different arrangements that the court might consider for child custody. For example, the parents could share joint legal and physical custody, in which the child will spend time at both residences and both parents will work together to make decisions about how the child will be raised. In other cases, one parent might have sole legal custody, but the child will still alternate between the parents' houses in a joint physical custody agreement.

In general, the only case in which a parent might have sole physical and legal custody is if the other parent is unfit to take care of the child. For instance, if a parent is incarcerated for a felony crime or has a history of domestic violence, they may be denied custody.

Parental Relocation

Parents may choose to move for a variety of reasons, and doing so may require changes to existing child custody agreements. A move may be considered a relocation if a custodial parent will be moving more than 25 miles away from the child's current home.

The custodial parent must give the other parent written notice 60 days ahead of the planned move. The other parent can contest the decision in court, leaving it up to the judge to make a final ruling on the relocation. The child's best interests will be given priority, taking into account educational opportunities, the child's wishes, and any extended family the child might have a relationship with at the new residence.

Whether you are petitioning for or against a planned relocation, our lawyers can advocate for you, providing fierce representation in court. We will work to ensure that your child's best interests are protected.

Meet With a Wheaton Child Custody Attorney Today

Custody arrangements in family law cases are often a highly sensitive matter. If you have any concerns about child custody in your divorce or as an unmarried parent, a family law attorney at Roberts PC can help you determine the best approach to take, and we will advocate for solutions that will provide for your child's best interests. Call us at 630-668-4211 or reach out to us online to schedule a free consultation.