Joliet Sole Custody Lawyers
Will County Attorneys for Parental Custody and Visitation
At the Davi Law Group, we are dedicated to providing responsible representation to those involved in child custody matters related to a divorce, paternity, legal separation, or the dissolution of a civil union. As committed child advocates, we will make every effort to protect the health and well-being of children in the midst of a confusing, and often stressful situation. In a divorce or separation, it may be the parents who are splitting, but the children are often caught in the middle.
Current Illinois Custody Provisions
In every case, our attorneys will seek solutions designed to meet needs of our clients and their children. To do so requires a comprehensive understanding of the provisions currently contained in the Illinois Marriage and Dissolution of Marriage Act pertaining to child custody. The law provides that custody matters should be decided upon consideration of many factors including:
- The wishes of each parent and the child, as appropriate based on age and maturity;
- The physical and mental health of all parties;
- The child’s adjustment to home, work, school, and community environments;
- The relationship between the child and all parties;
- The existence or perception of abuse, violence, or threats;
- The willingness and ability of each parent to foster the child’s relationship with the other parent; and
- The sex-offender status of either parent.
The court, at its discretion or by an approved agreement of the parents, may award legal custody to one or both parents. Legal custody refers to the decision-making responsibilities for the well-being of the child, which may be limited to one parent in a sole custody arrangement, or shared by both parents in a joint custody situation. Such decisions generally include education, religious upbringing, health-related concerns, and other matters.
Physical custody refers to the child’s living arrangements and is not necessarily impacted by the awarding of legal custody. In most cases, one parent is granted primary physical custody and is known as the custodial or primary residential parent. This is usually done to provide stability for the child, as well as other concerns such a school district eligibility. The other parent is the non-custodial parent, and is granted rights of reasonable visitation in most situations. The non-custodial parent is often required to provide financial child support as well.
Changes Coming in 2016
Beginning January 1, 2016, Public Act 99-90, formerly Senate Bill 57, will eliminate the concept of legal custody in Illinois, ending concerns over sole or joint custody. In its place, the new law will provide for the allocation of parental responsibilities in recognition that the needs of the child must remain the top priority. The parents may present a negotiated parenting agreement to the court for approval, but absent an agreement, the court may assign decision-making and care taking responsibilities to each parent. The new law effectively keeps intact the considerations relevant to making such determinations as listed above.
If your family has been affected by child custody concerns, you need representation from an attorney you can trust. Contact the Davi Law Group today at 815-582-4901 to schedule an introductory consultation at one of our four convenient locations. At no charge to you, we will assess your case and help you understand your available options. With offices in Joliet, Warrenville, Wheaton, and Chicago, we are ready to assist you in protecting the best interests of your children.