Child Custody Lawyers Serving DuPage County

Facts Regarding Illinois Child Custody

While there are many different parenting and custody arrangements that may be used, our attorneys seek to construct your particular arrangement to meet your family's unique needs. At Farooqi & Husain Law Office, we will work to protect the best interests of your children while ensuring that your rights will also be thoroughly protected at every turn. When making decisions about child custody, courts will not place an emphasis on a determination of which parent is the best parent. Rather, the final decisions will focus on the child's best interests when weighed against the following factors:

• The past and current interactions and relationship of the child with each parent;
• The child's past and current interactions and relationships with siblings, grandparents, and others who impact the child's life;
• The child's current home, school, and community, how those could be changed when making decisions about child custody, and how those changes would affect the child;
• The physical and mental health of all those involved, including parents, children, and other family members who play an important role in children's lives;
• What the child wants, if the court determines he or she is sufficiently mature to express those wishes;
• The wishes of the parents—to an extent—as to who will have primary custody of the child;
• An assessment of which parent has been the primary caretaker throughout the child's life;
• Any history of domestic violence on the part of either parent; and
• The willingness of both parents to foster a secure, warm relationship between the child and the other parent.

The court may decide what level of influence these factors and others will be given when making its decision. However, Illinois statutes clearly state that a parent's conduct may not be a consideration unless that conduct has a direct bearing on the parent's relationship with the child.

Joint Custody vs. Sole Custody

Illinois courts differentiate between physical and legal custody. Physical custody, which is referred to as "parenting time," determines where the child will live and when they will spend time in the care of each parent. Legal custody, referred to as "allocation of parental responsibilities," allows parents to make essential decisions, such as which school the child will attend, what religious training the child will undergo, and what medical care the child will receive.

Courts can award joint legal custody, joint physical custody, a combination of the two, or sole custody with visitation rights. Both parents must be able to cooperate effectively and consistently in matters that affect parenting when joint custody is awarded. If the parents are absolutely unable to cooperate in matters directly related to the child, then sole custody may be appropriate. Even when sole custody is awarded, the other parent will almost always be given parenting time rights.

Hinsdale Child Custody Lawyers

The attorneys at the Farooqi & Husain Law Office are highly sensitive to your feelings involving anything that affects your children and their future. In addition to helping address child custody matters in Illinois courts, we can assist with matters related to international child custody and international child abduction.

Our DuPage County child custody attorneys are skilled negotiators who will work hard to help you work out a parenting plan that is fair to all those involved—as well as one that will adapt as your children grow up and their interests change. Our strong knowledge of Illinois laws regarding child custody works in your favor and when negotiations fail, we are highly skilled litigators. Contact us today at 630-909-9114 for a comprehensive evaluation of your child custody issue. We serve clients in DuPage County, Cook County, Will County, and Kane County.