Chicago Child Custody Attorneys

We Fight For You and Your Children

No one gets married with the idea that they may one day get divorced, and no one has children with the plan to deal with family court one day. Your children are likely the most important people in your life. Their well-being is your priority.

What should you do if you feel like it is in your child’s best interests to be under your care? How do you navigate the custodial minefield? You likely want to come to an amicable solution, but there isn’t a scenario where everyone walks away happy from custody disputes.

Child custody issues are only the start. When the court systems decide on a custody agreement, the next step is figuring out child support, which is a whole different beast that risks soured feelings.

January Family Law, LLC has decades of combined knowledge fighting for the rights of families. Our team of experienced child custody attorneys can guide you through the entire process, from filing for divorce to ensuring what is best for your child’s welfare.

When Do Child Custody Proceedings Start?

Child custody disputes tend to start when couples start the divorce process. In Illinois, if there is no court order regarding child custody, then it is assumed that both parents have equal parental rights. Both parents have a legal right to make decisions regarding their child’s life, and both parents have equal physical custody of their children.

When a child’s parents decide to dissolve their marriage, child custody will be determined during the divorce proceedings. Child custody matters can be handled by the parents without comprehensive legal services. If parents are able to come up with a parenting plan that appeases the family court judge, then they can usually avoid the need for the judge to intervene. Likewise, hiring a family law attorney is not always necessary when parental responsibilities can be determined without mediation, but it may be advisable even in an uncontested case.

However, when people are unable to reconcile their differences and come to an agreement, they often have to rely on the services of a mediator, hire a family law attorney, and may even end up going through the court system where a judge will listen to both parties involved and make a decision with the presented information.

What Kinds of Custody Are There?

Most people, especially those who aren’t familiar with the divorce process and custody disputes, may be surprised to find that there is more than one type of custody. Different types of custody work for different parents, children, and circumstances.

In Illinois child custody is referred to as “allocation of parental responsibilities.” There are two main types of custody that are recognized in Illinois, legal custody and physical custody (which are now called decision-making and parenting time).M

Physical Custody

Physical custody determines with whom the child will live with. Physical custody can be granted to both parents, called joint custody, to one parent, called sole custody. “Parenting time,” is a legal phrase used to describe how much time the children will spend with each parent.

In the case of sole custody, the child lives with one parent, called their custodial parent, while the other parent, or non custodial parent, may be granted visitation rights. All parents are legally entitled to a reasonable amount of parenting time with their children. If visitation with a parent could be dangerous, either physically, mentally, or emotionally, a judge may decide to limit their time with the child.

In some cases where both parents have an equal amount of parenting time with their children, a parent may still be declared the custodial parent. This declaration is usually done for administrative reasons, such as school enrollment.

You and your former partner can work together and mutually agree on either joint custody or sole custody. If you and your partner are unable to work out a plan together, you can use other legal methods, such as mediation. If that fails, you may have to obey the whims of the court, who will listen to the custody disputes, examine all of the information, and determine whether the child would benefit from a joint custody or sole custody scenario.

Likewise, let’s say you and your ex have been able to agree on sole custody, but you can’t agree on a visitation schedule; you may need to rely on legal mediation or let the court systems decide.</p.

Legal Custody

Legal custody refers to the right and responsibility to make decisions regarding your child. The parent awarded legal custody has what is referred to as “decision-making responsibility.” This can include their upbringing, education, health care, religion, and other important decisions in the best interests of your child.

Much like physical custody, legal custody can be awarded to one or both parents. Even if a parent is granted sole physical custody, both parents may be awarded legal custody. The judge may decide to split decision making responsibility between the parents, allowing a parent to make a majority of the decisions regarding a child’s education, while the other parent makes all medical decisions.

When a parent is awarded sole legal custody, they are allowed to make all legal decisions for their child without consulting the other parent. These decisions may result in some precarious situations where the parent who lacks legal custody feels ignored and angry.

What is a Parenting Plan?

When parents work together and agree on co-parenting, parental responsibilities, custody, and visitation, you may be able to avoid trial altogether. However, you will still be required to come up with something called a “parenting plan.”

Parenting plans are kind of like a playbook you and your soon-to-be ex come up with regarding each of your parental responsibilities, parenting time, and both legal and physical custody agreements

While you can avoid the court system by coming up with a parenting plan, the courts require the following at minimum:

• The allocation of important decision-making responsibilities. You can agree to joint decision-making, sole decision-making, or a combination of the two.
• Provisions regarding the child’s living arrangements and how much time will be spent with each parent. You will have to show an actual schedule or show your methods for coming up with a schedule.
• You will have to show that you both have a plan regarding mediation of proposed changes to parenting time or the reallocation of parental responsibilities. These changes may be unnecessary if only one parent has those responsibilities.
• How will each parent be able to access the child’s records.
• Who is the designated custodial parent.
• What will the child’s legal address be.
• Both parents must supply their information in the parenting plan. This includes their address, phone number, and place of employment.
• Your plan must include a clause that requires at least 60 days’ notice before moving. You will need to include how you intend to resolve issues that should arise in the case of relocation.
• Requirements regarding the notification of each other about emergencies, health care, travel plans, and any other major events or decisions that may affect the child’s well-being.
• Arrangements for the exchange of the child, usually for visitation.
• Planned methods of communication between both parents.
• How parental time changes will be dealt with if changes should happen in the future, such as a medical emergency for a parent.
• Provisions dealing a parent’s “right to refusal” to care for the child during the other parent’s normal parenting time.
• Any other provisions that further the child’s best interests and facilitate cooperation between the parents.

How do Judges in Illinois Make Decisions Regarding Child Custody

Sometimes, it is not possible for parents to come to an agreement regarding a joint parenting plan. In this case, each parent should submit their proposed plan to the court. Their plan should include many, if not all of the parenting plan points listed above.

The judge will examine both plans, as well as the circumstances surrounding the situation, such as the household of each parent, their ability to care for the child, and financial stability. They will set a trial date, which usually gives you and your family law attorney enough time to get your affairs in order. During the trial, the judge will listen to both parents and consider many points when deciding what is best for the child.

These points may include:

• The wishes of the child
• The wishes of each parent
• The mental and physical health of the parents
• The mental and physical needs of the child
• Whether or not each parent is willing to cooperate with their arrangement and facilitate a close relationship between the child and the other parent
• The costs and difficulty of transporting the child between the two parents
• The parent’s daily work and personal schedule
• The child’s daily schedules for school and other activities
• Whether or not either parent has a history of domestic violence, child abuse, or sexual offenses

The most important thing to the judge is the best interests of your children. They will examine the above and more. They examine the amount of time each parent has spent with the child in the past two years. The judge will also examine the home life of the child, their relationships with their parents, siblings and other household members, such as aunts, uncles, grandparents.

When judges examine child custody cases, they are keen on determining the willingness and ability of each parent to place their child’s needs above their own.

During this trial, the judge may even come to the decision that parenting time needs to be restricted for a parent. They will not come to this decision lightly and they will have evidence that backs up their decision to limit time with a parent.

How Old Does a Child Have to Be in Order to Have a Say?

There are no Illinois laws that determine an age limit for a child to pick which parent they want to live with. Instead, the judge will take into account the child’s maturity and their ability to express the reason they are choosing the parent they chose.

The judge may choose to interview the child in a one-on-one environment when speaking on their preferences. The judge will also pay attention, keeping an eye out for parental interference in trying to sway the child in one direction or the other.

Does Illinois Favor the Mother or the Father?

There are no laws in Illinois that favor the mother or the father during contested custody disputes. Instead, it examines each case individually and makes decisions. Again, the most important thing to a judge when determining child custody arrangements is the best interests of the child and their well-being.

How is Custody and Visitation Enforced in Illinois?

Once a child custody arrangement is made, it is usually on the parents to comply with the agreement. But what if your ex isn’t following the agreement you came up with together or that the judge created for your child custody case?

If your ex isn’t following the parenting plan or custody order then you may file a motion with the court asking that they enforce the order. These requests are taken seriously in Illinois, and are usually addressed quickly. A judge will examine your claim and determine if any intervention is necessary.

When the judge finds that a parent has violated parenting time, they can issue a variety of orders to enforce custody.

They may choose to impose additional conditions on parenting time. They can require a cash bond or other “deposit” to make sure the plan is followed in the future. They can even require makeup time, where you are given extra time with your child to make up for the discrepancy.

In some extreme cases, the judge may even impose civil fines and punishment against the offending parent, and can even find them to be in contempt of court, and they could face more fines and jail time.

Can You Withhold Parenting Time if Your Ex Doesn’t Pay Child Support?

It is crucial to understand that your custody agreement and your child support agreement are separately enforced. A parent can not take it upon themselves to “punish” their ex by prohibiting contact with their child. Doing so is a petty offense under Illinois criminal law. Repeat offenses can be upped to a Class A Misdemeanor.

If your ex isn’t paying their fair share, and they owe you child support, there are steps you can take to hold them accountable.

Can You Ask the Courts to Modify Custody and Visitation?

There are many reasons a parent may ask for the agreement to be modified. As children age, their needs change, and as a result, you may want to see a change in custody and parenting time. This does not always require you to petition the court for this change. If you and your ex are able to come up with a modification to the agreement, whether to visitation, custody, or decision-making, then you may submit your agreement to the court, along with a modification motion, which is a written request.

However, if you are unable to agree, then a judge will have to make a decision regarding your case. You will need to prove that there has been a change in circumstances since the current order was issued and that the modification is necessary for the child’s best interests.

How Is Child Support Determined in Illinois?

Since 2017, Illinois courts have used a standardized income shares-based formula for determining child support. This formula not only decides which parent will pay child support to the other parent but also how much they will ultimately pay. Previously, Illinois used a percentage-based formula. This method would show tables explaining support amounts as a straight percentage of the paying parent’s income, depending on the number of children in question. With the updated income shares model, both parent’s income is considered when calculating the amount of support to be paid.

When trying to determine how much child support is paid and to which parent it is paid, you will have to fill out a worksheet. The court systems will use this information to determine the amount to be paid. You will have to provide the following information:

Your Income

Both parents will have to report their gross income from all sources. You can either use the conversion table for standardized income. You will have to update this annually based on your standard tax deduction.

You can also calculate individualized net income based on your deductions. This report will require an agreement between you and your former spouse or a court order.

Adjustments to Each Parent’s Net Income

This formula allows adjustments to be made when one or both parents are supporting children from another relationship.

You may also see an adjustment made depending on if you or your ex are paying spousal maintenance.

Child Support Obligations

The income shares schedule shows the total basic amount of child support based on each parent’s combined adjusted net income. The amount each parent contributes toward the total amount of care is then based on their share, as a percentage, of the combined net income.

There are many supporting factors that you and your ex-spouse should consider when working on a fair child support amount. If you and your ex are unable to come to an agreement that works for both of you, then the judge will likely consider the following expenses when making a determination.

• Health insurance coverage for the child.
• Past healthcare expenses a parent has paid and not be paid back.
• Costs of child care.
• Medical expenses that extend from extraordinary medical conditions.
• Additional educational expenses, such as schools for children with special needs.

Child support is not a punishment awarded to a parent, paid for by the other. Using the income shares model, the calculation of child support results in an amount paid by each parent for the betterment of their children.

When calculating child support, the courts will assume that the primary parent will spend that money directly on the child, no order is necessary. The non custodial parent will pay their share of the support to the primary parent. It is the responsibility of the custodial parent to ensure that those funds are used for the sake of their child’s ultimate well being.

Is Child Support Unnecessary With Shared Custody?

If the court must determine the amount of child support to be paid by a parent to the other parent, then they will still likely order support to be paid, even if you and your ex share custody.

They may have you both complete a worksheet for calculating child support to be paid when each parent has at least 146 nights per year of parental time with their child.

Illinois also provides methods of determining child support when the parent splits physical custody of more than one child.

Can Your Ex Avoid Paying Their Fair Share by Remaining Unemployed?

If your ex is refusing to get a job, or they are purposefully remaining underemployed in an effort not to pay child support, then they’ve got a rude awakening in store for them.

The Illinois family court system isn’t stupid. They have likely seen every conceivable method a parent has taken in order to not pay, or pay less than their fair share.

When judges believe that a parent is purposefully remaining unemployed or underemployed, the judges will consider the reasons for this reduced income. Your ex will need to have a good reason for why their earnings aren’t up to the level that the judge believes possible. If your ex has a legitimate medical condition or disability, they may be able to convince the judge that their lack of employment or underemployment is necessary.

If your ex doesn’t have a legitimate reason, the judge may calculate child support based on their imputed, or potential, income. They will use factors such as their employment history, including earnings from prior employment. They will examine the job opportunities for your ex where they live while taking their qualifications and experience into consideration. They may also examine the assets your ex owns.

Can Child Support be Modified?

Support paid by a parent to the other is not in stone. Either parent may ask the court to increase or decrease the amount being paid, or to cancel the payments entirely. A judge will only modify support if there is substantial evidence of change of circumstances.

These changes can be changes required to properly care for the child. If your or your ex’s ability to pay the ordered amount changes, the judge may entertain a modification.

If you remarry and you and your new spouse have children, you can request a modification to your payments. Likewise, if your ex is paying you support for your shared children, and they have a child with another person, then they may be able to petition the court for a change in support payments.

If you are paying support to your ex and they remarry and their financial situation vastly improves because of their new partner’s earnings, can you ask to have your payments reduced?

Unfortunately, the Illinois courts try to shy away from considering the income potential of new spouses when determining how much support should be paid. Some judges may decide that the change in financial standing warrants a modification, but more courts try to avoid using a new spouse’s income as a baseline for a parent’s contribution to raising their child. This works in the inverse; if you are paying support and you remarry, and your financial standing vastly increases as a result, your ex may not succeed in asking for a modification.

When Is Your Obligation to Pay Support Done?

Both parents are required to financially support their child until they are at least 18, emancipated, or in school (up to 19 years of age).

If your child has special needs, the judge may order support payments to continue. Interestingly, the court may require both parents to make these payments, but often, it is still paid by one parent to the other.

What is a High Conflict Custody Case?

What are high conflict custody cases? These cases are usually characterized by intense, often negative interactions between the parents of a child during the divorce process, or a separation. These cases are often characterized by more frequent court appearances as the parents are unable to work with each other regarding most, or any of the conflicts that come with divorce and custody disputes.

These parents are usually not being stubborn on purpose, but instead, they are overwhelmed by the process and they may let their emotions get the better of them.

Sometimes, these toxic environments may arise when a parent believes their child is at risk for abuse, either physical, emotional, or psychological. The parent is merely trying to protect themselves and their child from these negative situations.

Unfortunately, what is more common in these custody disputes is when a parent is “poisoning the well,” an attempt to undermine the other parent, make the other parent look bad in the eyes of the court, or alter the opinion of the child against the other parent.

These cases tend to have many toxic traits, from higher than normal animosity, name-calling, and lying, and can even culminate in physical violence, such as pushing, striking, and other attacks.

It is important to understand that these actions are negative and can only result in negative outcomes. They will negatively affect your ex-partner, your child, and your child custody case.

What Leads to More Conflict?

There are many things that may lead to a higher-than-normal amount of conflict. When a parent has a chemical addiction, they may act erratically. If there is a history of domestic violence, that can leave a parent feeling like they need to do more to protect their child, and if the courts don’t immediately acknowledge that parent’s concerns, then that opens an avenue for more conflict, possibly through accusations, negative interactions, and even physical contact.

When a parent has mental health issues that may impact their perceptions, they may feel like they are put into a position where they need to defend themselves. They could feel like they are being judged for something they can’t help or that their condition will be used against them in court.

Likewise, if your ex has a mental condition that you feel interferes with their ability to parent, you will likely want the court to take that into consideration when they are making a custody agreement.

Worse, if these accusations are baseless, being directed at the child involved, or being used to try and sway the court, then the Court can consider this.

This is a veritable minefield. Both parents feel like they need to defend themselves. Both parents feel like they need the court to be aware of negative characteristic traits. Both parents may be valid, but their inability to communicate with each other, and their propensity to escalate a situation leads to dispute.

What should they do?

How Can Parents Navigate High Conflict Custody Cases?

The first thing parents in this situation should do is remember that their child and their child’s best interests should trump their own opinions of each other.

Easier said than done, right?

If you are finding it hard to work with your ex, there are a few things you can try to do before placing the case entirely in the judge’s hands.

Seek Mediation and Counseling

Working with a skilled mediator can help both parents speak and feel heard. Mediators are often legal professionals with extra training they use to help parents work together. The parents can also choose to seek counseling and therapy to help equip them with the methods necessary to help them practice civil conversation. These disputes are often emotionally charged. Working with mediation and counseling can help you navigate this emotional process.

Document Everything

While you wait for a judge to decide the best course of action, or you’re already in mediation, you can take some actions into your own hands.

Document your interactions with your ex. If you are having a conversation, do it with the company of a witness. If you are unable to speak with a witness present, then ask for all communications to be done via text messages, e-mail, or in writing. This creates a paper trail that can hold them accountable for their words and actions.

In Illinois, you can not record someone unless you notify them that you are recording them. Do not attempt to record your conversations unless all parties involved are informed of the recording. There may be certain exceptions to this, which you should discuss with your attorney.

Document changes you see in your child. If their mood towards you changes, document those changes. It may not be healthy to grill your child for answers. If a child is having emotional or other issues, you may consider enrolling them in therapy, where they will have a safe place to speak. A therapist will usually have the tools necessary to help your child express themselves and help get to the root of the changes.

Remember, divorce is hard; they could be acting differently because the prospect of their parent’s divorce is weighing heavy on them. Therapy is almost always a healthy option.

Seek Legal Services

When things get too heated and you know there is no working with a person, it may be time to get help from an experienced child custody attorney.

Legal representation can help you navigate a sensitive situation with your ex. Your family law attorney will know what actions you should take and when you should walk away from a conversation.

Even better, having your ex either communicate exclusively with your attorney or use their own attorney to communicate with your lawyer can completely remove you from your ex’s sights and help avoid confrontation and conflict altogether. Let the courts take care of the conflict while you worry about taking care of your child.

Should You Hire a Lawyer?

The best time to check out legal services is before you even file for divorce, but it is never too late to hire a lawyer. You may think law firms only view you as a paycheck, but January Family Law, LLC is more concerned with your well-being and what’s best for your child.

Our law firm has decades of combined legal experience. Our team is here to work with you and your family to get the outcome that is best for you and your child. Don’t hope your ex puts what’s best for everyone before themselves; call 872-331-4144 to schedule your obligation-free consultation!