Chicago Child Custody Attorney

Assisting Clients With Child Custody Matters in Hinsdale, Cook County, DuPage County, Will County, and Kane County

There is no issue as contentious or one more likely to drain your emotions as a child custody battle (known in courts as an allocation of parental responsibilities). So before you begin, you need an objective assessment of your strengths and weaknesses. You need a family law team in Chicago that will give you honest advice and good cost-benefit analysis. And you need a team that has the "know-how" to get you across the finish line.

At Reed, Centracchio & Associates, LLC, our Chicago child custody attorneys have a track record of turning "unwinnable" child custody cases into victories. Some of our most outstanding child custody achievements have started with clients already accused and outwardly judged of heinous acts they did not commit. Yet, by listening to our clients, getting to the truth, and planning our strategy, our child custody lawyers turned cases nobody wanted into points where our clients won child custody.

Facing a child custody issue? Reach out to our family law firm to set up a free consultation with one of our child custody attorneys. 

How is Child Custody Determined in Illinois?

Chicago courts no longer use the word “custody” and instead focus on these two categories:

1. Parenting Time, which refers to where the child resides on a day-to-day basis; 

2. Allocation of Parental Responsibilities, which gives a parent the authority to make big life decisions about how the child will be raised, such as those concerning education, religion, medical care, extra curriculars and alike. 

The right to have parental responsibilities for decision making can be awarded on a joint or sole custody basis. 

You and your spouse have the right to determine child custody arrangements on your own or through negotiation. This involves creating a parenting plan that sets forth each parent’s custody rights and responsibilities. If you are unable to agree on a plan, mediation may be ordered by the court, in which you work out a plan with the help of a certified mediator. When mediation fails, the matter will go to court, where a judge will make the final decision. 

What are the Types of Custody in Illinois?

In Illinois, there are two primary types of custody: legal custody and physical custody. When parents separate or divorce, these custody arrangements determine their rights and responsibilities.

• Legal Custody: Legal custody refers to the authority to make significant decisions about a child's life, including education, healthcare, religion, and extracurricular activities. In Illinois, legal custody can be either joint or sole:
  • Joint Legal Custody: Both parents share decision-making responsibilities, requiring them to cooperate and communicate about important aspects of their child's upbringing.
  • Sole Legal Custody: One parent has the exclusive right to make major decisions for the child. The other parent may still have visitation rights but does not have a say in critical decisions.
• Physical Custody: Physical custody determines where the child lives and the day-to-day care they receive. Like legal custody, physical custody can also be joint or sole:
  • Joint Physical Custody: The child spends significant time living with both parents, though not necessarily an equal amount. The parents may establish a schedule to share parenting time.
  • Sole Physical Custody: The child resides primarily with one parent, known as the custodial parent. The non-custodial parent typically has visitation rights, allowing them to spend time with the child according to a schedule.
• Combination of Custody Types:
  • There are times when one parent is granted sole physical custody while the other is granted sole legal custody or in other cases, one parent may be granted sole physical custody as well as sole legal custody.

In Illinois, custody decisions are made based on the best interests of the child, considering factors such as the parents' ability to cooperate, the child's needs, and the parents' living arrangements. Providing a stable and supportive environment for the child while fostering ongoing relationships between both parents is the goal of the courts.