Illinois Joint and Sole Custody Attorneys
Experienced Family Law Lawyers in DuPage County
The Davi Law Group provides family law services to individuals dealing with child custody issues in a legal separation, divorce or dissolution of a civil union. We are particularly concerned with the health, care and overall well-being of children who endure familial upheaval. When a marriage or union fractures, the children are often impacted the most.
Our attorneys are dedicated to advocating for an outcome that best suits your specific needs. We are committed to fighting for solutions that are in the best interests of children and the clients we serve. This means advocating for proper visitation rights / parenting time and fighting against placing children in unhealthy environments that involve neglect, violence or abuse.
Under the Illinois Marriage and Dissolution of Marriage Act, the best interests of the child are determined by examining several factors, such as:
- The wishes of children and their parents;
- The dynamics of familial relationships;
- The possible impact of changes in residence;
- The physical and mental state of all parties;
- Any actual or perceived violence or threats of violence;
- The direct or indirect presence of abuse;
- Each parent’s commitment to foster the child’s bond with the other parent;
- Whether a parent is a registered sex offender;
- The terms of a family care plan for pre-deployed U.S. soldiers.
Even after a divorce is final, a post-decree modification can be sought in the event of the serious endangerment of a child within the first two years or when such a modification would be in the child's best interests after the two year period. We encourage our clients to continually review the custody arrangement and make updates to protect the best interests of all children involved.
Understanding Sole and Joint Custody of Children in Chicago, Illinois
A parent who has physical custody of a child is considered the custodial parent (CP), but that does not mean they are the only parent to make decisions for their children. Only a parent with sole custody can make all decisions for his or her child. While they may entertain input from the other parent, they are not required, by law, to adhere to the other parent’s wishes. A non-custodial parent (NCP) who shares joint custody of a child has equal decision-making responsibility and both the CP and NCP must consult and acquire the agreement of the other when making major decisions that effect a child. In joint custody relationships, parents work together to decide major life issues for children in the areas of education, health, and religious activities.
How Does Parentage Impact Child Custody?
Women who are raising a child as a single parent should be aware that parentage can impact determinations of custody, child support and visitation rights. Parentage refers to the establishment of the paternity relationship between a child and his or her father. A mother is presumed to have sole custody over a child unless the biological father has asserted his rights or a court order has addressed issues regarding the father's parental rights.
If you need help with establishing parentage or working through child custody issues, contact the Davi Law Group today. We invite you to schedule an initial consultation so we can hear the details of your situation. We will provide an honest assessment of your family law matter and explain our approach at no charge, which has an approximate value of $325.00. If you live in DuPage County, please schedule an appointment at our Wheaton office. We also have offices in Warrenville, Illinois, Chicago, Illinois, and Joliet, Illinois and look forward to meeting with you soon.