Child Custody / Child Support Issues in Chicago

Thank you for visiting My Chicago Family Law Attorney. We focus on Child Custody and Child Support issues during a divorce proceeding. Additionally, you can visit our “Why hire us” page to see what separates us from the other Family Law attorneys in and around Chicago.

The attorneys at the Family Law Offices of “insert attorney name” in Chicago know that divorce can be a stressful time for you and your children. We are experienced in Child Custody and Child Support issues. We will guide you step by step so you can be decisions that will be good for you and your children.

Overview

Child custody is the legal relationship (when pertaining to divorce) between a parent and child when it comes to care provided and decision-making.
The best interests of your child are most important.
Illinois child custody laws:
- Do not favor the mother or the father.
- Children cannot choose which parent will be the custodial parent.
  - Depending on their age, their wishes could determine custody orders.
Your child will be better off staying in the home he or she knows, keeping the friends close to them and living a life that is comfortable.
Your child needs to feel the love of both parents.

Determining Custody

The most important consideration in determining custody is always the children’s best interests.
Factors taken into consideration include:
- Which parent is most capable to love, raise and educate the child?
- Who is best to provide food, clothing, and care?
- The bond/relationship between each parent and child.
- Who does the child turn to when sick or troubled?
- Emotional and physical health of each parent – any disabilities?
- Stability in the home environment.
- Where does the child want to live if old enough to say?

Joint Custody

Unless the court finds abuse or an unfit parent, Joint Custody is awarded to parents who will be involved in their child’s life and cooperate with each other in doing so.

Joint Custody
- Does not always mean equal parenting time.
- The physical residence is determined by the parent’s agreement or by a court order.
- The court some times requires the parents to attend mediation to determine if joint custody is a good choice.
- Joint custody is determined by a Joint Parenting Agreement created by the parents.
- The agreement states each parent’s responsibilities, rights and decision making for the child:
  - Medical care
  - Education
  - Religion
Joint custody is awarded if the court determines that the parents are willing to cooperate in matters affecting the child.

Father’s Rights

In disputed cases, a paternity test is taken to determine who the father of the child is.
Fathers are often becoming the residential parent in child custody cases.
The father can ask the mother for child support.

Custody Modifications

In order to make modifications to a custody agreement:
- There must be substantial changes in the circumstances surrounding your child.
- It is difficult to change an order within 2 years of the initial order.
  - Must prove endangerment to your child.
The court will hold an evidentiary hearing once the petition is received.
The court must find convincing evidence that a change has occurred which is not in the best interests of the child.
You must request a modification from the court to relocate your child outside the state.

Child Support

Children have the right to be supported by each parent.
In divorce cases in Illinois where there are minor children, child support is always ordered.
The Illinois State Dispersement Unit makes sure that child support is received.
The State of Illinois uses child support guidelines to determine the amount of the support.
The guidelines are set forth in the Illinois Marriage and Dissolution of Marriage Act.
- Based on the net income from the non-custodial parent
  - less federal, state and social security taxes
  - less contributions such as union dues, retirement, and medical insurance premiums
  - the range is:
    - 1 child: 20%
    - 2 children: 28%
    - 3 children: 32%
    - 4 children: 40%
    - 5+ children: 50%
The non-custodial parent is also required to:
- Provide health insurance
- Education expenses
- Extra-curricular activities expenses
- Unreimbursed medical expenses

Conclusion
If you are going through a divorce, and need the help of experienced Children’s advocates, we urge you to call us at the Family Law Offices of “insert attorney name” in Chicago immediately. We will take the time to listen so you can achieve the goals you set out to reach.