Chicago Illinois Child Custody and Visitation

Children comprise the biggest issue in cases involving spouses in Chicago. While the judge’s responsibility is to make rulings in the best interest of the children, the parents often disagree regarding what the children’s best interests are. We attempt to facilitate mutually agreeable custody and visitation agreements, but if the other parent is unreasonable, we will fight for the custody and visitation desired by our client.

In court, the judge will ultimately decide custody and visitation issues, but before the judge makes a decision, the judge may appoint a guardian ad litem for the child or a child’s representative for the purpose of representing the best interests of the child and advocating for the child in court. If the guardian ad litem’s or child representative’s position or recommendation is not consistent with our client’s best interests, we will seek to have a psychologist or psychiatrist conduct evaluations and make a recommendation. We work with only the finest professionals for these evaluations.

Parents Living in Different States or With Professional Travel Obligations

In our increasingly mobile society, parents often are required to move for job purposes or to travel extensively. These needs complicate custody and visitation issues. We are knowledgeable in the law in these areas and skilled at protecting our clients’ interests when such issues exist.

International Issues

Child custody and visitation is further complicated when parents reside in different countries. We have extensive experience with such situations and know the law well.

Before any action is taken with respect to child custody, an attorney must be consulted about jurisdictional option and requirements. The law is intended to protect the child's best interest, and any hardships faced by the parents must give way to what is in the best interest of the child.

1) In what types of proceedings can child custody be adjudicated?

• Child custody may be adjudicated pursuant the following statutes:
• under the Illinois Marriage and Dissolution of Marriage Act (IMDMA) as part of a dissolution or legal separation case
• under the Illinois Marriage and Dissolution of Marriage Act (IMDMA) as an independent action, even though the parties have never been married to each other
• under the Illinois Parentage Act of 1984 in an action to establish parentage (formerly known as a paternity, or bastardy, proceeding
• under the Probate Act of 1975 when guardianship of a minor child is being sought
• under the Juvenile Court Act of 1987, when a child has been adjudicated delinquent, dependant, neglected or abused and made a ward of the court
• and where no other vehicle exists, under the Habeas Corpus Act.
• under the Adoption Act, pending termination of parental rights, temporary child custody may also be determined .