Geneva Child Custody Lawyers

Attorneys Helping to Protect Parent-Child Relationships in Geneva, IL Child Custody Cases

When parents live apart, they must determine how to divide parenting time and make important decisions about their child, sometimes with the court's help. In Illinois, this is called the allocation of parental responsibilities. Illinois law presumes that both parents are fit, but parenting arrangements must be based on the child's best interests. At A. Traub & Associates, communication, collaboration, client commitment, and compassion guide how we help Geneva parents protect their relationships with their children.

What Factors Do Kane County Judges Consider When Allocating Parenting Time?

The court considers several factors when making decisions about child custody, including:

• How much each parent cared for the child during the 24 months before the case was filed, or since birth if the child is younger than two years old
• The child's physical, emotional, and developmental needs
• How well the child has adjusted to their home, school, and community
• How far apart the parents live and how that may affect parenting time
• Each parent's relationship with the child and willingness to support the child's relationship with the other parent
• The child's wishes, based on their age and maturity

The judge may also consider each parent's health and any history of abuse or violence. However, conduct that does not affect the parent's relationship with the child cannot be used against them.

Calendars, school records, and messages about daily care can help show your involvement in your child's life. Many parents resolve parenting disputes through family law mediation rather than having a judge make the final decisions.

How Can Fathers Protect Their Role in a Custody Case?

The factors Illinois judges use apply equally to mothers and fathers. If you are not married to your child's mother, you need to establish legal parentage before the court can allocate time or decisions to you. Once paternity is established, your involvement in your child's daily care becomes central to your case. We can help you protect your father's rights by organizing and presenting proof of your caretaking history.

How Much Weight Do Your Child's Wishes Carry in a Custody Case?

The weight of your child's opinion in a custody case depends on their age and maturity. For example, a 15-year-old's reasons usually carry more weight than a six-year-old's. The judge may interview your child privately in chambers, with the attorneys present. The court may also appoint a mental health professional to complete an evaluation or a guardian ad litem or child representative to investigate a case. We can help you prepare for interviews and evaluations without involving your child in the conflict.

With more than 20 years of experience, Angel Traub understands how important it is to protect your relationship with your child.

What Can You Do if the Other Parent Violates the Parenting Plan?

If the other parent keeps your child from scheduled time or ignores the parenting plan, you may file a petition to address abuse of allocated parenting time. If the judge finds that a violation occurred, the court may order makeup parenting time, parenting education, or counseling. The court may also require the other parent to post a cash bond or pay your attorney's fees.

Parenting time arrangements can also affect child support. Any change in the schedule may call for a review of support as well, and we can help.

Can Grandparents or Other Relatives Seek Time With a Child in Illinois?

Grandparents, great-grandparents, stepparents, and siblings may ask for visitation only in limited situations. The child must be at least one year old, and certain family circumstances must exist. These might include a parent's death, incarceration, or a qualifying divorce or child custody case.

The relative must show that a parent has unreasonably denied visits and that the denial is likely to harm the child's mental, physical, or emotional health. The law presumes that a fit parent's decision does not harm their child, so the relative must overcome that presumption. When a relative is already raising a child, a guardianship or adoption may provide clearer legal authority.

Contact Our Geneva, Illinois Child Custody Attorneys

At A. Traub & Associates, more than 150 clients have left our firm five-star reviews. We help parents understand their rights, prepare for court, and work toward parenting arrangements that will meet their children's needs. Whether you are establishing custody or dealing with an ongoing dispute, we are ready to help. Contact our Geneva, IL child custody lawyers at 630-426-0196 to schedule a consultation.