St. Charles Child Custody Lawyers

Child Custody Attorneys Helping You Protect Your Decision-Making Rights and Parenting Time in St. Charles, Illinois

In 2016, the state of Illinois replaced the term "custody" with the "allocation of parental responsibilities" in its statutes. That phrase covers two separate things: significant decision-making responsibilities and parenting time. In a family law case, a judge will decide how these issues will be handled. Parents may share every major decision, but one parent may have a child for more than half of the time. Knowing how these issues will be handled in a child custody case can help ensure that you can protect your parental rights.

Child custody cases reward preparation. At A. Traub & Associates, we can help you gather the records that show the care you already provide for your children, draft a parenting plan that a judge can adopt, and get ready for the interviews that may play a role in your case. Attorney Angel Traub has over 20 years of experience handling family law matters. With more than 150 five-star reviews, you can trust that she and our firm have your child's best interests in mind.

Understanding Decision-Making Responsibilities and Parenting Time in Illinois

Significant decision-making responsibilities refer to the authority to make the major choices in your child's life. Illinois breaks this into four areas: education, health, religion, and extracurricular activities. A child custody order can assign all four to one parent, split them so that each of you controls different areas, or require you to make decisions together. These decisions are not about daily choices like bedtime or screen time. They will address which school your child will attend, which doctor will treat them, and whether they will be raised in a certain faith.

Parenting time addresses the time your child is actually in your care. It covers the schedule for regular days and weekends, holidays, and other days, and each parent will be able to handle day-to-day decisions while their child is with them.

Sharing decision-making does not entitle you to equal parenting time, and having the majority of the time does not give you sole authority over decisions. Our child custody lawyers can help you create a parenting plan that promotes co-parenting and serves your child's best interests.

How Courts Decide Parenting Time in Kane County

Illinois law generally starts by presuming both parents are fit. A judge will not limit your time with your child unless evidence shows that your parenting time could put your child's physical or emotional health at risk. That standard is high, and it applies equally to mothers and fathers, which is why fathers' rights cases turn on proof rather than assumptions.

When making decisions about parenting time, courts may weigh a list of factors, including:

• What each parent wants
• What your child wants, based on how mature your child is
• How much time each of you spent caring for your child in the 24 months before the case was filed
• Any agreement or routine the two of you already follow
• How your child gets along with each parent, with siblings, and with anyone else who is important in their life
• How settled your child is at home, at school, and in the community
• The mental and physical health of everyone involved

Courts may review information about parental involvement, so records related to school pickups, doctor visits, and text messages between parents can carry weight in these cases.

Parenting Plans and Mediation in Illinois Family Law

You will generally have 120 days from the date a child custody case begins to submit a proposed parenting plan. You and the other parent can file one jointly, or each of you can file your own. Whichever route you take, the plan must address decision-making, the parenting time schedule, and how the two of you will resolve disagreements down the road.

If you cannot agree on a plan, the judge will usually send you to mediation before holding a trial. Most Kane County parenting disputes can be resolved by negotiating the terms of a parenting plan. Family law mediation can give you control over the outcome, and a plan you helped build is usually one you can live with longer than one a judge imposes.

When the Court May Appoint Someone for Your Child in Kane County

In a contested case, a judge may appoint a lawyer to serve your child. A guardian ad litem will investigate, talk with your child and both parents, and report back to the court. A child representative will advocate for what they believe is best for your child.

The court can also appoint a parenting coordinator to help you follow an existing plan. Any of these people can shape the results of your case. At A. Traub & Associates, we can help you prepare for those meetings. We also provide guardian ad litem and child representative services, advocating for children in family law matters.

Changing a Child Custody Order

Post-divorce modifications are one of the most common reasons parents come back to court after a divorce or child custody case. The right approach to take in these cases will depend on which part of the order you want to change. Parenting time can be modified at any time. You will need to show that circumstances have changed substantially and that a new schedule is better for your child.

Different standards may apply to modifications to decision-making. You generally cannot file a request to modify decision-making responsibilities within two years after an order was originally created unless both of you agree or you file sworn statements showing that your child's current environment seriously endangers their health or development. After two years, you may file a modification request based on changes that have occurred.

Contact Our St. Charles, IL Child Custody Attorneys

Few types of cases feel like they have higher stakes than a fight over the custody of your child. At A. Traub & Associates, we can provide you with communication, collaboration, commitment, and compassion as we help you address these issues. We are here for you when and how you need us. Contact our St. Charles, Illinois child custody and parenting time lawyers at 630-426-0196 to arrange a consultation today.