Wheaton, IL Child Custody Lawyers

Attorneys Helping to Resolve Child-Related Issues in Wheaton, Illinois Family Law Cases

Issues related to child custody may be some of the most important concerns to address in a family law case. In a divorce, a paternity proceeding, or another type of family law case, decisions about child custody will directly affect the daily lives of children and parents. In many cases, parents will have differing views on what is best for their children, and these disputes can be difficult to resolve. With the help of a family law attorney, a person can take steps to formalize a parenting plan.

At A. Traub & Associates, our Wheaton child custody lawyers can help parents understand their rights and obligations as they address legal issues related to their children. We work to help our clients develop effective parenting arrangements and resolve any disputes that may arise. We will work to find solutions that will promote stability while providing for children's emotional and developmental needs.

Understanding Legal Custody and the Allocation of Parental Responsibilities

Under Illinois law, the allocation of parental responsibilities refers to the authority to make major decisions for a child in the following areas:

• Education: Parents may determine how to make decisions about a child's schooling, including public vs. private education and special education services.
• Healthcare: Parents may need to make choices regarding medical, dental, and psychological care for children.
• Religious Upbringing: Parents may reach agreements about the religious education children may receive and other ongoing religious practices.
• Extracurricular Activities: Parents may address children's participation in sports, music lessons, dance classes, scouting, clubs, or other enrichment programs.

Certain parental responsibilities may be shared jointly or allocated to one parent. In some cases, parents may divide responsibilities. For example, one parent may be responsible for making healthcare decisions, while both parents will share decision-making authority regarding education. Our child custody attorney can advocate for a fair and workable distribution of decision-making authority that will ensure that our parents can address the important issues involved in raising their children.

Parenting Time Schedules

Parenting time refers to the time each parent will spend with their children, including when children are staying overnight at a parent's home or when parents are caring for children during weekdays, weeknights, and/or weekends. Illinois courts will usually encourage parenting time arrangements that will promote strong relationships between children and both parents.

Parenting time can be structured in many ways, depending on the family's circumstances. Common parenting time schedules include:

• Alternating Weekends: One parent may have parenting time every other weekend, as well as additional time during the week.
• Shared Weekdays: Children may alternate between parents' households during the week, such as spending two weekdays with each parent and alternating three-day weekends.
• Week-On/Week-Off: Children may spend one week with one parent, then switch to the other parent's home for the next week.
• Custom Schedules: Families may design unique arrangements that will align with parents' work schedules, children's school calendars, children's activities, and other factors.

Our lawyers can help parents address important considerations as they take steps to create a parenting time schedule, such as:

• Holiday and Vacation Schedules: A schedule should specify how time will be shared on holidays such as Thanksgiving, Christmas, and children's birthdays. Summer and school break schedules should also be addressed, including how long vacations may last and when notice must be provided.
• Transportation Arrangements: Parents can make decisions about who will be responsible for drop-offs and pick-ups, where exchanges will occur, and how delays or conflicts will be handled.

Terms Included in a Parenting Plan

In Illinois family law cases, parenting plans will need to be created that will outline all decisions made regarding child custody while also including terms that will help parents work together to raise their children effectively. Key terms of a parenting plan may include:

• Communication Guidelines: Rules may be included detailing how parents and children may communicate when apart, including through phone calls, video chats, or messaging apps. Parents may also detail how they will communicate with each other when discussing child-related issues.
• Dispute Resolution Methods: Parents may agree on the procedures that will be used when resolving disagreements, such as mediation or consultation with a parenting coordinator.
• Relocation Provisions: A plan may specify conditions that must be met if one parent plans to move, particularly if the relocation would affect the current parenting time schedule.
• Right of First Refusal: Parents may choose to include provisions that will require one parent to offer the other parent the opportunity to care for children before arranging for a babysitter or third party.

Modifying Child Custody and Parenting Time

Over time, changes in a family's circumstances may require updates to parenting arrangements. Illinois law allows for the modification of parental responsibilities and parenting time when there has been a substantial change in circumstances. Modifications must serve the children's best interests. Common reasons for seeking a modification include:

• Parental Relocation: If a parent wants to move a significant distance—typically more than 25 miles from a residence in DuPage County—the relocating parent must provide advance notice, and court approval will be required. The court will consider how the move will affect the children's relationship with the other parent, as well as the available educational opportunities and the distance from extended family members.
• Changes in the Child's Needs: As children grow, their educational, social, or health needs may evolve, prompting a review of parenting time or decision-making arrangements.
• Work Schedule Adjustments: A parent's change in employment or work hours may affect the parenting time schedule, and adjustments may need to be made to the days and times that children will spend with each parent.
• Concerns About Parenting Capacity: If one parent is no longer able to safely or reliably care for their children, the other parent may take action to modify child custody arrangements. If there are safety concerns, a parent may request that the other parent's parenting time be supervised.

Our attorneys can assist with modification petitions and provide representation in hearings, working to put solutions in place that will provide for children's best interests going forward.

Contact Our Wheaton Child Custody Attorneys

At A. Traub & Associates, our knowledgeable family law attorneys will help you take steps to protect your parental rights and ensure that you will be able to meet your children's needs. We will focus on achieving practical solutions while minimizing conflict whenever possible. Contact our Wheaton, IL parenting plan lawyers at 630-426-0196 to set up a consultation today.