Cary Child Custody Attorneys
Experienced Child Custody Lawyers Serving McHenry County, IL
At Vaclavek Hartman Vaclavek, we have witnessed time and again how emotional and challenging child custody cases can be. That is why we aim to provide compassionate, highly personalized support when we take on cases dealing with this sensitive area of family law. If you are navigating a child custody dispute, whether within or outside of divorce, enlist our help. Since 2017, we have served thousands throughout McHenry and Kane counties. With our Cary child custody lawyers on your side, you can face the challenges of your case confidently.
When you first contact us about a custody issue, we take the time to learn about your family, your goals, and any urgent concerns you may have. We then walk you through how Illinois law applies to your situation and outline practical next steps, so you are not left guessing about what comes next. Because we regularly handle matters in local courts such as the McHenry County Courthouse in Woodstock and the Kane County Judicial Center in St. Charles, we understand how judges in these courts tend to approach parenting time and decision-making disputes, and we use that knowledge to help you prepare.
Start with Vaclavek Hartman Vaclavek today by calling (815) 507-8887 or reaching out online to request a free consultation with an experienced Cary child custody lawyers.
Types of Child Custody in Illinois
Illinois law recognizes two primary types of child custody:
- Legal custody - This refers to a parent’s right to make major decisions about the child’s upbringing. These decisions may involve a child’s education, healthcare, religion, and extracurricular activities. Legal custody can be shared (joint custody) or assigned to one parent (sole custody).
- Physical custody - This refers to with whom a child will primarily reside. Like legal custody, physical custody can be split between parents or awarded to one parent while the other has scheduled visitation.
In many Illinois families, legal custody and physical custody do not look exactly the same, which can be confusing without guidance. For example, parents might share joint legal custody so they both have a say in medical or school decisions, while one parent has primary physical custody during the school week. We help you think through day-to-day details like school pick-ups in Cary, transportation to activities, and holiday schedules, so your parenting plan is realistic and workable instead of just a list of legal terms.
Visitation & Child Custody
Child custody and visitation, referred to as "parenting time" under Illinois law, are closely connected. When courts grant physical custody to one parent, the other is typically awarded visitation rights. Parenting time outlines the schedule and structure for when the non-custodial parent spends time with their child. Even when parents share joint physical custody, the court sets a parenting schedule to clarify each parent’s responsibilities and provide consistency for the child. To learn more about this area of Illinois family law, check out our Visitation page.
Disputes about parenting time can arise for many reasons, including a parent’s work schedule, concerns about safety, or a relocation to or from the Cary area. When these issues come up, we help you document your concerns, propose practical schedule adjustments, and, when necessary, present your position clearly to the court. Our goal is to develop parenting arrangements that support your child’s stability at home, in school, and in the broader McHenry County community while protecting your relationship with your child.
Do Parents Need to Go to Court to Determine Child Custody?
You do not necessarily have to go to court to determine child custody. In fact, many parents choose to negotiate custody arrangements through informal discussions or mediation. Doing so can save time, reduce stress on your family, and make more flexible outcomes possible.
However, if you and your co-parent cannot mutually agree on an arrangement or mediation is not working, a court must intervene. In these cases, a judge will make the final decision regarding child custody. The court’s decision will be based on your child’s or children’s best interests.
If you are unsure whether to keep negotiating or move forward with a court case, we can explain what to expect from each path and help you weigh the pros and cons. For some families in Cary, a structured mediation process with guidance from a child custody attorney Cary parents can trust is enough to resolve disagreements. For others, preparing for a hearing at the McHenry County or Kane County courthouse is the best way to protect the children’s well-being. We support you through either option, helping you stay organized, gather important documents, and keep the focus on workable solutions rather than conflict.
How We Help You Prepare for a Custody Case
Knowing what to expect during a custody case can make the process feel less overwhelming. When you work with us, we start by reviewing your current parenting arrangements, any previous court orders, and the history of your co-parenting relationship. We then talk through your priorities, such as maintaining your child’s school in Cary or nearby communities, addressing safety concerns, or creating a schedule that works with both parents’ jobs. This early preparation allows us to build a clear, organized picture of your family’s situation before you appear in an Illinois family court.
As your case moves forward, we help you gather and present information the court may find useful, including school records, medical documents, calendars of your parenting time, and messages that show how the co-parenting relationship has functioned. We also prepare you for mediation sessions, conferences, and hearings at local venues such as the McHenry County Courthouse or Kane County Judicial Center, explaining who will be present and what kinds of questions may be asked. By understanding the process and having a plan, you can make more confident decisions about proposals, settlements, and whether a child custody lawyer Cary parents rely on should present your case to the judge or continue pursuing an agreement outside the courtroom.
Start with Vaclavek Hartman Vaclavek today by calling (815) 507-8887 or reaching out online to request a free consultation with an experienced Cary child custody lawyers.
What Illinois Courts Consider When Making Child Custody Decisions
As above, the state’s courts will prioritize the best interests of children when tasked with determining child custody.
To do this, they will evaluate several factors, including:
- The mental and physical health of the child and parents
- The child’s needs and developmental stage
- Each parent’s ability to meet the child’s needs and provide a safe living environment
- The child’s relationship with each parent, siblings, or other significant family members
- The child’s adjustment to their current home, school, and community
- Each parent’s willingness to encourage a positive relationship between the child and the other parent
- Any history of domestic violence or abuse in the household
- The child’s preferences, depending on their age and maturity
Courts do not look at any single factor in isolation, which is why careful preparation is so important. We help you gather school records, medical information, communication logs, and other materials that may show how your proposed plan supports your child’s best interests. If your child is rooted in local schools in or around Cary or involved in activities in McHenry or Kane County, we also help you present that stability to the judge in a clear, respectful way that keeps the focus on your child rather than on conflict with the other parent.
Questions About Child Custody in Cary? We Have Answers.
Settling your child custody case may be one of the most emotional and complex things you must do in your lifetime. Recognizing this, our team at Vaclavek Hartman Vaclavek is here to not only provide legal services but emotional support at every step. Whether you are in the middle of a custody dispute or know that you must settle one in the near future, partner with us. As our client, you can expect us to be available when it matters most, empower you with information about your legal options, and advocate fiercely for you and your loved ones.
Many parents also worry about what happens after a custody order is entered, such as modifying parenting time when work schedules change, enforcing orders when a parent will not follow them, or addressing a planned move out of the Cary area. We guide you through these post-judgment issues, helping you understand when a change in circumstances may justify asking the court to modify existing orders. By working with a child custody lawyer Cary families feel comfortable turning to for ongoing support, you can address future changes with a plan rather than reacting in crisis.
To speak with one of our Cary child custody attorneys about our services, call (815) 507-8887 or get in touch with us online. Virtual and in-person consultations are available for your convenience.