Cary Child Custody Attorneys
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.
Start with Vaclavek Hartman Vaclavek today by calling (815) 507-8887 or reaching out online to request a free consultation.
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.
Visitation & Child Custody
Child custody and visitation, referred to as "parenting time" under Illinois law 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.
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.
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
Questions About Child Custody? 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.
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.