CHILD CUSTODY

A child custody dispute can be one of the most contentious and difficult aspects of a contested divorce proceeding. Prolonged custody disputes can take an emotional toll on both the children and parents involved in the litigation. The ability of an attorney to be an effective advocate in such a dispute requires not only an understanding of the procedural and evidentiary issues relevant to the legal process, but also an acute sensitivity to the psychological and emotional dynamics of the family involved. Having once been a child involved in a bitter divorce and custody dispute, Attorney Christian S. Collin is well aware of both the emotional and financial challenges confronting parties involved in contested child custody litigation. Given his personal history, Christian S. Collin is committed to obtaining the best custodial arrangement for his clients and their children, while attempting to guide them through the process as smoothly and expeditiously as possible. As a preliminary matter, Attorney Christian S. Collin will make every effort to reach a mutually beneficial agreement between the parties before going to trial. If that cannot be achieved, Attorney Collin will zealously advocate for your interests throughout the trial proceedings.

BEST INTEREST OF THE CHILD

Regardless of whether the parents of a child have been married or not, all child custody litigation in Illinois is governed by the Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5/602). Under the IMDA, the determination of child custody is based upon the best interest of the child standard. Under this statute, courts are granted wide discretion is determining what custodial arrangement is in the best interest of the child, though they typically consider a number of statutory factors in arriving at their determination. Section 602 of the Illinois Marriage and Dissolution of Marriage act sets forth the relevant statutory factors considered in child custody determinations:

“(a) The court shall determine custody in accordance with the best interest of the child. The court shall consider all relevant factors including:

1. The wishes of the child’s parent or parents as to his custody;

2. The wishes of the child as to his custodian;

3. The interaction and interrelationship of the child with his parent or parents, his siblings and any other person who may significantly affect the child’s best interest;

4. The child’s adjustment to his home, school and community;

5. The mental and physical health of all individuals involved;

6. The physical violence or threat of physical violence by the child’s potential custodian, whether directed against the child or directed against another person;

7. The occurrence of ongoing abuse as defined in Section 103 of the Illinois Domestic Violence Act of 1986, whether directed against the child or directed against another person; and

8. The willingness and ability of each parent to facilitate and encourage a close and continuing relationship between the other parent and the child.

In the case of a custody proceeding in which a stepparent has standing under Section 601, it is presumed to be in the best interest of the minor child that the natural parent have the custody of the minor child unless the presumption is rebutted by the stepparent.

(b) The court shall not consider conduct of a present or proposed custodian that does not affect his relationship to the child.

(c) Unless the court finds the occurrence of ongoing abuse as defined in Section 103 of the Illinois Domestic Violence Act of 1986, the court shall presume that the maximum involvement and cooperation of both parents regarding the physical, mental, moral, and emotional well-being of their child is in the best interest of the child. There shall be no presumption in favor of or against joint custody.”

Keep in mind that these statutory factors are not exhaustive and courts can consider other relevant factors. A custody determination may also include, but not be limited to: consideration of the sufficiency and stability of the respective parties’ homes and surroundings, the interaction and relationship of the child to his parent and the child’s adjustment to his home, and in some situations, the relative economic positions of the parties involved.

Courts may also appoint a guardian, lawyer, or child’s representative to represent the interests of the children, and may also appoint experts to evaluate the parties and the child. Experts typically include psychiatrists, psychologists, and other mental health professionals, and may be called to testify regarding how the best interests of the children will be served.

MEDIATION

As an alternative to the potentially confrontational nature of contested custody proceedings, many courts have established mediation programs. Mediation can provide a forum for the family to work out custody issues with the assistance of mental health professionals and/or trained mediators.

MODIFICATION

Following a divorce, the issues of child custody, parental decision-making and child visitation are subject to the continuing jurisdiction of the courts. These issues can be modified following a divorce if the court determines that such a modification is consistent with the best interest of the child. It is recognized that as a child grows, his or her needs and desires may change, and in such cases a modification suit may be appropriate. If parenting time and visitation is modified, child support may also be subject to modification.

CONTACT AN ILLINOIS CHILD CUSTODY ATTORNEY

If you are involved in a child custody matter, you need the advice and assistance of an experienced and aggressive child custody attorney to protect you and your children’s legal rights. Call Collin Law Offices, P.C. today at our Chicago office at (312) 263-1252 or at our suburban office in Berwyn at (708) 714-2266 and schedule a FREE CONSULTATION to learn more about how we can assist you.

COLLIN LAW OFFICES, P.C. CAN ASSIST YOU WITH:

*Adoptions
*Alternative Dispute Resolution
*Child Custody
*Child Visitation
*Child Support
*Divorce
*Domestic Relations
*Domestic Violence
*Dissolution of Marriage and Legal Separation
*Family Law
*Matrimonial Law
*Maintenance, formerly known as alimony
*Marital Settlement Agreements
*Paternity
*Post-Decree and Post-Judgment Modifications
*Property Division
*Restraining Orders
*Retirement Benefits
*Qualified Domestic Relations Orders (QDROs)
*Spousal Support