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Family Law Child Custody and Parenting Time

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Family Law
Child Custody and Parenting Time

Caring, Compassionate Child Custody Attorneys

Few situations create more anxiety for a parent than realizing that the person they share a child with sees the future completely differently than they do. You believe one parenting schedule makes sense. They believe another does. You think your child’s needs should come first. They accuse you of being unreasonable. When disagreements reach this point, legal guidance becomes critical.

At SAM LAW OFFICE, LLC, our lead attorney brings decades of family law experience to every case she handles, along with a deep understanding of how custody proceedings affect the whole family, not just the legal outcome. We have represented hundreds of parents in custody disputes and are ready to pursue favorable results for your family.

Who We Represent

At SAM LAW OFFICE LLC, we primarily represent parents involved in contested custody disputes where significant conflict, complex family dynamics, or high stakes make resolution difficult.

We frequently assist clients in situations such as:

  • Custody disputes connected to complex divorce litigation, where disagreements about children are intertwined with high-value assets, business interests, public visibility, or ongoing legal conflict between the parties.
  • Relocation and move-away cases in which one parent wants to relocate with the child, and the other parent believes the move would negatively affect their relationship with the child.
  • Modification and enforcement matters involving parents who repeatedly violate court orders, interfere with parenting time, refuse to cooperate, or seek substantial changes to an existing custody arrangement.
  • Paternity and parentage actions for unmarried parents who need to establish legal rights and responsibilities for their children, including parenting time and decision-making.

No matter the situation, our firm will help you understand your legal rights and the actions required to pursue the outcomes you seek.

Understanding Child Custody in Illinois

Illinois law no longer uses traditional terms like “sole custody” or “joint custody” in the way most people are familiar with. The Illinois Marriage and Dissolution of Marriage Act now refers to custody as the “Allocation of Parental Responsibilities.” This legal framework centers on two main concepts: parental decision-making and parenting time.

  • Decision-making authority: This covers major choices about a child’s education, healthcare, religion, and extracurricular activities. The court may assign these responsibilities to one parent or have both parents share them, based on the child’s best interests.
  • Parenting time: This details the schedule of when the child is in each parent’s care. Arrangements can include alternating weeks, split weekends, or other custom schedules. In some cases, one parent may receive all the parenting time, while the other has supervised or restricted visitation.

These responsibilities and schedules are typically set forth in a formal parenting plan.

How Are Parenting Plans Created?

Parents have two options when it comes to their parenting plan:

  1. Reach an agreement together. You and the other parent can work with attorneys, a mediator, or both to develop a parenting plan that reflects your child’s needs and your family’s circumstances. This agreement is then submitted to the court for approval.
  2. Ask the court to decide. If parents cannot agree, a judge will hear evidence from both sides and make a final decision.

What Do Courts Consider When Deciding Custody?

If you leave the creation of your parenting plan up to the court, it will base its decision-making on what it feels is in your child’s best interests. Courts evaluate:

  • The nature and quality of each parent’s relationship with the child
  • Each parent’s willingness to support the child’s relationship with the other parent
  • The child’s adjustment to their current home, school, and community
  • The health of all parties involved
  • Each parent’s history of caregiving and financial support
  • Each parent’s capacity to provide a stable and supportive environment
  • The child’s own preferences, depending on their age and maturity

No two custody cases are evaluated the same way. Courts conduct a comprehensive review, and nearly any relevant factor can be considered.

Why Do You Need a Child Custody Attorney?

The stakes in a custody proceeding are high, and the process is rarely straightforward. Having skilled legal representation can change the outcome of your case.

An attorney can help you understand what the court will focus on, present your position clearly and effectively, identify issues you may not have anticipated, and advocate for your rights and your child’s well-being throughout the process.

Why Choose SAM LAW OFFICE LLC?

Plenty of law firms handle family law cases. Fewer take the approach we do. Here is what sets our team apart:

  • We actually listen. Before we talk strategy, we listen. We want to understand what you are going through, what your relationship with your children looks like, and what matters most to you. That context shapes everything we do on your behalf.
  • We tell you the truth. We will not waste your time or your money chasing legal strategies that are unlikely to work. You will always get an honest assessment of your situation, including what is realistic and what is not.
  • We show up in court. Our attorneys have a strong presence in family court throughout the Chicago area. When your case goes before a judge, we are prepared, experienced, and ready to advocate hard for a fair outcome.
  • We are respected within the legal community. Attorney Susan A. Marks and her associates have earned recognition from Super Lawyers, Rising Stars, and Lawyers of Distinction, reflecting a track record of professional excellence.

Reach Out Before Decisions Are Made About Your Children

When two parents have fundamentally different ideas about what the future should look like, the disagreements rarely resolve themselves. The decisions made now may affect where your children live, how major decisions are made, and the role you will play in their lives for years to come. If those issues are being contested, SAM LAW OFFICE LLC can help you understand where you stand, what the law allows, and what steps should be taken next. Contact us today to schedule a consultation.

FAQs About Child Custody & Parenting Time in Illinois

Does Illinois favor mothers in custody decisions?

No, Illinois law requires courts to make custody decisions based on the child’s best interests, not the parent’s gender. The Illinois Marriage and Dissolution of Marriage Act specifically prohibits gender bias. Courts evaluate factors like each parent’s ability to provide care, the child’s relationship with both parents, and the stability of each home environment.

Can a child choose which parent they want to live with in Illinois?

While Illinois courts consider a child’s wishes, there’s no specific age when children can decide independently. The court weighs the child’s preference alongside their maturity level and reasoning. Generally, the preferences of older teenagers carry more weight, but the final decision always prioritizes the child’s best interests over their stated preference alone.

How do Illinois courts handle custody for unmarried parents?

Unmarried parents must first establish legal paternity before pursuing custody rights. Once paternity is confirmed through voluntary acknowledgment or court order, both parents have equal rights to seek custody and parenting time. The same best-interest standards apply regardless of the parents’ marital status.

Can a parent request supervised visitation for the other parent?

Yes, but only when there’s evidence of risk to the child’s safety or well-being. Courts may order supervised visits if there’s documented domestic violence, substance abuse, mental health concerns, or child endangerment. The requesting parent must provide substantial proof that unsupervised contact poses a genuine danger.

What are the biggest mistakes people make in a custody battle?

Common mistakes include placing children in the middle of conflicts, violating court orders, making major decisions without consulting the other parent, and prioritizing punishment of the ex-partner over the child’s needs. Additionally, poor communication, missing court dates, and failing to document important interactions can seriously damage your case.

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