Evanston Child Custody Lawyer

North Shore Child Custody: Agreements & Advocacy

A women-led law firm where we understand that you do everything for your kids.

Parents don’t think about parenting time when their kids come into their lives. But custody is most parents’ number one concern when things end.

Our North Shore custody lawyers take a tactical approach to ensure that your kids have the best of both worlds and you have the opportunity to co-parent. At O. Long Law, we help Chicagoland parents pursue custody arrangements that make sense, and everything is done with your child’s best interests in mind.

Why Our Firm?

Leaving child custody up to the courts is risky, and parents are free to work things out themselves. But this often results in one-sided deals or needlessly restrictive parenting time schedules. That’s why you need an objective and practical lawyer looking out for you and your children as you decide custody, parenting time, and decision-making issues.

What Makes Us Different

• Tough negotiators, so you get what you deserve.
• A team approach to your custody issue.
• Honest advice and clear communication about what to expect.
• Aggressive advocates for the best possible custody plan.

This is how O. Long Law became the custody lawyers your kids deserve.

Illinois Child Custody: Laws & What To Consider

The Long & Short of It…

Illinois custody laws were revised extensively in 2016-2018. Illinois courts do not automatically award custody to mothers or fathers. Instead, judges work toward solutions where both parents engage in their children’s upbringing, education, medical care, and other issues. However, if a parent has a history of domestic violence, child abuse, or addiction problems, the court can grant sole custody to the other parent.

Child Custody: Establishing Residency

If the child of the parents lives in Illinois, then Illinois courts have jurisdiction when parents cannot agree. Child custody becomes more complicated when one child lives out of state.

Out-of-State Custody

Illinois adheres to the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). This determines which state is the child’s “home state” for legal matters and eliminates more than one state ruling on the same child custody case.

Illinois may issue child custody orders when the child:

• Has lived in Illinois for the last six months (or since birth for infants younger than six months)
• The child either lives in Illinois or has lived here within the past six months, and one parent still lives in the state
• Does not have a home state, and either (1) the child and at least one parent has connections with Illinois, or (2) the child’s care, protection, training, and personal relationships have ties to Illinois.

Decision-Making and Parenting Time

The two most important aspects of parenting, and what the law used to call “custody,” is now called “parenting time” and “decision-making.”

• Parenting time means the time the children spend with each parent, especially the number of overnights.
• Parental decision-making refers to the authority to decide your children’s medical treatment, religion, education, and other significant matters.

What About Shared Parenting Time and Joint Decision-Making?

Most often, divorcing couples or separating parents arrive at an agreement that provides what used to be called a shared child custody arrangement, where the child resides with each parent at least some of the time, and the parents also agree to make crucial decisions together.

Determining a Child’s Best Interests

It is always better to resolve co-parenting concerns through cooperation and negotiation. But if you cannot agree, issues will be left up to a family court judge. Usually, in Chicagoland, the court will appoint a guardian ad litem, an attorney who is supposed to determine the child’s best interests and advise the court.

Courts consider the following when making a custody determination:

• Each parent’s wishes regarding parenting time and decision-making.
• Each parent’s history of caretaking responsibilities for the child over the past two years.
• The parents’ conduct in caring for the child.
• Each parent’s ability to provide a suitable living situation.
• The mental health of all parties.
• The child’s wishes, age, and ability to decide where they want to live.
• Stability and continuity.
• Whether there is a history of physical violence, the threat of violence, or domestic abuse.

Equally important, the court prioritizes communication and cooperation between parents: both parents must be s willing to facilitate and encourage a close relationship between the child and the other parent.

Parental Fitness & Misconduct

The court may also consider whether either parent’s behavior impacts their fitness as a parent. Parents diagnosed with mental illness, struggling with substance abuse, or those with a criminal record or history of abuse against former partners or family members may face challenges or have restrictions on parenting time.

MORE ABOUT PROTECTION ORDERS

How To Get Custody of Your Child

The law considers both parents worthy of parenting time unless there is a strong reason to restrict or deny it.

Co-Parenting Plans

Parents should work to reach a co-parenting agreement. Parents can work with a child custody lawyer to create a parenting schedule and address how to divide holidays, extracurricular activities, college, and other concerns. All of this will be included in a Parental Allocation Judgment, a document filed with the court that spells out the basic rules of co-parenting that both parties agree to abide by.

Disputes & Limiting Parenting Time

Co-parenting with a negotiated agreement is usually best. But, disagreements are bound to arise. When agreements are breached or negotiations break down, parents can enforce their Parental Allocation Judgment or move to modify it.

Guardian Ad Litem

In contentious cases where there is ongoing disagreement about co-parenting or concerns about one or both parents’ ability to parent, a Child Representative or Guardian Ad Litem (GAL) may be appointed. These professionals are trained to represent the child’s interests. A GAL or Child Representative will communicate with the parents, attorneys, children, and the court to monitor the case and make recommendations.