Wheaton, IL Child Custody Attorneys

DuPage County Family Law Lawyers

A child custody and visitation order has a number of components. First, it must be workable. The provisions must be specific enough to be enforceable, yet broad enough to encompass a number of different scenarios. The orders must be complete. Any errors, omissions, or inaccuracies can lead to costly, and otherwise unnecessary, modification procedures. Finally, and perhaps most importantly, the orders must uphold the best interests of the children. In most cases, although certainly not all of them, the childrens' best interest includes ongoing contact with both parents.

FAMILY LAW ALERT: Illinois family laws changed drastically as of January 1, 2016. Click here to see how custody and visitation were affected.

At the Law Offices of Salvatore C. Miglore & Associates, our attorneys work hard to find practical and cost-effective solutions for your family. The judge will take a host of factors into account, and it is crucial that you have an effective courtroom advocate. An effective family law attorney is also at your side during mediation, settlement negotiations, document exchanges, social services evaluations and all other phases of the case. While some other attorneys may shy away from complex matters or those involving children with special needs, our DuPage County family law attorneys embrace these cases and these families. 

In Illinois, as in most other states, "custody" refers to both physical custody - where the children live - and legal custody - who makes important decisions. Custody issues may arise in cases where divorce is a mitigating factor, but unmarried parents may also experience child custody and visitation disputes as well. To determine the children's best interest in a particular matter, the court may look to a number of different factors, including:

• Preference of a Parent or Child: The judge often examines a parent's words and actions, or inactions, to determine their interest in child custody. Older children can also make their preference known to the court, although the judge has the final say.
• Children's Adjustment: This item is a determining factor in many custody matters and investigates the child's current and future living situation. Are the children doing well in school? Do they bathe, wear clean clothes and brush their teeth? Do they have friends? Are they exposed to pornography, substance abuse, or abuse?  Are they mentally and physically healthy? These are just some of the questions that may come into play when a child custody determination is made.
• Ability to Co-Parent: The court, a social worker, or attorney ad litem look unfavorably at a parent who is unwilling to work with the other parent regarding everyday matters such as vacation schedules, doctor's appointments, and extracurricular activities.
• Stability: Change is a part of life, but frequent moves, long absences, job-hopping, or periods of unemployment can reflect badly on a parent's ability to provide a secure home for children.

As a rule of thumb, most judges are hesitant to upset the status quo unless there is a compelling reason for a change, and most judges order joint custody unless there has been family violence, a Department of Children and Family Services investigation, or some similar event.

At the Law Offices of Salvatore C. Miglore & Associates, our two main priorities in a child custody case are your rights and your children's best interest. Contact our DuPage County family law attorneys today for a free consultation at (630) 933-8400. We focus on families in DuPage County, but we also serve clients in Cook, Kane and DeKalb Counties.