Schaumburg, Illinois: Child Custody Dispute Lawyers
Child custody disputes can arise during a divorce or afterwards. Decisions about custody and care of children are often the most difficult parts of divorce proceedings. Child custody disputes can also be extremely expensive because they often turn into protracted legal battles. It is not unheard of for a parent to come away from a custody battle without having achieved the desired outcome and having spent much of the child's college education savings in the process.
At the law firm of Lagattuta & DeGrazia, P.C., located in Schaumburg, Illinois, we guide our clients through an extensive cost-benefit analysis before we agree to take on a child custody dispute. We find out what our client's concerns are about child custody and parental rights, and we explore other solutions besides a full-scale child custody dispute — solutions that may achieve the same desired goal without depleting our client's financial resources.
Child Custody Versus Child Visitation
Child custody and child visitation are two separate issues. Even if you have sole physical and legal custody of your children, the other parent will almost always have the right to some kind of visitation with the child. Physical custody determines who the child lives with. Legal custody means the right to have input into decisions about the child's health, education and religion.
Visitation means the right of the noncustodial parent to spend parenting time with the child. The decision about child custody will usually have no effect on the determination of visitation time. Even if one parent gets sole physical and legal custody, that decision will have little or no effect on the amount of visitation time awarded to the noncustodial parent.
Modification of Custody
It is critically important to negotiate an acceptable child custody agreement during the divorce process. This is because it is almost always more difficult to change a custody decision than it is to create a custody arrangement in the first place. Under Illinois child custody laws, parents cannot ask the court to change the child custody determination within the first 2 years after the divorce — unless the current child custody arrangements physically endanger the child.
Child Removal and Child Relocation
Child custody disputes often arise in the context of child relocation, when the custodial parent wants to move out of state with the child. Under the Illinois child relocation law, the custodial parent may not move out of state without the other parent's consent. If the noncustodial parent disagrees with the move, the court may block it — unless it can be shown that the move is in the best interests of the child.
Contact Our Schaumburg, Illinois Child Custody Dispute Attorneys
If you have questions about child custody — whether you are considering divorce or already have a divorce decree — we encourage you to contact the law offices of Lagattuta & DeGrazia, P.C., to schedule a free initial consultation. Call 847-240-5500 or send us an e-mail.
