Des Plaines Child Custody Lawyer
Child custody disputes can affect every part of your life, including your relationship with your child, your parenting rights, and your family’s future. Whether you are going through a divorce, negotiating a parenting plan, or dealing with a dispute regarding parenting time or decision-making responsibilities, it is important to have experienced legal guidance protecting your interests and your child’s well-being. A Des Plaines child custody lawyer at our firm can help you navigate the legal process and advocate for a parenting arrangement that supports your child’s best interests.
Our team at The Rogoff Law Group, P.C., represents parents throughout Des Plaines, Schaumburg, Arlington Heights, Schiller Park, Norridge, Mount Prospect, and surrounding Illinois communities in child custody and parenting responsibility matters. With more than 31 years of experience handling family law disputes, our firm understands how emotionally difficult custody cases can become. We work closely with parents to protect meaningful parent-child relationships while pursuing practical solutions tailored to each family’s circumstances.
“Child custody cases are about far more than legal paperwork or parenting schedules. They shape your child’s stability, your role as a parent, and your family’s future. We fight to protect those relationships and help parents move forward with clarity and confidence.”
Call The Rogoff Law Group, P.C. at (847) 768-2194 today to discuss your child custody case with an experienced Des Plaines child custody lawyer.
Should You Hire a Child Custody Lawyer?
As you approach the conclusion of your divorce, you may be left with significant decisions regarding child custody. Together with your ex-spouse, you may be able to draft a parenting plan with the help of a mediator or family law attorney.
If negotiations fail, however, you may be forced to place the decision-making power in the hands of the court. When this happens, you need an aggressive child custody lawyer that will fight for your rights and the best interests of your children. If your current custody order is no longer in your child’s best interest, a child custody lawyer can help you renegotiate a previous agreement to represent the current circumstances.
A child custody attorney with The Rogoff Law Group, P.C. can help you navigate difficult decisions, such as:
- Parenting time allocations
- Decision-making power
- Grandparent visitation arrangements
- Child support allocations
Creating a Parenting Plan in Illinois
Parenting responsibilities can be allocated through a legal judgment or through the drafting of an approved parenting plan. When the parties agree to draft a parenting plan, they will work with a family law attorney or mediator to make decisions regarding parenting time and legal decision-making power.
Factors to consider when drafting your parenting plan include:
Parenting Time Arrangements
Together with the other parent, you will need to determine with whom the child will reside, and how visitation will be handled. The division of holidays, weekends, and special events will need to be considered.
The Division of Decision-Making Power
You will need to decide important matters involving your child’s upbringing. This includes medical decisions, as well as decisions about religion, education, technology exposure, discipline, and involvement in extracurricular activities.
Where the Child Will Attend School or Church
The school the child will attend will likely be based on where the child lives. Additionally, you will need to come to an agreement regarding spiritual beliefs and exposure to religion. This includes what denominations the child practices, as well as where he or she will practice.
Involvement With Other Family Members
Your child’s involvement with other family members needs to be agreed upon, with respect for the best interest of the child. Generally, disrupting existing relationships is not recommended, unless they do not contribute to the well-being of the child. You need to be on the same page about involvement with stepparents, as well as exposure to a parent’s romantic partners. Grandparent visitation should also be considered.
Parenting Time and Decision-Making Responsibilities in Illinois
Illinois no longer uses the terms “joint custody” and “sole custody” in the same way many parents remember from older family law cases. Instead, courts allocate parenting time and decision-making responsibilities based on the child’s best interests.
Parenting time refers to when the child spends time with each parent and where the child primarily resides. Depending on the circumstances, parenting arrangements may involve one parent having a majority of parenting time, equal parenting schedules, supervised parenting time, or another arrangement that supports the child’s well-being and stability.
Decision-making responsibilities involve important choices regarding the child’s upbringing, including:
- Education
- Healthcare and medical treatment
- Religious upbringing
- Extracurricular activities
Decision-making responsibilities may be shared between both parents or allocated primarily to one parent depending on the circumstances of the case.
When determining parenting responsibilities, Illinois courts may consider:
- The child’s relationship with each parent
- Each parent’s living arrangements
- Work schedules and caregiving responsibilities
- The child’s adjustment to home and school
- The willingness of each parent to support the child’s relationship with the other parent
- Any concerns involving abuse, neglect, substance abuse, or safety
Courts generally favor parenting arrangements that promote stability, consistency, and meaningful relationships between children and both parents whenever appropriate.
Our Family Law Practice Areas
Divorce Lawyer
Our Des Plaines divorce lawyers will help you navigate your uncontested or contested divorce, so you can move forward to enjoy your best life.
Child Custody
At The Rogoff Law Group, P.C., our child custody lawyers help ensure the right parenting plan is in place for your children to thrive.
Child Support
With over 29 years of experience helping parents maintain financial stability for their children, child support lawyer Scott D. Rogoff knows what it takes to help you win.
Spousal Maintenance
Spousal maintenance attorney Scott D. Rogoff can help make sure equitable temporary, fixed-term, or permanent alimony orders are in place, so your financial future is safeguarded.
Prenuptial Agreements
Your assets, your inheritance, and your children’s rights are at stake. Prenuptial agreement lawyer Scott D. Rogoff can help ensure your finances are protected.
How Is Child Custody Determined in Illinois?
Illinois courts determine child custody matters based on the best interests of the child. When allocating parenting time and decision-making responsibilities, the court’s primary focus is protecting the child’s physical well-being, emotional stability, safety, and overall development. In many cases, courts favor arrangements that allow children to maintain meaningful relationships with both parents whenever appropriate.
What Does the Court Consider?
Every family situation is different, which means custody decisions are based on the specific circumstances of each case. Courts may evaluate the parents’ ability to provide a stable home environment, meet the child’s needs, and support the child’s relationship with the other parent. Judges may also review evidence involving safety concerns, family conflict, and each parent’s involvement in the child’s life.
What Makes a Parent “Unfit”?
For a parent to be considered unfit under Illinois law, the court must determine that the parent cannot provide a safe and stable environment or properly care for the child’s basic needs. Situations involving abuse, abandonment, neglect, substance abuse, criminal conduct, or severe mental health concerns may affect parenting time and decision-making responsibilities.
Can Parents Reach an Agreement Without Court?
In some custody cases, parents can resolve parenting disputes through negotiation or mediation without requiring a judge to make the final decision. However, when parents cannot agree, the court will review the evidence, evaluate the child’s best interests, and issue a parenting order that determines parenting time and decision-making responsibilities.
What Factors Can Affect a Child Custody Case?
Every child custody case is different. Illinois courts evaluate a wide range of factors when determining what parenting arrangement serves the child’s best interests. While no two cases are exactly alike, certain issues can significantly affect parenting time and decision-making determinations.
Factors that may affect a child custody case include:
- Each parent’s involvement in the child’s daily life
- Communication and cooperation between the parents
- The child’s relationship with each parent
- School stability and living arrangements
- A parent’s work schedule and availability
- Relocation plans
- Domestic violence or abuse allegations
- Substance abuse concerns
- Mental or physical health issues affecting parenting abilities
- The willingness of each parent to encourage a relationship with the other parent
Courts generally favor arrangements that promote stability, consistency, and the child’s overall well-being.
What Should Parents Avoid During a Child Custody Case?
Child custody disputes are often emotional, stressful, and unpredictable. However, the actions parents take during a custody case can directly affect how the court views their ability to support the child’s best interests. Even decisions made outside the courtroom may influence parenting time and decision-making determinations.
Parents involved in custody disputes should avoid:
- Speaking negatively about the other parent in front of the child
- Interfering with parenting schedules or visitation
- Discussing court proceedings with the child
- Posting details about the case on social media
- Ignoring court orders or parenting agreements
- Allowing conflict with the other parent to affect the child’s well-being
Illinois courts generally favor parents who demonstrate stability, cooperation, and a willingness to support the child’s relationship with the other parent whenever appropriate. Judges may also consider whether a parent encourages healthy communication and minimizes unnecessary conflict.
In cases involving domestic violence, substance abuse, or safety concerns, protecting the child’s well-being remains the priority. An experienced child custody lawyer can help you understand how your actions during the case may affect parenting determinations and help you avoid mistakes that could negatively impact your custody matter.
Should You Choose Mediation or Go to Court?
When determining whether mediation or litigation is appropriate for your child custody case, it is important to consider the level of conflict between the parties and the specific needs of your child. Some parents are able to cooperate and work toward a parenting agreement, while others require court intervention to resolve serious disputes.
Mediation is often less stressful, more cost-effective, and more efficient than litigation. During mediation, parents work with a neutral third party to discuss parenting schedules, decision-making responsibilities, and other custody-related concerns. Mediation may help reduce hostility and encourage more productive communication between parents.
However, mediation is not appropriate in every case. Situations involving domestic violence, substance abuse, child abuse, or severe conflict may require a judge to make decisions regarding parenting responsibilities and parenting time.
If you are unsure whether mediation or litigation is the right approach for your family, experienced child custody lawyer Scott Rogoff can help you evaluate your options and determine the best course of action.
When Can a Parenting Plan Be Modified?
Parenting plans and parenting responsibility orders are not always permanent. As children grow and family circumstances change, existing agreements may no longer meet the child’s needs or reflect the parents’ current situations.
Illinois courts may allow modifications to parenting time or decision-making responsibilities when a substantial change in circumstances has occurred. Examples may include relocation, changes in employment schedules, concerns involving a child’s safety, changes in a child’s educational needs, or ongoing conflicts affecting the parenting arrangement.
In some cases, parents can agree to modifications together. When an agreement cannot be reached, the court may review the circumstances and determine whether modifying the parenting plan is in the child’s best interests.
Frequently Asked Questions About Child Custody in Illinois
How much does a custody lawyer cost in Illinois?
The attorney you choose, the type of dispute needing resolution, and the need for third-party experts will determine the cost for a child custody lawyer. Within the dispute, each side will usually pay his or her own attorney fees. These fees can range between one to several thousand dollars. In cases where determinations are less complicated, costs are substantially lower than those involving conflict.
Can a child choose which parent to live with in Illinois?
Illinois courts may consider a child’s wishes when determining parenting time and decision-making responsibilities, especially if the child is mature enough to express reasonable preferences. However, a child does not get to make the final decision independently. The court will evaluate the child’s preferences alongside other factors involving stability, safety, parental involvement, and the child’s overall best interests.
What happens if a parent violates a parenting plan?
Violating a parenting plan or court-ordered parenting schedule can create serious legal issues. If one parent repeatedly interferes with parenting time, refuses visitation, or fails to follow court orders, the other parent may ask the court to enforce the agreement. In some cases, ongoing violations can affect future parenting time or decision-making determinations.
Can a parent relocate with a child after a custody order is entered?
Relocation cases can become complicated after a parenting plan is already in place. In Illinois, a parent may need court approval before moving a child a significant distance away from the other parent. Courts generally evaluate how the move could affect the child’s stability, education, family relationships, and existing parenting arrangements before approving relocation requests.
Do social media posts affect child custody cases?
Yes. Social media activity may become evidence in child custody disputes. Posts involving substance abuse, threats, harassment, inappropriate behavior, or conflicts with the other parent can negatively affect how the court views a parent’s judgment and ability to support the child’s best interests. Parents involved in custody disputes should be cautious about what they post online during the case.
Protect Your Relationship With Your Child
Child custody disputes can affect every part of your life, including your relationship with your child and your ability to make important parenting decisions. Whether you are negotiating a parenting plan, seeking parenting time, or facing a contested custody dispute, experienced legal guidance can help you protect your rights and your child’s best interests.
The Rogoff Law Group, P.C. has more than 31 years of experience representing parents throughout Des Plaines and surrounding Illinois communities in child custody and parenting responsibility matters. Call (847) 768-2194 today to schedule a consultation and discuss your case with an experienced Des Plaines child custody lawyer.