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Child Custody Attorney in Plainfield

Whether you are filing for divorce or need to address a new child custody issue, call Navarro Family Law to schedule a case evaluation.  Michael Navarro has over 10 years of experience successfully representing clients with child custody matters in Will County, Kendall County and DuPage County.

Overview of Child Custody Law in Illinois

Child Custody is divided into two main areas: Decision-Making and Parenting Time.

Decision-Making

This area covers which parent will make the major decisions for the children.  The most common areas of decision-making which are addressed in a custody case include:

1. Medical: Choice of doctors, healthcare providers and medical treatment for the children
2. Educational: Choice or schools or educational programs for the children
3. Extracurriculars: Sports or activities for the kids
4. Child Care: Choice of day care or babysitters 
5. Religion: Under what faith or religion the children will be raised

“Joint” decision-making is when both parents have an equal say over these areas.  “Sole” decision-making is when only one parent makes the major decisions.  The court can order a mixed arrangement, where one parent makes the decisions for certain areas, and both parents have an equal say over other areas.  

Parenting Time

This is the schedule when each parent will spend time with the children on a regular basis. 

For example, the parents can alternate weekends having the kids, alternate entire weeks, or split every week in half.  Holidays, birthdays and breaks from school are also divided.  A judge can order a “temporary” parenting time schedule for the parents to follow while a child custody case is ongoing, and a more “permanent” schedule to follow after the end of the case.

When a judge enters an order with a parenting time schedule, the parents are required to follow the terms of the order and exchange their children on the specified days and times.  If a parent refuses or repeatedly fails to follow the court-ordered parenting time schedule, penalties can be imposed, including suspension of parenting time or even monetary fines. 

Resolving a Dispute

When the parents cannot agree how to arrange decision-making or parenting time, there are several ways a court can try to resolve the dispute.  If no agreement is reached within a few months after a case has been filed, the judge will most likely require the parties to attend mediation.   This is a process where both parents meet with a third party, called a mediator, to have a discussion about the parenting time schedule and decision-making arrangement.  If the parents are able to reach an agreement at mediation, their agreement can be written into an official court order and signed by the judge.

If the parties still do not agree, there are a few other ways to address the dispute.  Ultimately, the court will consider the best interests of the children, which are a set of factors under the law that the judge will examine when making a ruling on decision-making or parenting time.

Guardian ad Litem

A guardian ad litem, or “G.A.L.,” as they are often called, is a lawyer that can be appointed by the judge to represent the children’s interests.  They are a sort of “neutral” attorney, one who does not represent the mother or the father, but who represents the children. 

The guardian ad litem will perform an investigation, which can include speaking to both parents, the children, family members, school staff and any other third parties with important information.  They can also perform home visits to check the condition of either of the parents’ homes when there are allegations or concerns of an unsafe environment.

A guardian ad litem can also act like a mediator to help the parents try to reach an agreement to resolve their dispute.

Having a guardian ad litem on a case can be helpful because the parties can submit certain information to the G.A.L. that may be challenging to get across to the judge in a formal, contested court hearing.  There are many rules which determine whether certain types of evidence can be accepted or considered by the court, but those rules only apply in the courtroom.  The guardian ad litem is a person with whom the parties and their attorneys can communicate directly and outside of court.  Various things that are said or submitted to the G.A.L. could potentially shape their mind about the overall case.  Furthermore, the parties and their attorneys can share information and evidence with a guardian ad litem over weeks or even months.  In a formal contested court hearing, only a small window of time is allowed to submit evidence to a judge, and it must be done in very specific ways. 

After the investigation, the guardian ad litem will make recommendations to the judge as to the parenting time schedule, decision-making arrangement, or how to address other custody issues in the case.  The G.A.L. can also file motions on behalf of the children to protect their interests.  In the majority of cases, judges tend to follow the guardian ad litem’s recommendations.  However, the parties still have the right to have a final hearing or trial and call and question the guardian ad litem as an adverse witness.

The downside to having a guardian ad litem on a case is the cost.  The G.A.L. is an attorney who bills for their time, just like the parties’ attorneys.  Both parents are typically ordered to split the fees incurred by the guardian ad litem.  If both parties already have attorneys of their own, this can make the case very expensive.

Pretrial

If both parties are represented by attorneys, the case can be scheduled for pretrial.  This is where the attorneys on both sides speak to the judge privately in chambers regarding the various issues in the case.  The judge then makes “recommendations,” meaning he or she tells the attorneys how the court is inclined to rule if the dispute actually proceeds to a formal hearing or trial.  The parties then decide whether to resolve the case based on the judge’s pretrial recommendations.  It is a less formal, but substantially more efficient and economical way of resolving a child custody dispute.  Perhaps 90% of cases or disputes are resolved with a pretrial conference with the judge when the parties each have an attorney.

Hearing or Trial

This is the main event where both sides formally submit their evidence, witnesses, and make arguments to the court in a recorded proceeding before the judge.  If all other efforts to settle a case are unsuccessful, a hearing or trial may be the only way to resolve the dispute.  A trial will involve a substantial amount of preparation, which can include preparing the witnesses, and organizing and labeling documents.  This is quite often reserved as a last resort to resolve a case, due to the substantial amount of time and money, and in many cases, exhaustion that it can cause for all involved.  The person who files a custody case generally has the right to have a final hearing or trial to resolve their case, and if they wish to proceed, the court will eventually schedule a date to finalize their case.

Final Judgment

All custody cases conclude with a final order or judgment, whereby the parties’ final agreement or the judge’s final ruling are entered into a binding court order.  The most common way to complete a child custody case is with a parenting plan, which is often called an Allocation Judgment (formerly known as “Custody Judgments”).  This document covers both parents’ rights and obligations regarding their minor children.  It will typically describe who makes the major decisions for the children, the schedule that each parent will regularly have with the children, a holiday schedule, and other standard language, such as sections providing that both parents have the right to medical and school records.  After this Judgment is entered, both parties are obligated to follow its terms and provisions. 

Post-Judgment Disputes

Some parents continue to have issues in the years after a final judgment is entered.  A parent may want to modify their parenting time due to a change in work schedule, or a change in residence.  If one parent is not following the terms of the judgment, the other parent could bring him or her back to court to enforce the judgment and encourage them to play by the rules.  Except for the most pressing matters, the judge will usually require the parties to attend mediation before addressing the problem in court.  Numerous issues could arise while the children are still minors, and there are various ways for the court to address them to protect the children’s best interests. 

If you are experiencing an issue with child custody or other family law related matters, book an appointment with attorney Michael Navarro by calling or texting (815) 207-9570.  He practices solely in the field of family law and has over 10 years of experience in resolving child custody disputes in the Will County, Kendall County, and DuPage County areas.