What Happens in the First 10 Minutes...

# The Silence Before the Storm The air in a Daley Center courtroom changes at 9:00 AM on trial day. For the last 18 months, your case has been a flurry of paper: motions, financial affidavits, discovery responses, and emails. But in the first 10 minutes of trial, the paper disappears. The judge takes the bench, the court reporter initializes their machine, and suddenly, it’s just us. **This is the moment most divorce attorneys fear.** Why? Because 95% of divorce cases settle. That means most "litigators" have never actually litigated a full trial. They are paper tigers. They know how to file motions, but they don't know how to *think* on their feet when a judge asks a pointed question about a 604(b) evaluator's methodology. ## Minute 1: The Housekeeping The judge will ask if there are any "preliminary matters." This is a trap. An inexperienced attorney will say "no." A trial attorney knows this is the last chance to: * Exclude the other side's surprise witnesses (Motion in Limine). * Sequester witnesses (so they can't hear each other testify). * Stipulate to facts that don't matter, saving the judge's patience for the ones that do. ## Minute 5: The Opening Statement In a custody trial, we don't have a jury. We have one judge who has heard 5,000 sad stories before yours. If your attorney starts with "Your Honor, my client is a good mother/father," the judge has already tuned out. **We start with the ending.** "Your Honor, the evidence will show that the Father has traveled for work 150 days last year, making the 50/50 schedule he requests a physical impossibility." Boom. We have framed the entire week-long trial in one sentence. We aren't arguing "fairness." We are arguing *logistics*. Judges love logistics because they are solvable. ## Minute 10: The First Witness By minute 10, someone is on the stand. Usually, it's you. The first question I ask my client isn't "state your name." It's "Why are we here?" If you are prepared—if we have done our job—you won't look at me. You will look at the judge and say, "Because my children need stability, and the current schedule is chaos." ## The Steele Difference When you hire a trial attorney, you aren't just paying for the 18 months of paperwork. You are paying for these first 10 minutes. You are paying for the confidence to know that when the settlement offers stop and the courtroom doors close, your lawyer isn't looking for the exit. **I am looking for the win.**

Frequently Asked Questions

How do Illinois courts determine custody (parental responsibilities)?

Illinois uses the 'best interests of the child' standard under 750 ILCS 5/602.7. Courts evaluate 17 statutory factors including each parent's willingness to facilitate the child's relationship with the other parent, the child's adjustment to home and school, and the mental and physical health of all parties.

What is the difference between decision-making and parenting time?

Illinois law separates parental responsibilities into two components: decision-making (major choices about education, health, religion, and extracurriculars) and parenting time (the physical schedule). Parents can share decision-making equally while having different parenting time schedules.

Can I modify custody if circumstances change?

Yes, under 750 ILCS 5/610. You must show a substantial change in circumstances affecting the child's best interests. Common triggers include parental relocation, change in work schedule, domestic violence, substance abuse, or the child's changing needs as they age.

Written by Jonathan D. Steele

Chicago divorce attorney with cybersecurity certifications (Security+, ISC2 CC, Google Cybersecurity Professional Certificate). Illinois Super Lawyers Rising Star 2016-2025.

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What Happens in the First 10 Minutes of a Contested Custody Trial