Child Custody Attorney Chicago
Protecting Your Parental Rights Under Illinois Law
The worst part isn't the legal process. It's the 3 AM panic wondering if you're going to lose weekends with your kids. I've represented over 200 parents in Illinois custody cases. Most of those fears never happened. But some risks are real—and you need to know which ones.
Legal Information Notice: The following information about Illinois custody law is provided for educational purposes only. This is general legal information, not legal advice for your specific situation. Custody matters are highly fact-specific. Consult with a licensed attorney to understand how the law applies to your circumstances.
Understanding Your Situation
You're afraid the court will believe your ex's version of events. That supervised visitation means you're a bad parent. That asking for 50/50 parenting time makes you look difficult.
None of those things are true. But when you're in the middle of it, every court filing feels like someone is writing your parenting obituary.
Here's what I tell every parent I meet: Illinois courts don't care about fairness to parents. They care about one thing: the child's best interests. That's not a platitude—it's literally the legal standard under 750 ILCS 5/602.7.
How Illinois Custody Law Actually Works
Illinois eliminated the terms "custody" and "visitation" in 2016. Understanding the new framework is essential.
Allocation of Parental Responsibilities
This refers to decision-making authority for major life decisions:
- Education – School choice, tutoring, special education
- Health – Medical treatment, therapy, medications
- Religion – Religious upbringing and education
- Extracurricular – Sports, activities, summer camps
Decision-making can be allocated solely to one parent, jointly to both, or divided by category.
Parenting Time
This refers to the physical schedule—when the child is with each parent:
- Regular weekly/bi-weekly schedule
- Holiday and vacation allocation
- Summer parenting time
- Transportation and exchange logistics
Illinois encourages "substantial and meaningful" time with both parents—but doesn't mandate equal time.
What Courts Actually Consider (750 ILCS 5/602.5)
Under Illinois law, courts must consider these factors when allocating parental responsibilities:
Parent Factors
- • Each parent's wishes for the child
- • Willingness to facilitate relationship with other parent
- • Ability to cooperate on major decisions
- • Physical and mental health
- • Prior involvement in caregiving
Child Factors
- • Child's wishes (if mature enough)
- • Adjustment to home, school, community
- • Interaction with parents and siblings
- • Child's needs and special requirements
- • Distance between parents' homes
Safety Factors
- • Any history of domestic violence
- • Any history of child abuse or neglect
- • Substance abuse issues
- • Criminal convictions (if relevant)
- • Sex offender registry status
Other Considerations
- • Ability to maintain stability
- • Parents' work schedules
- • School and activity involvement
- • Any restrictions on parenting time
- • Any other relevant factor
What's NOT on the list: Who makes more money. Who filed first. Who's remarrying. Courts don't punish parents for moving on with their lives.
Custody Matters We Handle
Initial Custody Determinations
First-time allocation of parental responsibilities during divorce or parentage cases.
- Parenting plan development
- Decision-making allocation strategy
- Parenting time schedules
Custody Modifications
Life changes. When circumstances shift significantly, custody orders can be modified.
- Relocation/removal cases
- Schedule changes
- Decision-making reallocation
High-Conflict Custody
When co-parenting breaks down completely or one parent undermines the other.
- Parental alienation cases
- False abuse allegations
- Contempt proceedings
Emergency Custody
When your child is in immediate danger, normal court timelines don't apply.
- Emergency custody petitions
- Orders of protection
- Supervised visitation requests
Developing Your Parenting Plan
Illinois requires parents to submit a parenting plan—either jointly or separately. A well-crafted plan can prevent years of future conflict.
What Your Parenting Plan Should Address:
Decision-Making Provisions
- • Who makes education decisions
- • Who makes healthcare decisions
- • Religious upbringing (if applicable)
- • Extracurricular activity decisions
- • How to handle disagreements
Scheduling Provisions
- • Regular weekly schedule
- • Holiday rotation
- • Summer vacation allocation
- • Transportation responsibilities
- • Right of first refusal (optional)
Why Parents Choose Us
Digital Evidence Experience
As a certified ethical hacker, I know how to find, preserve, and present digital evidence—texts, GPS data, social media, co-parenting app records.
Trial-Ready Preparation
Every case is prepared as if going to trial—which often leads to better settlement offers from opposing counsel.
Parent & Attorney
I'm also a parent. I understand what's at stake—not just legally, but emotionally. Your relationship with your children matters.
Frequently Asked Questions
What is allocation of parental responsibilities in Illinois?
Illinois replaced "custody" terminology in 2016. Under 750 ILCS 5/602.5, "allocation of parental responsibilities" refers to decision-making authority (education, health, religion, extracurricular activities), while "parenting time" refers to the physical schedule.
Can I get 50/50 custody in Illinois?
Possibly. Illinois law doesn't require equal time, but courts encourage "substantial and meaningful" time with both parents. Factors include proximity to school, work schedules, history of involvement, and ability to co-parent. We assess your specific situation.
Can my ex move out of state with our child?
Not without court permission or your written consent. Under 750 ILCS 5/609.2, a parent must give 60 days' notice of intent to relocate more than 25 miles. You can object, and the court will hold a relocation hearing.
What if my ex is turning my child against me?
This is called parental alienation. Illinois courts take it seriously. Document everything and tell your attorney. Courts can modify custody, order reunification therapy, or change decision-making allocation.
How can I modify a custody order?
Under 750 ILCS 5/610.5, you can petition to modify if there's been a substantial change in circumstances and modification is in the child's best interest. Common grounds include relocation, work schedule changes, or safety concerns.
Will my child have to testify in court?
Very rarely. Judges can interview children in chambers if mature enough, but most cases are resolved through negotiation or Guardian ad Litem reports. Courts protect children from being placed in the middle.
How long do custody cases take in Cook County?
Uncontested cases: 2-4 months. Contested cases with GAL appointments or trial: 12-18 months. Cases requiring psychological evaluations may take longer.
What happens if my ex violates the parenting plan?
File a Petition for Rule to Show Cause (contempt). Courts can sanction violating parents, modify the parenting plan, or shift decision-making authority. Documentation is essential—save texts, emails, and keep a log.
What is a Guardian ad Litem?
A GAL is an attorney appointed by the court to represent the child's best interests. They investigate by interviewing parents, children, teachers, and therapists, then make recommendations. A Child Representative advocates for the child's wishes instead.
How much does a custody case cost?
It depends on cooperation and complexity. Contested trials can cost $20K-$75K+ (expert witnesses, GAL fees, court time). Mediated agreements: often $5K-$15K. We're transparent about costs and discuss payment options.
Custody Resources
Illinois Parenting Plan Guide
Everything you need to know about creating an effective parenting plan under Illinois law.
Read Guide →50/50 Custody in Illinois
When equal parenting time works, when it doesn't, and how courts decide.
Read Guide →Guardian ad Litem Guide
What to expect when the court appoints a GAL or Child Representative.
Read Guide →Protect Your Relationship With Your Children
The parents who get the best outcomes aren't the ones who fight the hardest. They're the ones who demonstrate flexibility, encourage the child's relationship with both parents, and show up.
Judges notice. And they remember.
Requesting a consultation does not create an attorney-client relationship. An attorney-client relationship is only formed after a written engagement agreement is signed.
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This website is designed for general information only. The information presented should not be construed as formal legal advice nor the formation of a lawyer/client relationship. Past results do not guarantee future outcomes. Each case is unique and must be evaluated on its own facts.
Responsible Attorney: Jonathan D. Steele | Beermann LLP | 77 W. Wacker Drive, Suite 4500, Chicago, IL 60601