Child Custody Lawyers in Downers Grove Helping You Protect Your Custody Rights

If you and your spouse have decided to separate, filing for divorce is the best way to divide your assets and move forward with your life. But if you two have children, creating a child custody agreement is essential to the divorce process. The main goal of a child custody order is to keep the children’s best interests at heart. Hiring a professional family law attorney ensures that your child is taken care of and that your custody rights are protected.

At Buchanan Law Group, we aim to provide compassionate, knowledgeable representation for our clients who are going through child custody cases. With an attorney from our team on your side, you can rest assured that your custody case will go smoothly and that we will work toward the outcome that you want. For a free consultation, call our office today at 630-866-8303.

What’s the Difference Between Joint Custody and Sole Custody?

In a child custody case, two types of custody are typically awarded. Sole custody means that only one child is the custodial parent. This parent gets to make all the decisions in the child’s life, like where they go to school, their medical treatment, and the religious training they follow. In a joint custody arrangement, also called a shared custody arrangement, both parents will make these decisions together as a team.

In most cases, sole custody is awarded when there is a custody dispute in court, and parents cannot agree to joint custody. The non-custodial parent has a right to visitation but may be unable to make decisions about the child or have the child live with them. Because co-parenting can be difficult for some former spouses, sole custody may be the better option for the children in the long run. However, a judge will weigh multiple factors in the child and parent’s lives before awarding custody.

Sometimes, a judge may also give a parent partial custody of a child. In partial custody, one parent is the primary custodial parent and has the child for the majority of the time. The primary parent may also have more say in the child’s education, religion, and medical treatment decisions. The parent with partial custody would likely spend less time with the child and have less of a say in any decisions made for their child.

How Do the Courts Decide Child Custody?

In most cases, judges aim to give the child or children a sense of normalcy. Often, this means a joint custody arrangement where both parents have an equal say in the child’s life. This could also mean that the judge assigns a parenting plan or parenting schedule to ensure that the arrangement is fair.

If special circumstances make joint custody impossible, then sole custody will likely be awarded. In the case of sole custody, the judge will consider many factors relating to the child’s case.
These factors include:

• The interest of both parents and their attitude toward the child
• The emotional ties between the child and other family members
• The abuse of one parent by another
• The desirability of continuing an existing relationship
• The preference of the primary caregiver of the child, if that caregiver is deemed fit by the court
• The willingness and ability of each parent to encourage a close and continuous relationship between the other parent and the child

However, if one parent shows that the other parent has engaged in domestic violence, abuse, or sexual assault toward the parent or the child, this can affect the court’s decision.

What Other Custody Matters Can You Help With?

Parental rights aren’t the only custody matters for which you may need legal representation. Our team can assist you with any child custody and visitation agreement you may be negotiating or going through.
Our team is experienced in the following:

Mothers’ and Fathers’ Rights

Courts will often attempt to award both parents an equal amount of custody. However, sole custody may be the best option for your child in the case of abuse or other extenuating circumstances. Our team can assist you in a child custody proceeding to advocate for your rights and the rights of your children.

Grandparent Custody and Visitation

Grandparents may have the right to custody of their grandchild, especially in cases such as incarceration or proven incompetence of a child’s parents. Our experienced attorneys can represent you in court and advocate for your rights as a grandparent to take custody of your grandchild.

Third-Party Custody

If you have an existing relationship with the child that fulfills parental duties or involves long-term visitation, our team can help you advocate for custody or visitation rights. While the law typically gives parents primary custody, our experienced lawyers will help you prove the relationship exists and that it would benefit the child to create a visitation schedule.

Should I Hire a Child Custody Lawyer?

No matter what your relationship is like with the other parent of your child, hiring a child custody lawyer is the best way to advocate for your parental rights and do what’s best for your children. Whether you’re filing a custody agreement with your ex-spouse, negotiating with other lawyers, or advocating for sole custody, our law firm is here to help.

Please don’t feel like you have to go through this challenging legal process alone. Our team at Buchanan Law Group would be happy to review your case free of charge so you can weigh your options before hiring an attorney from our firm. Call us today at 630-866-8303 to learn more about our services and how we can help you.