Hinsdale Child Custody Attorney

Child custody issues deeply affect all parties involved. Married and unmarried parents need experienced Hinsdale child custody attorneys representing their interests. The best interests of the child are kept at the forefront, but fathers, mothers, and other parties also have legitimate interests.

Why Choose Us?

Effective, Experienced Advocates

At Wolfe & Stec, Ltd, you matter. Our child custody attorneys in Hinsdale take the time to identify and understand your specific needs and craft our strategies and legal services accordingly. If you are in need of a Hinsdale child custody attorney, we can help. Our clients uniformly praise our services and care. Learn what we can do for you.

Protect your child custody interests with an experienced Hinsdale child custody attorney from Wolfe & Stec, Ltd. Call 630-305-0222 to set up a meeting and learn how our team can help. Don’t delay! Contact us today.

Child Custody Legal Services

Protecting Your Rights as a Parent

Child custody matters often involve numerous issues. Our child custody attorneys in Hinsdale are adept at obtaining optimal resolutions to all relevant child custody matters. As a client, you can confidently put your case in our hands so you can get the peace of mind you deserve. In every case, our child custody lawyers in Hinsdale will vigorously protect your rights as a parent.

Parenting Time Schedules and Plans

Parenting time and schedules technically replace the concept of custody. Now, judges and spouses work to create parenting plans and schedules that split the time each parent has with the child or children. The best interests of the child are the top priority. Judges will use their list of factors to set an appropriate schedule.

Our team backs you during this process, making sure that your interests, although often subordinate to the interests of the child, are respected throughout.

Restricting Parental Rights and Responsibilities

When an ex-spouse is a danger to a child, the other parent will often seek to limit that parent’s rights and responsibilities toward the child. Because the courts prefer to see both parents in a child’s life, judges need strong evidence that a spouse threatens the well-being of a child. Our team thoroughly investigates parents’ concerns for their children and builds formidable cases to protect children.

Child Support and Expenses

Child support and child custody go hand in hand. Children have numerous needs as they grow, and they all require resources.

In these matters, our team works diligently to prevent unfair support rulings, which can come about when a spouse does not have experienced counsel fighting for them. Common expenses required for all children include:

• Medical care, including dental care, standard check-ups, and emergency care
• Education expenses
• Clothing expenses
• Extra-curricular expenses
• Household expenses.

Despite popular understanding, child support can be used to pay for standard household necessities, including:

• Mortgage
• Rent
• Internet
• Electricity and gas
• Water.

Child support can also be spent on transportation costs related to a child’s needs, such as school and extracurricular activities. Whatever your circumstance, our child custody attorneys in Hinsdale will work hard to ensure a fair child support ruling, whether you are seeking child support or defending against an unfair demand by your co-parent.

Child Relocation

Child relocation can be catastrophic to a parenting schedule. A relocation means the move is farther than the maximum distance allowed for a move, which is determined by the county. Parents contemplating a relocation must fulfill certain requirements, including notifying the other parent of the planned move at least 60 days in advance. Because a relocation disrupts an in-place order, relocations are considered to be material or significant alterations of parenting plans.

Often, one spouse refuses to support the move. Unfortunately for the parent who wants to move, the other parent must approve of the relocation in writing. In other words, a parent not in agreement with the relocation can easily block the move, at least temporarily, by refusing to sign off on it. When one parent blocks the other from relocating with a child, the blocked parent can petition the court.

Paternity Issues

Paternity issues frequently arise in child custody matters, especially when the parents have not married. Currently, unmarried mothers get sole custody of their children until a paternity test establishes the identity of the father. Once paternity is established, the father has equal custody and parenting rights as the mother.

Fathers can file a paternity action to receive these rights. In Illinois, paternity is established by:

• A Voluntary Acknowledgement of Paternity form
• Genetic DNA testing.

The Voluntary Acknowledgment of Paternity is a form that identifies a person as the biological father. Both parents must sign it for it to be valid.

Child custody attorneys in Hinsdale can work with any interested party in custody matters and protect fathers’ rights during paternity matters.

Best Interests of the Child

In every family law matter involving children, the courts focus on the best interests of the child or children when making rulings. Defaulting to the best interests of the child does not, however, mean that parents’ rights are nullified. These rights are subordinate but not nonexistent.

To determine the best interests of a child, the courts use a list of factors found in Illinois family law statutes. This list includes:

• The welfare and safety of the child, including their basic needs for food, shelter, and clothing
• The child’s identity and development
• The cultural, familial, and religious ties of the child
• The child’s sense of attachment and their subjective sense of security and safety
• The desires of the child and their long-term goals
• The child’s community ties and involvement (e.g., church, school, and friends)
• The child’s need for stability, permanence, and continuity of relationships with relatives
• The special qualities and uniqueness of each family situation
• The risks of substitute care
• The preferences of the child’s caregivers (parents, guardians).

Each of these factors can heavily influence a judge’s decision, depending on the circumstances. However, there must be hard evidence backing up any assertions relating to the child’s best interests. For example, it is not enough for one parent to accuse the other of consistently placing their child in danger. The accusing parent must have hard evidence showing this, such as video evidence.

Frequently Asked Questions

If you have questions about child custody in Illinois, here are some answers. Don’t hesitate to reach out to speak with a child custody attorney in Hinsdale.

When can a child choose to live with a parent? 

If a judge feels a child is mature enough to make a decision in this matter, the judge will accord significant weight to the child’s wishes. Although no fixed age exists, the courts typically allow children 14 years old and older to decide where to live.

What are the different types of custody in Illinois?

In Illinois, there are two principal types of child custody: legal and physical. Legal custody refers to decision-making powers over a child, regardless of where they live. Physical custody means the child is in the physical presence and custody of a parent.

Although the term “child custody” has been stricken from Illinois law, it is still used by both laypeople and legal professionals. Clients approach their attorneys using this term, so Hinsdale child custody attorneys must explain that custody is now referred to by different names, such as “parenting time” and “decision-making.”

When can a parent get sole custody of a child?

The courts are hesitant to cut a parent out of a child’s life. However, they will do so if that parent poses a significant threat to the health and welfare (best interests) of the child.

How can I modify a child custody or support order?

Child custody or placement orders may indeed be modified under the right circumstances. However, parents should be aware that judges try to avoid disrupting children’s schedules. For this reason, child custody modifications cannot be made until two years after the child custody order has been set.

As you might imagine, there are exceptions to this two-year rule. One involves the child’s well-being. If a parent can prove that a child is in danger of physical, psychological, or emotional harm, a parent can seek to modify a custody order before two years have passed. Another exception to the two-year rule occurs when both parents agree on the change.

Wolfe & Stec, Ltd is happy to answer any further questions you might have. Call today to speak with an experienced child custody attorney in Hinsdale.

Hire an Experienced Child Custody Attorney in Hinsdale

You Matter

The best interests of the child are of utmost importance in child custody matters. However, as a parent, you also matter. Your rights remain intact during custody matters and decisions. An experienced child custody lawyer in Hinsdale will fight to ensure that these rights are respected and exercised.

For a consultation with a child custody lawyer in Hinsdale who cares, contact Wolfe & Stec, Ltd. We’ve got your best interests at heart and are ready to fight for you. Call 630-305-0222 for a consultation and case review today.