Naperville Child Custody Lawyer

The dissolution of a marriage is a life-changing event for both husband and wife. However, a divorce has more potential to negatively impact the lives of the children than anyone else. At Roscich & Martel Law Firm, LLC, our child custody lawyers in Naperville believe that although you may not be a couple anymore, you will both always be the parents of your children. 

Our child custody attorneys favor mutual agreement on matters of child custody and visitation because parents have an obligation to spend quality time with their children, and children are better-adjusted when they have that time with both parents.

Don’t face custody battles alone. Our Naperville child custody lawyers are here to protect your parental rights. Call (630) 793-6337 or contact Roscich & Martel Law Firm, LLC today.

How Long Does It Take to Settle a Custody Case in Naperville?

For those seeking guidance from a child custody attorney in Naperville, it is important to remember that every case is unique and timelines may vary based on factors such as the level of cooperation between parties, the complexity of family dynamics, and the specific issues presented to the court.

Several factors can impact how quickly a child custody case is resolved in Naperville:

• Level of cooperation: When parents communicate openly and respond promptly during negotiations, cases often progress more quickly.
• Complexity of issues: Disputes involving parental responsibilities, relocations, or special needs can extend the timeline.
• Court scheduling: Court availability at the DuPage County courthouse may affect how soon hearings and conferences can take place.
• Mediation or investigation: If the case requires mediation or input from a guardian ad litem, this may introduce additional steps and waiting periods.
• Legal representation: Engaging a knowledgeable child custody attorney Naperville trusts can help ensure paperwork is accurate and the process moves efficiently.

Cases that involve disagreements over parental responsibilities or require an investigation by a guardian ad litem may take longer to resolve. Parties in the Naperville area who are preparing for child custody hearings will likely work with the DuPage County courthouse, which follows Illinois law and procedures for family matters. Continuances or the need for mediation can also impact the time required, but working closely with a local family law professional can help clarify expectations and prepare families for each phase of the process.

How Is Child Custody Determined in Naperville?

The Illinois court determines custody arrangements based on what would be in the child’s best interests. To determine this, the judge may consider the following factors:

• the parents’ wishes;
• the child’s preference;
• the child’s relationship with his or her parent(s) and sibling(s);
• the child's adjustment to his or her home, school, and community;
• the parents’ and child’s physical and mental health;
• whether there has been physical violence or a threat of physical violence by either parent, (whether against the child or another person);
• the willingness of each parent to facilitate a close and continuing relationship between the child and the other parent; and
• whether either parent is a sex offender.

Siblings are typically kept together and in the same household. However, if a child’s special needs or family dynamics require separation, it is possible for the judge to split the children between their parents.

Illinois custody laws also designate that the court should not consider a parent's marital conduct when determining child custody unless it affects that parent's relationship with the child.

The Significance of Joint Custody in Naperville

Joint custody in Naperville involves several important considerations for both parents:

• Parental collaboration: Parents must work together to make decisions about the child’s health care, education, and upbringing.
• Parenting plans: Detailed plans outline responsibilities, schedules, and how disputes will be resolved.
• Court expectations: The court encourages cooperation and positive communication between parents whenever possible.
• Change of circumstances: If significant changes occur, either parent can request a modification of the joint custody agreement.
• Legal support: Consulting a child custody lawyer in Naperville can help ensure joint arrangements meet the child’s needs and comply with Illinois law.

Our law team of child custody lawyers believes that children have the right to have a relationship with both of their parents. You should not try to deny your child the right to spend time with his or her other parent unless there is a serious issue that would justify it, such as substance abuse, incompetence, mental illness, or pedophilia.

Consulting with a child custody attorney can clarify how joint custody may work best for your family and help you develop a plan that complies with both Illinois statutes and local Naperville court expectations. The process of formalizing joint custody in DuPage County often benefits from practical advice that takes both legal and day-to-day family considerations into account.

Understanding Custody and Visitation Laws in Illinois

There are many legal guidelines on custody and visitation that we want our clients to be aware of. Under Illinois law, violations could result in fines or imprisonment.

Parents should:

• Refrain from discussing the other parent with or in the presence of the children except in a complimentary way.
• Refrain from discussing finance as it relates to the other spouse in the presence of the children.
• Make all child support payments in full and on time.
• Refrain from interfering with visitation, even if support payments are not current. The custodial parent may be charged with contempt of court, and this violation could warrant a change in custody.
• Pick up and drop off children from visitations on time unless special arrangements have been made. Personal items like clothing, favorite toys, medications, and information for emergencies should be sent with the children.
• Refrain from consuming alcohol or controlled substances other than professionally-prescribed medications just before or during visitation.
• Make visitation time meaningful.
• Notify each other promptly of any delays or changes in plans that will affect the other parent or their plans. Repeated late arrivals or failure of the custodial parent to be available to receive the children back on time could result in court action to change visitation arrangements.
• Refrain from questioning children about a former spouse’s activities.
• Cooperate with the other parent in an adult, non-aggressive, reasonable, and courteous way.
• Avoid last-minute schedule changes.
• Refrain from arguing with a former spouse, particularly in the presence of the children. Pickup and return of the children should be a pleasant experience.
• Refrain from taking children out of state while failing to advise the other parent of their location. Violation of this rule could result in prosecution for a felony and a sentence to the state penitentiary.

Because family law is guided by state legislation and interpreted by local courts, having the support of a child custody lawyer in Naperville can make a substantial difference in navigating both the legal and practical implications of visitation schedules.

Frequently Asked Questions About Child Custody in Naperville

How is child custody different from parental responsibilities? 

Illinois law now refers to "parental responsibilities" instead of custody, covering both decision-making and parenting time.

What role does the DuPage County courthouse play in my case? 

The courthouse in Wheaton serves as the primary location for Naperville family law matters, so most hearings and filings are handled there.

Do I need to attend mediation? 

Many custody cases require mediation before going to trial, especially if parents disagree on major issues.

How can a child custody lawyer in Naperville help me? 

An attorney can assist with document preparation, negotiation, and advocating for the client’s position in court.

Each family's situation is different, so it is wise to consult directly with a local attorney who understands both the state laws and the specific procedures of courts serving Naperville families.