Your Dedicated Child Custody Attorneys
Our Chicago child custody lawyer understands that matters involving child custody are among the most sensitive and significant issues families face. At Hurst, Robin, Kay & Allen, LLC, we deliver compassionate, tailored legal representation designed to protect the best interests of both clients and their children. With deep knowledge of Illinois family law and years of courtroom experience, we strive to secure solutions that satisfy legal standards while preserving emotional stability for all involved.
We appreciate that every family is unique. Our attorneys take time to understand your individual situation — your child’s needs, your co-parent relationship, your work and living arrangements — so we can advocate for a custody plan that works in real life, not just on paper. Whether via negotiation, mediation, or litigation, our goal is always to position your case for the strongest outcome possible under Illinois law.
Below is a refined roadmap of how we approach custody, what courts look for, and how you can strengthen your case.
Child Visitation Rights & Parenting Time
Even when one parent does not have primary custody, visitation (or parenting time) is a critical mechanism to preserve parent-child bonds. We guide clients through establishing, modifying, or enforcing visitation in a way that supports stability and fairness.
Types of Visitation / Parenting Time
- Unsupervised Visitation / Parenting Time — The non-custodial parent spends time with the child without supervision; generally standard when no safety concerns exist.
- Supervised Visitation — Used when there are concerns about a parent’s behavior, substance use, domestic violence, or lack of safe environment. A court or third party supervises exchanges.
- Virtual Visitation / Remote Access — In cases of geographical distance or travel restrictions, structured video/online calls may be ordered, especially for regular check-ins.
- Therapeutic or Monitored Visits — In high-conflict or high-risk cases (e.g. abuse, addictions), the court may require therapists or social workers present.
Crafting a Balanced Visitation Schedule
A good visitation schedule provides clarity and consistency for the child. Key elements to include:
- Weekdays / Weekends — Account for school, extracurriculars, and child’s routines.
- Holidays & Special Occasions — Rotate or split major holidays, birthdays, vacations, summer breaks.
- Exchange Logistics — Define clear hand-off times, locations, transportation responsibilities, and contingency plans.
- Flexibility & Modification Provisions — Include mechanisms for temporary adjustments (e.g. illness, travel, work changes) without returning to court.
We help clients draft realistic parenting time proposals and anticipate objections or adjustments later. Our role is to make sure your plan is legally sound and defensible if contested.
Important Factors in Determining Child Custody
Illinois courts evaluate multiple factors under the “best interest of the child” standard. Understanding how these are assessed — and how to present evidence — can make a significant difference.
The Best Interest Standard
Courts evaluate what arrangement will most likely promote a child’s welfare, safety, stability, and emotional growth. Among the factors considered are:
- Child’s Physical, Emotional & Educational Needs — What environment best addresses those needs over time?
- Child’s Relationship with Each Parent — Bonding, caregiving history, emotional ties, parental involvement.
- Parental Capacity & Fitness — Ability to provide care, stability, supervision, mental health, lack of abuse or addiction.
- Living Environments & Stability — Physical homes, routines, neighborhood, proximity to school and support systems.
- Willingness to Encourage Other Parent’s Bond — Courts prefer parents who promote healthy co-parenting.
- Any History of Domestic Violence or Substance Abuse — Adverse conduct by a parent weighs heavily.
- Child’s Preference — If the child is of sufficient age and maturity, their expressed preference may be considered (though not determinative).
- Adjustment to Home, School & Community — Maintaining continuity (e.g. staying in the same school) can favor existing arrangements.
- Ability to Provide for Special Needs — If the child has medical, developmental, or psychological needs, courts examine which parent is better suited to provide or accommodate.
Age, Health, and Special Circumstances
- For infants or toddlers, frequent transitions may be disruptive; courts may favor placing with a primary caregiver initially.
- In adolescents, maturity and choice can play a greater role — but always filtered through the best-interest lens.
- For children with disabilities or chronic medical needs, the parent best able to manage care, treatments, therapy and consistency often has advantage.
Parental Conduct & Credibility
How a parent acts in litigation and in daily life matters:
- Demonstrating consistency, punctuality, and cooperation builds credibility.
- Negative behavior (e.g. false allegations, hiding evidence, refusing communication) can undermine trust.
- Courts may look at social media, texts, and conduct to assess character and reliability.
Types of Child Custody & Allocation Judgments
Illinois no longer uses the old “custody” terms exclusively. Instead, it uses allocation judgments to divide parental responsibilities and parenting time.
Legal (Decision-Making) vs. Physical (Parenting Time)
- Legal / Decision-Making Responsibilities — Determines which parent makes major decisions (education, healthcare, religion).
- Parenting Time (Physical Allocation) — Specifies how much time each parent spends with the child.
A single court order (allocation judgment) can allocate these responsibilities jointly or to one parent in whole or in part.
Joint vs Sole Allocation
- Joint Allocation — Both parents share decision-making responsibilities. It promotes collaboration but works best when cooperation is feasible.
- Sole Allocation — One parent has the authority to make specific decisions; the other may still have substantial parenting time.
Modifications & Enforcement
Because life circumstances change, Illinois law allows for modification of allocation judgments if there is a substantial change in circumstances (e.g. relocation, job change, new child, health decline). We assist clients in preparing strong modification petitions or defending against them.
Enforcement is also key: if the other parent violates allocation or access orders, we can seek enforcement, contempt, or sanctions.
Strategic Considerations & Pitfalls
Beyond the definitions and rules, winning a custody case often depends on strategy, evidence, and forethought. Below are some tactical insights we bring into client cases:
- Document early and often — Keep logs of time with child, missed exchanges, communication breakdowns, disciplinary or medical issues.
- Propose realistic, moderate plans — Extreme demands can backfire; courts prefer balanced, workable schedules.
- Avoid being reactionary — Do not rush filing for custody without preparing evidence and strategy.
- Respect court orders even if you disagree — Violating temporary orders hurts credibility and case strength.
- Leverage neutral experts — Psychological evaluators or child specialists can offer neutral opinions that courts respect.
- Anticipate relocation concerns — If a move is contemplated, plan to show benefits outweigh the disruption to the child-parent relationship.
- Use mediation or collaborative negotiation — Many allocation outcomes are determined outside court; having a negotiated parenting plan often gives more control and flexibility.
- Prepare for the child’s voice — In some cases, the child may express preference; ensuring their voice is heard through psychologists or guardians can matter.
Types Of Child Custody
When families undergo the challenging process of separation or divorce, one of the most important issues to resolve is the custody of the children involved. Understanding the various types of child custody is essential for parents to make informed decisions about their children’s futures. Our child custody attorney is committed to guiding our clients through all family law matters, keeping the best interests of the children are always at the forefront.
- Legal Custody
Legal custody refers to a parent’s right to make significant decisions about their child’s life, including education, health care, and religious upbringing. Courts can award legal custody to one parent (sole legal custody) or both parents (joint legal custody). Joint legal custody allows both parents to have an equal say in important decisions, promoting cooperation even after a separation or divorce. Our lawyer emphasizes the importance of understanding your rights and obligations under both arrangements to ensure that your child’s welfare is protected and prioritized.
- Physical Custody
Physical custody determines with whom the child will live. Sole physical custody means the child resides with one parent, who is responsible for their day-to-day care, while the other parent may have visitation rights. Joint physical custody, on the other hand, means that the child spends significant time living with both parents, ideally allowing them to maintain a strong relationship with each. The feasibility of joint physical custody can depend on various factors, including the geographical proximity of the parents’ homes and their ability to cooperate in raising their child.
Sole custody, which can include both legal and physical custody, is awarded to one parent when the other is deemed unfit due to reasons such as substance abuse, neglect, or domestic violence. Although sole custody grants one parent full responsibility and authority over the child, it does not necessarily eliminate the non-custodial parent’s visitation rights. In sole custody cases, our attorney presents our clients’ cases accurately and empathetically, advocating for the child’s safety and best interests.
- Joint Custody
Joint custody allows both parents to share in the legal and/or physical custody of their child. This arrangement requires a cooperative effort from both parents to make decisions in the best interest of the child. Joint custody is favored by many courts as it encourages both parents to remain active in their child’s life. However, it demands effective communication and a commitment to cooperation, which might not be feasible in all situations. Our attorney will help negotiate a joint custody arrangement that serves the best interests of the child while also respecting the rights and needs of each parent.
Chicago Child Custody Infographic
Child Custody FAQs
What’s the difference between legal and physical custody?
In Chicago, Illinois, legal custody gives a parent the right to make major decisions about a child’s education, healthcare, and religion. Physical custody determines where the child primarily lives and who provides day-to-day care. Courts may award joint or sole custody depending on the child’s best interests and each parent’s ability to cooperate.
How does the court determine the best interests of a child in a custody case?
Illinois courts evaluate many factors to decide what serves the child’s best interests, including the child’s age, emotional and physical health, relationship with each parent, stability of each home, and any history of abuse or substance issues. Judges focus on long-term stability, not parental preference, to protect the child’s well-being.
Can my child choose which parent they want to live with?
A child’s preference may be considered, but it’s not the deciding factor. In Chicago custody cases, judges weigh the child’s maturity and reasons for preference alongside all best-interest factors. The final decision rests with the court, ensuring the chosen arrangement promotes safety, stability, and healthy development.
Are mothers more likely to get custody than fathers?
No. Illinois law does not favor either parent based on gender. Courts evaluate each parent’s caregiving history, emotional bond, and ability to meet the child’s needs. Mothers and fathers have equal legal standing in custody cases — the decision always centers on the child’s best interests, not parental gender.
How is child custody affected if one parent needs to relocate?
If a parent plans to relocate far enough to impact the existing custody order, the court’s permission is required. Judges review the reason for the move, distance, potential benefits for the child, and how it affects the child’s relationship with the other parent. Each parent can present evidence before approval is granted.
What if one parent refuses to follow the custody or visitation order?
You can ask the court to enforce or modify the existing order. Illinois courts can require make-up parenting time, fine the violating parent, or hold them in contempt. Consistent documentation of missed visits or communication breakdowns strengthens your enforcement request.
How long does it take to finalize a child custody case in Chicago?
It varies based on cooperation and complexity. An uncontested parenting plan may finalize in a few months, while contested custody litigation can take a year or more. Early preparation, mediation, and responsiveness to court requirements help shorten the process.
Can custody or parenting time be modified later on?
Yes. Illinois allows custody or parenting time changes if there’s a substantial change in circumstances, such as relocation, new work schedules, or health issues. The requesting parent must show that the modification benefits the child and remains consistent with their best interests.
Hurst, Robin & Kay LLC, Chicago Child Custody Attorney
Chicago Office
30 N La Salle St #1210, Chicago, IL 60602
New Clients: 312-854-7670 | Existing Clients: 312-782-2400
Speak With Our Child Custody Attorney
When facing child custody or parenting time issues, you need more than legal advice — you need guidance that protects your rights and your child’s future. At Hurst, Robin, Kay & Allen, LLC, our Chicago child custody lawyers combine deep knowledge of Illinois family law with genuine compassion for families in transition.
We help parents navigate complex matters such as custody disputes, visitation schedules, child support, and termination of parental rights with care and clarity. Every case we handle is approached with a single focus — securing the best outcome for your child’s well-being and your family’s stability.
Our experienced attorneys listen closely, explain your options, and advocate for you at every stage — from negotiation to courtroom representation. You don’t have to face this process alone. Contact our Chicago family law firm today to schedule a confidential consultation and take the first step toward a custody plan that truly supports your child’s future.
Client Review
John Kay handled my divorce. He made a very difficult situation manageable. He listened to me, responded in a timely manner and was not afraid to challenge the opposing attorney. I would recommend him to anyone facing this difficult life choice.”
Liz Nesbit
