April 11, 2020

Chicago Child Custody Lawyer

At Hurst, Robin & Kay, LLC, we understand that matters involving child custody are among the most sensitive and significant issues faced by families navigating the complexities of the legal system. Our dedicated team of Chicago child custody lawyers is committed to providing compassionate, tailored legal representation to protect the best interests of both our clients and their children. With a comprehensive understanding of Illinois family law, we strive to deliver solutions that not only meet the legal requirements but also ensure the emotional well-being of the families we represent.

As seasoned professionals in the field, we at Hurst, Robin & Kay, LLC, pride ourselves on our ability to navigate the intricacies of child custody law with both finesse and tenacity. Our approach is rooted in a deep-seated commitment to understanding the unique circumstances of each case, enabling us to advocate effectively for our clients’ parental rights and children’s needs. Whether through negotiation, mediation, or litigation, our goal is to secure outcomes that reflect the best possible future for the families we have the privilege of serving.

Parent and child

Factors Determining Child Custody

In the complex and emotionally charged arena of family law, the determination of child custody stands out as a particularly sensitive and critical issue. The paramount concern in these cases is always the best interest of the child, a principle that guides courts across jurisdictions, including those in Chicago. When navigating such a challenging landscape, the support and guidance of a skilled Chicago child custody lawyer become invaluable. At Hurst, Robin & Kay, LLC, we are deeply committed to providing our clients with the professional and compassionate legal representation required to navigate these waters.

Understanding the Best Interest of the Child

The concept of the “best interest of the child” is central to any child custody case. This broad and inclusive principle considers various factors to ensure that the child’s welfare is the foremost concern in any custody decision. These factors include, but are not limited to, the child’s physical, emotional, and educational needs, the ability of each parent to meet these needs, the child’s existing relationship with each parent, and any history of family violence or substance abuse. Courts meticulously evaluate these elements to make a decision that promotes a healthy and stable environment for the child.

The Child’s Age and Health

The age and health of the child play a significant role in custody decisions. Younger children may require more hands-on care, potentially influencing the court’s view on which parent can provide that care more effectively. Similarly, a child with special health needs or disabilities might be better served by the parent best equipped to manage those needs.

Parental Living Situations

The living situations of the parents are scrutinized to determine how they will impact the child’s well-being. Stability, safety, and the proximity to the child’s school and social activities are considered critical factors. The goal is to minimize disruption in the child’s life and maintain continuity in their education and social relationships.

Each Parent’s Relationship with the Child

The strength and quality of the parent-child relationship are paramount. Courts look at which parent has been the primary caregiver and the depth of emotional ties between the child and each parent. A history of active involvement in the child’s daily life weighs heavily in these considerations.

Parents’ Willingness to Support the Other’s Relationship with the Child

The ability and willingness of each parent to support and facilitate the other parent’s relationship with the child are crucial. Courts favor arrangements that encourage a healthy and active relationship with both parents, assuming it is in the child’s best interest.

Types of Child Custody

When families undergo the challenging process of separation or divorce, one of the most crucial 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. As experienced Chicago child custody lawyers, we at Hurst, Robin & Kay, LLC, are committed to guiding our clients through these complex legal waters, ensuring that 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. As your Chicago child custody lawyers, we emphasize 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

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, we at Hurst, Robin & Kay, LLC, ensure our clients’ cases are presented 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 role as your Chicago child custody lawyers includes helping to 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 Support Laws

In the heart of Illinois, Chicago’s child support laws are designed to ensure that both parents fulfill their financial obligations to their children, promoting the child’s well-being and stability post-divorce or separation. Understanding these laws can be complex, but as your dedicated Chicago child custody lawyers, we at Hurst, Robin & Kay, LLC, are here to guide you through every step, ensuring that your child’s financial needs are met while also respecting your financial circumstances.

Understanding Child Support in Illinois

Illinois law determines child support based on the “income shares” model, which reflects the belief that children should receive the same proportion of parental income that they would have received if the parents were living together. This approach considers both parents’ incomes, the number of children, and the cost of living to calculate the child support amount. As experienced attorneys, we can help you understand how these calculations may apply to your situation, ensuring an equitable support order that prioritizes your child’s needs.

The Calculation Process

The process to calculate child support in Chicago involves several steps, starting with the determination of each parent’s net income. Illinois law provides guidelines for adjusting gross income to arrive at a net figure, considering taxes, health insurance premiums, and other mandatory deductions. The combined net income of both parents is then matched with the Illinois Department of Healthcare and Family Services’ schedule for the basic support obligation based on the number of children. Our role includes meticulously reviewing financial information to advocate for a fair determination of your contribution or receipt of child support.

Modification and Enforcement

Child support orders are not set in stone. As circumstances change, either parent can request a modification of the support order. Such changes might be warranted by significant shifts in income, employment status, or the needs of the child. Additionally, enforcing child support orders is a critical aspect of our work. When payments are late or missing, we provide robust legal support to ensure that your child’s financial support is consistent and reliable.

Child Visitation Rights

Within the nuanced sphere of family law, the issue of child visitation rights stands as a cornerstone for nurturing the indispensable emotional connection between a child and their non-custodial parent. These rights are fundamental, ensuring that irrespective of the parental custodial status, both parents can sustain a significant and nurturing role in their child’s upbringing. At Hurst, Robin & Kay, LLC, as seasoned Chicago child custody lawyers, we are dedicated to steering our clients through the intricacies involved in establishing, enforcing, and aptly modifying visitation rights, with the unwavering focus on the child’s best interests.

Types of Visitation Arrangements

Visitation rights embody a spectrum of arrangements, each tailored to suit the unique circumstances of the family and the specific needs of the child involved. These arrangements can broadly categorize into:

  • Unsupervised Visitation: The most common form, allowing the non-custodial parent to spend time with the child without supervision. It’s predicated on the trust that the parent will act in the child’s best interest during these periods.
  • Supervised Visitation: This is necessitated when there are concerns about the child’s safety and well-being. Supervision can be by an agreed-upon third party, or at a designated visitation facility, ensuring a safe environment for the child to interact with the non-custodial parent.
  • Virtual Visitation: An emerging form of visitation, virtual visitation uses technology—such as video calls—to facilitate interaction between the parent and child. This is particularly relevant in cases where geographical constraints exist.

The selection of the appropriate type of visitation is pivotal for fostering a positive and enriching parent-child relationship. It requires careful consideration of the child’s safety, well-being, and the overall dynamics of the parental relationship.

Creating a Visitation Schedule

Crafting a detailed and comprehensive visitation schedule is crucial for providing the child with a sense of consistency and stability, which are paramount during the upheaval accompanying a family’s restructuring. This schedule should thoughtfully encompass:

  • Weekday and Weekend Visits: Balancing the child’s school commitments and extracurricular activities with quality time spent with the non-custodial parent.
  • Holidays and Special Occasions: Equitably dividing holidays, birthdays, and other significant events between the parents to ensure the child experiences the joy and traditions of both familial lines.
  • Vacations and Extended Time: Planning for longer periods during school breaks allows for extended bonding opportunities and experiences.

Modifications to Visitation Rights

As children grow and familial circumstances evolve, it might become imperative to revisit and modify the existing visitation arrangements. Changes could stem from:

  • Relocation: One parent moving to a different geographical location might necessitate adjustments to accommodate travel considerations and maintain a meaningful relationship.
  • Changes in Work Schedules: Shifts in employment conditions could alter the availability of the parent, requiring adjustments to the visitation schedule.
  • Evolving Needs of the Child: As children mature, their social, educational, and emotional needs transform, which may lead to a reassessment of the visitation arrangement to better align with their current life stage.

Modifying visitation rights is a delicate process that demands legal acumen to navigate successfully. It’s not merely about adapting to new circumstances but ensuring that any changes are squarely in alignment with the child’s best interests and welfare.

At Hurst, Robin & Kay, LLC, our profound understanding of the nuances surrounding child visitation rights positions us as your ideal partner in navigating these complex waters. We are here to ensure that, regardless of the changes life may bring, the bond between your child and you remains unbroken and cherished.

Understanding the Gravity of Terminating Parental Rights

Terminating parental rights is one of the most serious and irreversible actions in the realm of family law. This process legally ends the relationship between a parent and their child, including all legal rights, privileges, duties, and obligations. Given the profound implications of such an action, it is navigated with the utmost caution and legal scrutiny. As experienced Chicago child custody lawyers at Hurst, Robin & Kay, LLC, we are deeply familiar with the complexities and sensitivities involved in cases of terminating parental rights, ensuring that every step taken is in the best interests of the child.

Grounds for Terminating Parental Rights

Termination of parental rights can be voluntary or involuntary, with each scenario resting on specific legal grounds that justify such a drastic measure. Understanding these grounds is crucial for anyone considering or facing the termination of parental rights.

Voluntary Termination: This occurs when a parent willingly relinquishes their rights to the child, often in the context of adoption proceedings. It requires a clear, written consent, demonstrating an understanding of the permanence of the decision.

Involuntary Termination: Involuntary termination is more complex and typically involves legal action due to circumstances that render the parent unfit. These may include:

  • Chronic abuse or neglect
  • Abandonment of the child
  • Long-term mental illness or deficiency of the parent
  • Severe or chronic abuse of drugs or alcohol
  • Failure to maintain contact or provide support
  • Legal findings of parental unfitness

The Legal Process of Terminating Parental Rights

The process of terminating parental rights is stringent, designed to protect the best interests of the child while ensuring the parent’s rights are not unjustly removed. It typically involves:

  • Petition: A formal request is filed in court, outlining the reasons for seeking the termination of parental rights.
  • Notice: The parent in question must be given notice of the petition and the opportunity to contest the termination.
  • Hearing: A court hearing allows both sides to present evidence and arguments. The court evaluates the evidence against the legal standards for termination.
  • Judgment: If the court finds sufficient grounds, it may issue an order terminating parental rights.

Considering the Best Interests of the Child

In every case of terminating parental rights, the child’s welfare and best interests are the paramount concern. This principle guides the court’s decision-making process and our approach as legal representatives. The goal is to ensure a safe, stable, and nurturing environment for the child, whether that means ending an unsafe parental relationship or opening the door to adoption and a new family dynamic.

Terminating parental rights is a profound decision with lasting impacts on all involved. It is a path embarked upon with careful consideration and the guidance of experienced legal professionals. At Hurst, Robin & Kay, LLC, we stand ready to navigate these challenging waters, providing the expertise and compassion needed to achieve resolutions that honor the best interests of the child.

Child Custody FAQs

What is the difference between legal and physical custody in Chicago, IL?

In Chicago, IL, legal custody refers to the right to make significant decisions about a child’s upbringing, including education, healthcare, and religious instruction. Physical custody, on the other hand, pertains to where the child primarily resides. While legal custody can be shared between parents (joint legal custody), physical custody might be awarded to one parent (sole physical custody) or shared between both (joint physical custody). The courts in Chicago prioritize the child’s best interests in determining these custodial arrangements.

How does the court in Chicago determine the best interests of the child in custody cases?

In Chicago, the court considers multiple factors to determine the best interests of the child. These factors include the child’s age, physical and mental health, emotional bond with each parent, each parent’s ability to provide a stable environment, and any history of domestic violence or substance abuse. The court may also take into account the child’s preferences if they are of a suitable age and maturity. The primary aim is to ensure a stable, healthy, and nurturing environment for the child.

Can a child choose which parent to live with in Chicago, IL?

In Chicago, IL, a child’s preference is one of the factors the court may consider, but it is not the sole determinant. The court will assess the child’s age and maturity level and weigh their preference alongside other critical factors. Typically, the views of older and more mature children are given more weight, but the final decision always rests on what the court deems to be in the child’s best interests.

Are mothers more likely to get custody than fathers in Chicago, IL?

In Chicago, IL, there is no presumption in favor of either the mother or the father in custody matters. The law aims to ensure the best interests of the child, regardless of the parent’s gender. Both mothers and fathers have equal rights and opportunities to seek custody. The court evaluates each parent’s ability to care for and provide for the child, making decisions based on the child’s welfare rather than gender-based assumptions.

How is child custody affected if one parent needs to relocate out of Chicago, IL?

If a custodial parent plans to relocate out of Chicago, IL, especially if the move significantly impacts the current custody arrangement, they must seek the court’s approval. The court will review how the relocation affects the child, considering factors such as the distance, the reasons for relocating, the potential impact on the child’s relationship with the other parent, and how the move aligns with the child’s best interests. Both parents will have the opportunity to present their perspectives before the court makes a decision.

Hurst, Robin, Kay & Allen, LLC Chicago Child Custody Lawyer

Chicago Child Custody Lawyer Google Review

“John Kay and his team are phenomenal! Dealing with a divorce and child custody case is already stressful but John totally had my back. He looked out for my best interest even on issues that I never thought about but would have been major problems for me in the future. John is professional, extremely knowledgeable, and truly cares for his clients. I have recommended him to friends as well!” – Deitra L.

Schedule A Consultation Today

Navigating the intricacies of child custody, visitation rights, support, or the termination of parental rights requires not only a deep understanding of the law but also a compassionate approach that prioritizes the well-being of the child above all. At Hurst, Robin & Kay, LLC, we bring both these essential elements to the table for every case we handle. As seasoned Chicago child custody lawyers, we are dedicated to providing our clients with the highest level of legal representation, ensuring that their rights are protected and their voices heard throughout the legal process.

We understand that family law matters can be emotionally taxing and complex, which is why we approach each case with sensitivity, professionalism, and the personalized attention it deserves. Whether you are navigating the challenges of a custody dispute, seeking to establish fair child support arrangements, or facing the difficult decision of terminating parental rights, our team is here to support and guide you every step of the way.

Our commitment to excellence, combined with our deep knowledge of Chicago family law, positions Hurst, Robin & Kay, LLC, as a trusted advocate for families in transition. We invite you to reach out to us, confident in the knowledge that you will be partnering with a firm that truly cares about the outcome of your case and the long-term well-being of your family. Together, we can work towards achieving the best possible resolution, ensuring that your children’s future is bright and secure.

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
Client Review