Trusted child custody attorneys with over 100 years of combined legal experience.
If you’re facing a custody dispute in Chicago, Illinois, the decisions made in your case will shape your relationship with your child for years. You need an attorney who understands how Cook County courts approach these matters and who knows how to build a case that holds up. Our Chicago child custody lawyer at Hurst, Kay, Allen & Stambler, LLC has represented parents across the city through some of the most difficult and high-conflict custody situations imaginable. We know what courts look for. We know how to present your case. And we don’t back down when things get complicated. Contact our office to schedule a consultation
Child Custody Attorney Chicago, IL
In Illinois, courts no longer use the term “custody” in the traditional sense. The Illinois Marriage and Dissolution of Marriage Act replaced it with the allocation of parental responsibilities, which covers two distinct areas: decision-making authority and parenting time. Decision-making covers major life choices for the child, including education, healthcare, religion, and extracurricular activities. Parenting time governs the physical schedule, meaning where the child lives and when each parent has time with them. A child custody lawyer in Chicago, IL helps parents understand these distinctions, negotiate workable arrangements, and fight for their rights when the other side won’t cooperate.
Illinois courts decide all custody matters based on the best interests of the child. That standard sounds simple. In practice, it involves a detailed analysis of numerous factors, and the outcome depends heavily on how those factors are presented.
Types of Child Custody Cases We Handle in Chicago
We work with parents across every type of custody dispute and parenting arrangement. Our Chicago clients come to us at all stages, from initial divorces to post-decree modifications years later.
- Allocation of parental responsibilities. We handle disputes over decision-making authority, parenting time, or both. Whether you’re seeking joint allocation or arguing for sole responsibilities, we build the case around the evidence that matters most in Cook County proceedings.
- Parenting time disputes. Disagreements over the day-to-day schedule, holiday time, summer breaks, and travel can become as contentious as any other aspect of a custody case. We work to establish arrangements that serve your child’s needs and protect your time.
- High-conflict custody cases. Some disputes involve difficult dynamics, including one parent who won’t communicate, allegations of misconduct, or interference with the other parent’s time. We’ve handled all of it, and we know how to document and present these situations effectively.
- Modifications to existing orders. Life changes. A custody arrangement that worked at the time of divorce may no longer reflect your child’s needs or your circumstances. We handle petitions to modify parenting time and decision-making allocations when a substantial change in circumstances warrants it.
- Grandparent visitation rights. When grandparents are being denied access to grandchildren, Illinois law provides a path forward. We represent grandparents seeking court-ordered visitation.
- Paternity. For unmarried parents, establishing paternity is the foundation of any custody or parenting time arrangement. We handle paternity matters and the allocation proceedings that follow.
- Out of state child custody. When one parent wants to move with the child, whether across Illinois or out of state, it can fundamentally alter the existing parenting arrangement. Illinois law governs these situations carefully, and we represent both the parent seeking to relocate and the parent opposing it.
- Domestic violence and orders of protection. When safety is a concern, custody proceedings take on a different dimension. We help parents navigate the intersection of protection orders and parenting arrangements in cases involving abuse or credible threats.
Why Choose Hurst, Kay, Allen & Stambler, LLC for Child Custody in Chicago, IL?
If you’re looking for a family law attorney in Chicago, IL, our firm brings both the experience and the track record that these cases demand.
Olga A. Allen: Results-Driven Custody Advocacy
Olga A. Allen has dedicated her practice exclusively to family law since 2007. She has handled hundreds of cases, including complex custody disputes involving difficult facts, uncooperative opposing parties, and significant financial stakes. Her work has been recognized by Super Lawyers, where she was named a Rising Star every year from 2016 through 2022. In 2024 and 2025, she received the Super Lawyer designation itself, an honor given to only 5% of attorneys in Illinois, based on professional achievement and peer recognition. She has prevailed in both the Illinois Appellate Courts and the Illinois Supreme Court through her appellate practice, a distinction that reflects the depth of her legal analysis on even the most contested family law questions.
Ms. Allen approaches each custody matter individually. She understands that what works in one case won’t work in another, and she builds her strategy around the specific facts, the specific child, and the specific concerns her client is facing.
Brian J. Hurst: Courtroom Results When It Matters Most
Brian J. Hurst has limited his practice entirely to matrimonial and family law since entering the profession and has been a partner at the firm since 2007. His courtroom record in custody matters includes obtaining sole custody for clients in two separate cases where both the court-appointed evaluator and the client’s own expert had recommended custody go to the other parent. Those outcomes didn’t happen by accident. They came from disciplined case preparation, an ability to anticipate how opposing arguments will land in a courtroom, and the kind of advocacy that moves judges.
When a custody dispute is headed toward trial, that’s the level of representation you want.
Understanding Child Custody Cases in Chicago
Allocation of Parental Responsibilities and Parenting Time in Illinois
Illinois uses a framework built around two concepts: the allocation of parental responsibilities and parenting time. Parental responsibilities cover the major decisions that shape a child’s life, and they can be allocated jointly between both parents or primarily to one. Parenting time is the physical schedule, and it can take many forms depending on the child’s age, the parents’ work schedules, proximity, and the relationship each parent has with the child.
Courts consider a range of factors when making these determinations, including:
- The wishes of each parent and, where appropriate, the child
- The child’s adjustment to home, school, and community
- The mental and physical health of all parties
- The ability and willingness of each parent to support the other’s relationship with the child
- Any history of domestic violence or abuse
- The distance between the parents’ residences and the logistics of the proposed parenting schedule
No single factor controls the outcome. Illinois courts look at the totality of the circumstances, and how those circumstances are presented and documented makes a significant difference.
Important Aspects of Your Custody Case
A few things tend to determine how well a custody case goes:
Documentation matters from day one. Keep records of parenting time, communication with the other parent, and any incidents involving the child. Courts rely on concrete evidence, not general impressions.
How you conduct yourself during the case is itself evidence. Judges notice which parent facilitates the child’s relationship with the other parent and which one doesn’t. Interference with parenting time, disparaging the other parent in front of the child, and failing to communicate constructively all affect how a court views your case.
Guardian ad litem and custody evaluators play a real role. In disputed cases, the court may appoint a guardian ad litem or a custody evaluator to investigate and make recommendations. Understanding how to work within that process is critical.
Typical Timeline for a Child Custody Case
Every case moves at its own pace, but here’s a general sense of how proceedings unfold in Cook County:
Filing and service: The initial petition is filed, and the other party is served. Temporary orders regarding parenting time may be entered early in the case.
Discovery: Both parties exchange financial and relevant personal information. In custody cases, this may include school records, medical records, and communications.
Negotiation or mediation: Many custody disputes are resolved through negotiation or court-ordered mediation before trial. Our blog covers preparing for mediation in custody cases if you want a sense of what that process involves.
Evaluations: If a guardian ad litem or custody evaluator is appointed, that process runs parallel to the legal proceedings and can take several months.
Trial: If the case doesn’t settle, it proceeds to an evidentiary hearing before a judge. There are no jury trials in Illinois family law cases.
What to Bring to Your Custody Consultation
Before your first meeting, it helps to gather:
- A timeline of significant events in the relationship and co-parenting history
- Any existing court orders related to the child, including temporary orders
- School and medical records if relevant to the dispute
- Documentation of communication with the other parent, including texts and emails, if there are concerns about conduct
- A clear sense of the parenting arrangement you’re seeking and why it serves your child’s interests
Come ready to be honest about the full picture. We can only build the strongest case possible when we understand the facts completely, including the ones that are complicated.
Illinois Legal Resources for Child Custody Cases
Illinois law and Cook County court resources provide important background for parents navigating custody proceedings. The following are useful starting points:
- The Illinois Marriage and Dissolution of Marriage Act governs the allocation of parental responsibilities and parenting time in Illinois divorce and custody proceedings.
- The Illinois Parentage Act addresses parental rights for unmarried parents and paternity establishment.
- The Cook County Domestic Relations Division handles all divorce and custody matters filed in Cook County.
- The Illinois Department of Healthcare and Family Services provides information on child support enforcement and services.
- The Illinois State Bar Association Family Law Section offers resources for individuals involved in family law proceedings throughout the state.
Reach Out to Hurst, Kay, Allen & Stambler, LLC to Schedule a Consultation
Custody cases move quickly once they’re filed, and early decisions affect how the rest of the case unfolds. At Hurst, Kay, Allen & Stambler, LLC, we work with Chicago parents at every stage of the process, from the first filing through trial and appeal. Most clients hear back from our office within one business day. Contact us to schedule your consultation.
