Child Custody FAQs

Illinios divorce attorney, Illinois family law attorney, parental rights,Where Can I File My Case?

To file for child custody in Illinois, this must be your child’s home state. In other words, your child must have lived in Illinois for at least six consecutive months before your case begins. Each county in this state has a circuit court, which handles family law matters. Generally, a custody case is filed in the same county where the child lives.

Does Custody Affect Child Support?

Both parents have a legal obligation to financially support their child. Illinois law establishes certain guidelines for child support. Child support is calculated by considering multiple factors such as:

  • The child’s emotional, physical, and educational needs;
  • Each parent’s income;
  • Time the child spends with each parent; and
  • Financial needs of the non-custodial parent.

Generally, the non-custodial parent pays child support to the custodial parent. That is, the parent who does not primarily live with the child usually pays this support. Child custody and child support matters are inextricably linked. Nearly every child custody case will deal with child support. Parents can agree to a child support amount, or a judge can use the above factors, among others, to calculate support.

Can I Relocate?

Most people move to a different area at some point in their lives. This sometimes necessary life event can complicate custody matters. Before you permanently relocate with your child to another state, you have to get the other parent’s consent. If your child’s other parent does not consent to your move, you must then get the court’s approval. However, you must prove to the court the move is in the child’s best interest. Some of the factors the judge will consider include how the relocation will affect the child’s quality of life and his or her family relationships.

Will My Child’s Wishes Be Considered?

This is a tricky question to answer, because it depends on your child’s age. As with all child-related issues, custody is determined with the child’s best interests as top priority. While your child’s wishes about the custody situation are a factor, the judge decides how much influence your child should have on this decision. The older and more mature the child, the more likely a judge will weigh his or her desires heavily. If you are negotiating custody arrangements in an out-of-court settlement, you and the opposing party can choose to weigh this factor more than a judge might otherwise.

DuPage County Custody Attorneys Offer Custody Help

At Martoccio & Martoccio, our experienced DuPage County family law attorneys understand the many complexities that go along with custody disputes. We know this is a highly emotional time for your family, and we strive to offer practical legal advice along the way. To discuss your DuPage County custody matter with an attorney, contact our firm today. Free, same-day consultation appointments are available.

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Our firm handles family law and personal injury matters for clients in Chicago and throughout the western suburbs including DuPage County, Will County, Kane County, Cook County and the cities of Aurora, Bloomingdale, Bolingbrook, Burr Ridge, Carol Stream, Darien, Downers Grove, Elmhurst, Glen Ellyn, Hinsdale, Joliet, Kendall County, Lombard, Naperville, Oak Park, Oak Brook, Oakbrook Terrace, Clarendon Hills, Oswego, Park Ridge, Roselle, St. Charles, Geneva, Villa Park, Warrenville, Wheaton, Western Springs, LaGrange, Winfield, Woodridge and Yorkville.

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