Unmarried or divorced parents face a number of significant challenges when making arrangements for their children. Disputes over child custody are often bitter and emotionally charged, as no parent wishes to be significantly cut out of his or child’s life. The attorneys at the Law Office of Martoccio & Martoccio realize how difficult such a situation can be and are prepared to skillfully represent both fathers and mothers throughout every step of the child custody process.
The state of Illinois recognizes two types of custody: legal custody and physical custody. Legal custody refers to the right of a parent to make decisions related to raising the child, including where he or she will go to school, religious training, and health related decisions. The court may grant legal custody to both parents jointly, or to either parent alone. Physical custody may be considered separately from legal custody and refers to the living arrangements of the child. Joint legal custody does not necessarily guarantee equal parenting time or evenly split physical custody.
In determining joint or sole custody, the court is granted wide discretion in determining the child’s best interest and is instructed to consider:
Once a child custody order has been established, it can be very difficult to modify without a significant change in circumstances. An experienced attorney, however, can help demonstrate the need for modification before the court, when necessary. Situations for such action may include:
Whatever the situation, Illinois law requires the court to always keep the best interest of the child as its highest priority.
Child custody disputes can be complex, confusing, and extremely frustrating at times. Fortunately, the team at the Law Office of Martoccio & Martoccio has over 75 years of combined experience with matters of family law and is equipped to help you. Contact our office today at 630-920-8855 to schedule a free initial consultation. From our Hinsdale, Illinois, office, we are proud to serve clients in Kendall, DuPage, Cook, Kane, and Will Counties and look forward to serving you.