Child Custody Lawyers in Huntley, IL

Child custody can be a very contentious matter. Divorcing parents may be willing to work out an amicable agreement, or they may be unwilling to negotiate, for whatever reason. In child custody matters, the court mandates that the parents attend a mediation to attempt to work out an agreement out of court. When this is unsuccessful, the child custody matters are decided by a judge at trial. It stands to reason that the quality, experience, and talent of your child custody lawyer are arguably the most critical factor in the outcome of a custody trial. 

The Law and Child Custody

Under state law, the two parents have legal custody of a child born to a marriage. For unmarried parents, the mother has custody until paternity is established and the father petitions the court to gain legal custody. All child custody matters are resolved based on what is considered to be in the best interests of the child. In some cases, the court decides that one parent should be granted sole custody of a child. 

Legal Custody vs. Physical Custody

Legal custody gives both parents the right to make decisions, including in regards to that child’s education, religious instruction, and medical care. Physical custody refers to where the child will live. Shared physical custody is when the child spends time living with each parent. Sole legal custody may be granted to one parent by the court. 

It is not assumed that joint custody will be in the child’s best interests, especially in cases where a parent has committed any act of domestic violence. In these cases, the chances that the other parent will be granted sole physical custody significantly increase. However, domestic violence must be proven to the court. An order of protection or conviction can be critical evidence in these cases. Testimony from witnesses can also come into play.

Child Custody Lawyers Serving McHenry, Kane, and the Surrounding Counties

At Steven J. Brody & Associates, Ltd., we have over 20 years resolving child custody matters in a divorce or as a separate legal action. To retain a lawyer who is committed to you, your wishes for your children, and who is dedicated to protecting the health and safety of your children, contact us at (815) 374-7783 for a free case evaluation.