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Compassionate Child Custody Lawyers Committed to Protecting Your Children
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There’s nothing more high stakes than your parental rights.
So, why trust something as important as your child’s well-being to anyone other than the best? Getting the best representation begins with a simple, confidential and straightforward conversation.
Child custody and visitation cases directly impact your child’s quality of life. Poorly executed parenting agreements can create trauma and long-lasting damage. Don’t leave this life-altering process to your run-of-the-mill child custody lawyer.
For over 20 years, our team of respected and experienced lawyers has provided our clients with the best-in-class legal representation they need while ensuring your child feels secure and supported. It is vitally important to have a legal team on your side that clearly communicates and executes your options regarding child custody, visitation and parenting time. Merel Family Law is that team.
We’ll help you protect your children.
Why Trust Merel Family Law to Handle My Child Custody Case
We Don’t Believe in Ordinary
Our clients demand and deserve world-class legal representation, and they won’t settle for anything less. So, we prepare for every scenario, collaborate when it makes sense and fight like hell when it doesn’t.
We’ve Worked Hard To Earn Our Reputation
We work just as hard to keep it. Our team of seasoned attorneys has worked diligently to help earn the respect of our Chicago-area colleagues, clients, judges, court systems and community, and we intend to keep it that way.
We Believe in “Winning” as Painlessly as Possible
All child custody cases are unique, and while we prefer to approach our clients’ cases in a spirit of collaboration and negotiation, we are also not afraid to “take the gloves off” when needed. Our clients’ answer to the question, “What does winning look like to you?” informs our strategies, tactics and tone.
We’ll Help You Avoid Unnecessary Litigation
You’ll have peace of mind knowing we will never push you into a lengthy, costly and unnecessary court trial. However, we will use all legal remedies to protect your rights.
You Can Reach Us Easily
Unlike other law firms, we know how important it is to manage our client’s expectations and be available to answer their questions and concerns outside of regular business hours. You can contact us by phone, text, or email around the clock.
Meetings With Your Attorney Are Easy and Convenient
Schedule an appointment at any one of our four in-person offices in Chicago, Hinsdale, Highland Park and Detroit, or conduct some or all of your divorce proceedings online via Zoom. In some instances, an in-court appearance may be required by the judge. If so, you’ll typically be given at least 30 days advance notice.
Legal Services To Protect You And Your Children’s Rights
Protect Your Parental Rights
Parental rights attorneys offer comprehensive legal services that focus on the best interests of the child. Their knowledge and experience allow them to easily navigate the complex family law system effectively. They will guide you through the entire process, from filing the initial petition to finalizing a parenting plan. Your attorney will advocate on your behalf, ensuring that your interests are well represented while determining custody, visitation, and child support. Attorneys can also provide emotional support during what can often be a stressful and emotionally charged process. They will help maintain objectivity and keep the focus on achieving the best outcome for your child.
Confirm Parentage With a Paternity Attorney
The legal recognition of a child’s parentage, known as paternity law, is essential for children born to parents who are not married. For single parents, establishing paternity is key to securing rights such as visitation, custody, and child support. In Illinois, paternity can be confirmed in three ways: being married at the time of the child’s birth, signing a Voluntary Acknowledgement of Paternity (VAP), or through a DNA test by filing a Petition to Establish Parentage with the court. Our dedicated team of paternity attorneys will assist you in obtaining rightful financial support and equitable visitation time with your child.
Secure Child Support in Illinois
Regardless of marital status or visitation arrangements, parents are legally obligated to provide for their children. The purpose of child support is to maintain the child’s living standards as if the parents were living together. Typically, the non-custodial parent is responsible for paying child support, which is calculated based on both parents’ net incomes, the number of children, and the amount of time spent with them. A child custody lawyer is essential in safeguarding your best interests, such as determining support amounts, evaluating payment capability, altering existing obligations, and representing instances of unpaid child support.
Seek Advice From a Child Custody Attorney Prior to Relocation
The process of moving a child involved in a custody agreement demands meticulous legal review due to its effects on parental responsibilities and time-sharing arrangements. A move qualifies as a relocation if the new address exceeds the maximum distance stipulated by the current county of residence. The parent intending to relocate must provide at least 60 days’ notice to the other parent before the date of the move. This kind of move is viewed as a significant alteration in circumstances and may prompt a reassessment of existing custody orders. Our team of child custody lawyers is here to clarify your rights and duties related to relocation.
Establish College Expense Responsibilities
The age of the child and where you are in the divorce process will affect how to approach the topic of college expenses. While child support typically ends when the child turns 18, the courts can extend a parent’s child support obligation to include their college expenses. You can also hire a mediator who will act as a neutral third party to help decide who is paying how much for their shared child’s education. Getting on the same page with your child’s other parent can help make the process smoother and help you establish clear expectations.
We Are Here to Help With Your Chicago Child Custody Needs.
No matter the issue, we’re here for you. Contact us at (312) 408-7000 or fill out a contact form by clicking the “Schedule a Consultation” button at the top of this page. We monitor our inboxes and answer the phone 24/7 to get you the help you need, when you need it.
Frequently Asked Questions
The state of Illinois legally recognizes two types of child custody arrangements: sole custody and joint custody. However, there are many frequently used phrases that describe various custody arrangements that are not legal terms, such as:
- Sole custody – One parent has the right to make all decisions for the child’s medical, education, extracurriculars and religious upbringing.
- Joint custody – Both parents share the responsibility to make decisions about the child’s medical, education, extracurriculars and religious upbringing.
- Residential custody – Whichever parent the child typically lives with the majority of the time (think “home base”).
- Legal custody – This refers to the parents’ legal decision making rights, which can be sole or joint.
- Not hiring a child custody attorney
- Refusing to cooperate with your spouse
- Badmouthing your spouse
- Losing your temper
- Not being supportive of your spouse’s relationship with the children
In Illinois, a child can choose which parent to live with once they reach the age of majority (18 years old) or are otherwise emancipated. The courts will consider the minor child’s preference in a custody case, but only if they deem the child mature enough to voice their opinion. In most cases, custody and parenting time are agreed upon between the parents or, in contested cases, decided by a judge.
The court must decide that sole custody is in your child’s best interests. You and your child custody attorney will need to provide clear evidence to prove that the other parent should not have decision-making rights over the child for their own well-being.
In every case, it takes a village. We have a full-service staff and a large team of attorneys to help with your situation. We use a variety of attorneys, both partners and associates alike, to resolve your case and keep costs down.
Since 2016, Illinois law has shifted from using terms like “custody” and “visitation” to “allocation of parental responsibilities” and “parenting time.” Four major decision-making areas must be resolved before a judge can sign off on a final allocation judgment, and a formal parenting agreement.
This is determined by the best interest standards.
- There are two sets of best interest factors: one for allocation of decision-making responsibilities and one for allocation of parenting time. You’ll see there is some overlap between the two sections.
- These factors are located in two subsections of the Illinois Marriage and Dissolution of Marriage (IMDMA), but the Illinois Parentage Act (750 ILCS 46/802) expressly incorporates these factors from the IMDMA.
- For preparing for trial, these best interests factors serve as a roadmap for presenting witness testimony, documents, and argument.
- After trial when the judge drafts a Judgment that allocates parental responsibilities, the judge will typically have a section for each best interest factor, describe the evidence the applies for each factor, and then conclude whether the factor favors one parent over the other or whether the factor is neutral.
- In allocating either decision-making responsibilities or parenting time, the court will not consider conduct of a parent that does not affect that parent’s relationship to the child.
- The respective wishes of the parents and the child;
- The history of care-taking functions;
- The child’s adjustment to their current home, school, and community; and
- The willingness of each parent to facilitate and encourage the child’s relationship with the other parent.
Illinois does not default to 50/50 parenting time, as they always consider the best interest factors for each case. However, they do aim to maximize the parenting time for the non-custodial parent.
At a minimum, the below needs to be decided on and included in any parenting plan:
- How decision making is going to be allocated in each category
- A decision on who will be the primary residential parent
- A set parenting schedule that includes major holidays, school breaks, vacation and travelling time
While an attorney is not legally required to argue a custody case, it is highly recommended for an attorney to be present for both sides given the nuances of custody law and the way custody cases have to be presented to the court.
Written By Jonathan Merel
Jonathan Merel is an experienced attorney who advocates for his clients in all divorce and family law proceedings, including settlement negotiations and trials. Jonathan founded Merel Family Law in early 2009 after working for many years at another family law firm in Chicago.
