Child Custody Attorneys in DuPage County

Representing Clients in Oakbrook, Kane County, Kendall County, & Cook County

How the children will be cared for and by whom can be an emotional issue for all parents and caregivers involved in your children’s lives. At Tameling & Associates, we will fight for you and your children no matter what issues arise. Parenting concerns can be one of the most stressful and fervent aspects of any case. We have represented clients through child custody litigation in courtroom all across Chicagoland. Our experienced Trial Attorneys have worked with therapists, Guardian ad Litems and Child Representatives, expert witnesses, DCFS, and professional evaluators to help determine the best arrangement for children in the some very complicated situations. 

Do Kids Get a Say in Child Custody?

By the strict letter of the law, children do not get a say in which parent they will live with. In practice, however, courts do want the perspective of the child. One way of doing this is through a Guardian ad Litem. This is a court-appointed attorney who represents the best interests of the child and makes recommendations to the court. GAL’s also testify at Hearings and Trials as the “eyes and ears of the court”. Some courts will appoint a Child’s Representative that will work through the parenting issues on behalf of the minor child, but may not testify at a Hearing or Trial.

The Guardian ad Litem is not the same as an Attorney for the Child, or a Child’s Representative. The child cannot direct the guardian in the way spouses can direct their DuPage County divorce lawyers. But the guardian does take time to talk with the child and those involved in the child’s life (teachers, neighbors, etc.) to try and get a good understanding of where the child’s best interest lies. As children get older, their direct testimony is more likely to at least be heard by the court.

Child custody issues can be hard to work through. There’s a lot to think about on a subject that parents are rightfully passionate about, and at a time when the parents themselves may be going through emotional pain of their own. An experienced lawyer, who understands what issues must be raised in a child custody hearing, can be an invaluable asset for a parent.

Tameling & Associates has been fighting for divorced parents and their children since our founding over 25 years ago. 

Call our DuPage County office today at (630) 394-5944 or contact us online to set up a consultation.

What if my Partner is an Unfit Parent?

When a relationship between parents breaks down because of issues involving addiction, abuse, or abandonment, we want to protect the children. A DuPage County child custody lawyer can advise if there is a case for unfit parenting and how to go about proving it.

In Illinois, both parents are presumed to have equal rights regarding their children. It is up to the parent alleging unfitness to prove that case to the court. Parenting time can be modified or eliminated if it is demonstrated that the children would be in danger. This is a complicated situation that may require expert testimony, the appointment of a Guardian ad Litem, and professional evaluations of the parties. 

When both parents are not able to care for their children, custody of the children may be granted to a third-party caregiver. There are several factors that the court will require in order to consider a determination of custody in situations such as these. Tameling & Associates will be your advocate for the best interests of your children and your family 

Call our Oak Brook office for help in fighting for your rights in child custody and for the best interests of your children. Also serving clients across Cook, Kane, Will and Kendall counties. Call today at (630) 394-5944 or contact us online to set up a consultation.

Legal Custody vs Physical Custody

Child custody in an Illinois divorce is separated into two distinct categories. One is physical custody. In Illinois, we now refer to this as Parenting Time. This refers to where the child will live and addresses issues like visitation for the non-custodial parent. Legal custody, on the other hand, deals with decision-making authority in the child’s life. Specially, decisions regarding religious upbringing (if any), education, and medical care. In Illinois, we now refer to this Parenting Responsibilities. 

It is well possible for divorced parents to share legal custody equally, even if physical custody is predominantly held by just one. We will negotiate a Parenting Allocation Judgment or Allocation of Parenting Responsibilities which is a contract that sets forth the plan for parents to share weekends, holidays, vacations, and more. 

The best interests of the child are the overriding factor in all child custody decisions, so it is not uncommon for courts to find that those best interests are served by the child living primarily with one parent while the other parent has a specific parenting time schedule. But even in these circumstances, the parent with majority parenting time can still retain an equal share of decision-making responsibilities.

The Attorneys at Tameling & Associates have over 40 years of experience in child custody cases to fight for our clients and their children. Call our Oak Brook office at (630) 394-5944 or contact us online to set up a consultation.