At Keller Legal Services, Kane County child custody lawyers can help you navigate that fine line between fighting for your kids and fighting over your kids. If you are facing a divorce or other custody battle for your children, you have probably been the recipient of a lot of unsolicited advice. Some people will tell you that you have to fight for your kids and just as many people will tell you that it is important that you not fight over your kids. For a parent facing a major life change, it can be hard to tell the difference between the two things. Fortunately, an experienced child custody lawyer can help you navigate through the tricky minefield of child custody disputes, by helping you stay focused on your child’s best interests without losing sight of your rights as a parent.
Courts are supposed to consider the child’s best interests when making custody arrangements. However, the reality is that no parent is perfect. Courts have to take a number of factors into account, weigh them against each other, and try to determine the arrangement that is the best for a child. These factors include, but are not limited to: the child’s wishes; the health of the parents; the mental health of the parents; evidence of drug or alcohol abuse; evidence of domestic violence or child abuse; other household members; religious and cultural considerations; the child’s age; the child’s gender; the disposition of custody of siblings and half-siblings; whether the child has any special needs; and the ability to provide stability and continuity for the child. The last factor means that the child’s primary care giver will generally be awarded primary custody, in order to ensure continuity. Moreover, you will notice that financial considerations are not on that list; the courts presume that they can ensure that the primary care giver has sufficient funds to care for the children through appropriate allocation of child support.
At Keller Legal Services, while the parent is our client, we also keep the child’s best interests at heart. We will help you determine when you need to fight and when it is better for your child to give a little in order to make transitions easier on your child.