Peoria Child Custody Lawyer

At McCall Law Offices, P.C., our experienced Peoria family law attorney is well-versed in the laws that govern many complex issues in family law cases. This is especially beneficial to clients who fear contentious courtroom battles. You can turn to our child custody law firm for a legal team that is dedicated, experienced, and results-oriented. 

To speak with an experienced Peoria child custody lawyer, give us a call at (309) 948-5908 or contact us online today.

What Legal Rights Does a Non-Custodial Parent Have?

In Illinois, the legal rights that a non-custodial parent has include certain visitation privileges, such as seeing their child during specified weekends or certain times of the day. Non-custodial parents are those who don't have primary custody of the child. If a non-custodial parent wants to appeal in family court, it's important to work with a skilled Peoria custody lawyer.

In addition to visitation rights, non-custodial parents may also have access to important information regarding their child's education, health, and welfare. They can participate in key decisions about their child's upbringing and maintain an active role in their life, provided the court order includes such terms. Legal support from a dedicated child custody attorney in Peoria can ensure that the rights of non-custodial parents are respected and enforced.

How Courts Determine Child Custody

One of the most delicate and emotionally difficult aspects of legal separation and divorce is child custody. Parties must come to a mutual agreement on custody and visitation. If an arrangement cannot be agreed upon, the parents must petition the court for custody.

When parents petition the court for custody, the court makes its determination based on the best interests of the child. In considering the child's best interests, the court will look at the following factors:

• Parents' wishes
• Child's wishes
• Child's relationship with each of the parents
• Child's adjustment to home, school, and community
• Mental and physical health of all concerned
• Any history of domestic violence or threats of violence against the child or another person
• Each parent's willingness to encourage a relationship with the other parent
• Whether each parent is a sex offender
• Whether each parent is in active military service
• Witness testimony - 3rd party evaluation

In making custody decisions, the court also takes into consideration any special needs the child might have and the ability of each parent to meet those needs. Factors such as a parent's financial stability, lifestyle, and ability to provide a consistent routine for the child are equally critical. Presenting credible evidence and testimonies is crucial to advocating effectively for a custody arrangement that aligns with the child’s best interest.

Joint Custody

Family courts prefer to award joint legal custody to both parents. Joint physical custody is determined either by agreement between the parents or by order of the court. To determine whether joint custody is appropriate, the family court will consider the best interests of the child and the living accommodations of each parent. Parents awarded joint custody must sign a Joint Parenting Agreement, which delineates each parent's rights and responsibilities for the care of the child.

The Joint Parenting Agreement contains a mediation clause, requiring parents to settle any disputes regarding the joint custody arrangement through mediation. In this state, child custody may not be modified for at least two years after the original custody order, unless the court is convinced that the existing custody arrangement will endanger the child's physical, mental, moral, or emotional health.

Joint custody allows both parents to remain actively involved in major decisions impacting their child, such as educational opportunities, medical care, and religious upbringing. This arrangement encourages cooperation and communication between parents, fostering a more supportive environment for the child. Engaging the services of a proficient child custody lawyer in Peoria can aid parents in navigating the intricacies of a Joint Parenting Agreement and ensuring that it serves the child's best interests effectively.

The Benefits of Working with Our Legal Team

We have over 10 years of experience with a record of successful results for our clients. See our case results to learn more. Attorney McCall's skills have been recognized through many awards, including:

• Avvo Superb Rating for family law and divorce
• Avvo Client's Choice Award in 2013
• Super Lawyers® listing among Rising StarsSM for two years in a row
• American Society of Legal Advocates listing among the Top 40 Under 40, an honor bestowed on less than 2% of the lawyers in the U.S.

Our team provides personalized legal support tailored to the specific needs and circumstances of every client. We prioritize understanding your unique family dynamics to offer comprehensive strategies that safeguard your parental rights. Moreover, our involvement in the local community equips us with an invaluable understanding of the Peoria legal landscape, enhancing our ability to represent you effectively in local courts.

How Can a Mother Lose Custody of Their Child in Illinois?

A mother can lose custody of their child in a Peoria family court due to the following factors:

• Alcohol or Drug Abuse: A mother abusing drugs or alcohol while having custody of a child is a way to lose custody. Whether or not the child is present, it can still lead to losing custody.
• Domestic Abuse: Abuse in front of the child will cause an investigation by the Illinois Department of Child Services for neglect. Physical abuse, even by a mother, is considered domestic violence. A mother can lose custody of their child for being abusive towards the father.
• Lack of Involvement: If the mother does not meet most of the child’s basic needs, such as participating in the child’s life, the court will most likely grant custody to the parent who has been consistently meeting the child’s needs.
• Poor Online Activities: In Illinois, if the mother is posting videos of them endangering or constantly trash-talking the other parent, the mother can lose custody.
• Against Father/Child Relationship: If the mother keeps trash-talking the father, online or offline, she can still lose custody of the child.

It's important for mothers to consult with a knowledgeable child custody attorney in Peoria to understand the complexities of their case and to protect their parental rights effectively. Understanding these factors and seeking proactive solutions, such as rehabilitation or parenting classes, can demonstrate a commitment to improving one's capability to provide a nurturing environment for the child.

Can I Stop Child Support from Taking My Tax Return?

You must be delinquent in your child support debt. If you are current, your refund cannot be seized. If you are delinquent in both child and spousal support, both can be collected through your tax refund. If the custodial parent is on TANF support, you must owe at least $150, or $500 if it is a non-TANF situation. In other words, it can be collected until the back child support is paid off.

To avoid interception of your tax return for child support arrears, it's advisable to work with a family law attorney who can guide you through setting up a reasonable payment plan. Being proactive about addressing debts can prevent additional legal consequences and financial strain. Our Peoria team is poised to provide guidance and representation to protect your financial interests while fulfilling your support obligations.

What Makes a Parent Unfit for Child Custody in Illinois?

Various factors that directly affect the child's well-being are assessed in Illinois to determine a parent's fitness for child custody. An unfit parent may be ruled unfit if their behaviors or conditions jeopardize the safety, health, or development of the child.

Common factors that may contribute to a parent being considered unfit include:

• Abuse or Neglect: Any history of child abuse or neglect, physical or emotional, raises serious concerns about a parent's suitability for custody.
• Substance Abuse: Ongoing issues with drug or alcohol abuse can significantly affect a parent's ability to provide a stable and secure environment for the child.
• Domestic Violence: Participation in incidents of domestic violence, especially when the child is a witness or victim, can influence a parent's entitlement to custody.
• Mental Health Issues: Severe mental health conditions that impair a parent's ability to care for and make decisions in the child's best interests can lead to unfitness.
• Criminal Activity: Involvement in criminal activities or a criminal history, especially if it poses a risk to the child, may be considered during custody evaluations.

Illinois family courts carefully consider these factors, aiming to ensure the child's safety and well-being. Parents must address and rectify any issues that may be perceived as making them unfit, demonstrating a commitment to the child's best interests during custody proceedings.

Addressing areas of concern proactively, such as attending parenting or therapy sessions, can positively influence court evaluations and promote healthier environments for children. Legal advice from our skilled Peoria attorneys can guide you through necessary steps for improvement and showcase your commitment to positive parental engagement.

Understanding Relocation & Custody in Peoria

When a custodial parent needs to move, whether for a job opportunity or personal reasons, it can significantly impact the existing child custody arrangements. In Illinois, especially in Peoria, laws regarding relocation require the custodial parent to seek permission from the court if the intended move is more than 25 miles from the current residence. Failing to obtain court approval can result in legal repercussions and impact future custody evaluations. The courts prioritize the child's best interests, examining factors like the potential benefits of the move, the reasons behind the relocation, and its impact on the child's relationship with the non-custodial parent. A usefully comprehensive relocation plan is crucial, covering education, housing, and visitation, to assure the court that the move supports the child's well-being.

How to Modify a Child Custody Order

Life circumstances can change, prompting the need to modify existing child custody orders. In Peoria, Illinois, courts allow custody modifications under circumstances that substantially affect the child’s well-being. Such circumstances may include changes in a parent’s work schedule, a move, or shifts in a child’s needs as they grow older. To modify a custody order, the parent must file a petition with the court demonstrating the significant change that impacts the child, supported by evidence. The court will review the evidence to determine if a modification aligns with the child's best interests. Engaging with a knowledgeable child custody lawyer in Peoria facilitates a smoother legal process, ensuring that all necessary documentation and legal standards are met to optimize the likelihood of a favorable modification.

Frequently Asked Questions About Child Custody in Peoria

What Is the Process for Filing for Child Custody in Peoria?

The process for filing for child custody in Peoria begins with filing a petition for custody at the local family court. Parents must provide detailed information about their relationship with the child, the child's current living situation, and the proposed parenting plan. The court will consider various factors to determine custody, focusing on the child's best interests. It is advisable to consult with a child custody attorney in Peoria to navigate the legal complexities involved, ensure proper documentation, and advocate effectively in court.

How Can Grandparents Seek Custody or Visitation Rights in Peoria?

Grandparents in Peoria seeking custody or visitation rights must demonstrate to the court that such arrangements are in the child's best interests. Courts typically prefer parental custody but may grant grandparents rights if the child is in harm's way or the parents are unfit. The process involves filing a petition and providing substantiated evidence of necessity. Working with a family law attorney familiar with local Peoria statutes is crucial in these sensitive matters.

What Role Do Child Preferences Play in Custody Decisions?

In Peoria, the preferences of a child are considered in custody decisions, especially for older children who can express their wishes sensibly. However, the child's preference is only one factor among many that the court evaluates when determining what serves the child's best interests. While the court respects the child's input, it balances this with other considerations like stability, parental aptitude, and overall well-being.

What Should I Do If the Other Parent Violates the Custody Order?

If the other parent in Peoria violates the custody order, the affected parent should document the violations and bring them to the attention of the court. Legal action can be taken to enforce custody agreements and protect parental rights. Working with a knowledgeable child custody lawyer can help navigate the legal remedies available, which may include modification petitions or contempt actions.

How Are Interstate Child Custody Issues Handled in Peoria?

Interstate child custody issues in Peoria are governed by the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), which aims to avoid jurisdictional conflicts between states. The UCCJEA establishes which state has the authority to make custody decisions and how to enforce orders across state lines. Legal intricacies in such cases necessitate experienced representation to ensure compliance and protect parental rights effectively.

Our Peoria Child Custody Lawyer Will Fight for Your Parental Rights

You will definitely want to make decisions that are in the best interests of your child or children. Let our knowledgeable Peoria family law attorney help you make informed decisions that do not adversely affect your children in the present or the future. We can also assist in matters of child custody modifications and other Peoria family court matters,

To speak with an experienced Peoria child custody lawyer, give us a call at (309) 948-5908 or contact us online today.