Aggressively Pursue Child Custody

Battles over child custody cases in McHenry County and Kane County can take an emotional toll on the family. At Thomas Law Office, we know that these sensitive matters make all the difference to you, and we’ll work tirelessly to obtain the best arrangement for you and your children.

Child custody involves two basic components: residential/physical custody (where the children live during the week) and legal custody (primary decision-making power over the children). Both of these components are defined under either sole custody or joint custody arrangements.

Residential/Physical Custody

Many people believe that sole custody means less time for the non-custodial parent.  However, the time a non-custodial parent spends with his/her children is not related to whether there is sole or joint custody.  The parent who has residential/physical custody of the children usually has the children during the week, and the other parent sometimes has visitation for one or two nights during the week for a few hours.  Otherwise, the parties typically alternate weekends and holidays.

Of course, there are always circumstances that can alter the common arrangement, such as alcohol/drug or physical abuse, or sometimes it is something as simple as a work schedule.  Whatever the circumstances, Colleen Thomas will work for you to convince the court to order the parenting time you believe is appropriate, whether you are the custodial parent or the non-custodial parent.  After the residential custodial parent is determined, the parent is ordered to either have sole legal custody or joint legal custody.

Sole Legal Custody

In the case of sole legal custody, the custodial parent usually keeps the children the majority of the time and makes all of the major decisions involving the children. The non-custodial parent is allowed visitation in most cases, usually on the weekends and over designated holidays. The custodial parent may consult with the non-custodial parent about decisions regarding the children, but it is not required.  However, attorney Colleen Thomas has often been able to obtain orders providing that the custodial parent must discuss all major decisions with the non-custodial parent.

If the non-custodial parent has an issue with the custodial parent in a sole custody arrangement, the non-custodial parent must present the matter in court and carry a larger burden to overcome the custodial parent’s decision.

Joint Custody

Joint custody stipulates that both parents must have equal say in parenting decisions and in the caretaking of children. If one of the parents has an issue with the other over a major decision (education, religion, change in residence, medical matters, etc.), they must try to first resolve it in mediation in the State of Illinois. If mediation is unsuccessful, they can take the matter in front of a judge for a decision. The judge will decide what is in the best interests of the children and the couple will have to abide by that decision.

Attorney Colleen Thomas knows that emotions can run high over child custody issues. She works one-on-one with clients to develop solutions that put the children’s needs first. She can facilitate fair compromises in even the most heated custody battles and works equally well for mothers and fathers in these types of situations. If you live in Elgin, South Elgin, Carpentersville, Marengo, West Dundee, East Dundee, Algonquin, Lake in the Hills, Huntley, Crystal Lake, Woodstock or Cary, call our office today to schedule an appointment. We can be reached at 847-426-7990 or by email.