Mother’s Rights

Obtaining Custody in a Family Law Case In Kendall County

Yorkville and Kendall County Family Law Attorneys

What is Family Law?

Family law is an area of law primarily concentrated on non-divorce cases involving unmarried couples with children born between them. Many family law cases involve parental rights, as well as the obligations that accompany such rights. Child support, custody, and visitation rights are common issues in paternity cases. However, other issues can arise. Family law can be complex and overwhelming, but the attorneys at Gateville Law Firm are ready to help make this process as fast and stress-free as possible.

Skilled Divorce and Child Custody Lawyers
Obtaining Child Custody

In Illinois, there are two forms of custody: legal and residential. Legal custody refers to the right to make important decisions regarding the child, such as educational, religious, and medical decisions. Residential custody, on the other hand, refers to the right to have the child physically reside with the parent. Under Illinois law, married parents have joint residential and legal custody of a child born between them during the marriage. However, if parents are unmarried, the mother has sole legal and residential custody of the child until a finding of paternity is made and the father petitions the court for some form of custody of the child.

In the past, fathers could try and obtain custody of their children by declaring the mother “unfit” due to alcoholism, mental illness, or child abuse. Now, the courts base their child custody decisions on what is in the best interest of the child. In making this determination, courts typically show a preference to the parent who has served as the child’s primary caretaker. In addition, there are several factors that the court considers determining the allocation of parenting time once both parents obtain some level of custody, including (but not limited to):
• The child’s wishes
• The relationship between the child and parent
• The distance between the two parent’s homes
• The previous time spent between the child and parent

In this respect, both mothers and fathers can attain parenting time with the child, as courts will survey what is truly best for the child and not automatically award the majority of parenting time to the mother. Child custody cases are intensely fact specific, and it is important to speak to an experienced family law attorney before making important decisions based on whim or on emotions.

Kendall County Shared Custody Law Firm

Parents may either share legal custody or legal custody of the child may be entrusted to one parent. While it is possible to share residential custody, such arrangements are often unrealistic or inflict too much stress on the child/children. Typically, courts are hesitant to award joint residential custody, however we can work with you to decide what you think may be best for the child/children in your specific situation. In deciding what residential and legal custody arrangement would best fit your needs, we encourage clients to consider the role that they want to play in their child/children’s life and if they are ready to support them financially, emotionally, and mentally.

Experienced Dissolution of Marriage, Child Support, and Custody Law Firm Serving Yorkville, Oswego, and Kendall County

The Role of Gateville Law Firm

Child custody is always an emotionally challenging topic with many variables. Navigating a family law matter on your own is rarely a good idea. The rules and procedures can be complicated and difficult to go through without expert legal support. Matters as important as custody of your children are too critical to deny yourself the legal expertise and compassion that you deserve.
The attorneys at Gateville Law Firm are committed to helping you resolve your family law matters with respect and timeliness. Unlike most firms, we are not a high-volume law firm and we remain dedicated to high efficiency and privacy as these matters can be deeply personal. We may be reached at 630-780-1034 or via email at

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