Custody & Visitation

DuPage County Child Custody Lawyer

The Law Office of Emily J. Kelly in Wheaton, Illinois

Decisions at the time of divorce or a break-up will have a lasting impact on you and your children as you redefine "family" in the aftermath. Rather than let a court make those decisions, the Law Office of Emily J. Kelly supports clients in developing workable solutions on their own terms.

I am a family law attorney with 18 years of experience in the law. My Wheaton, Illinois, practice serves mothers and fathers throughout DuPage and Kane counties. I invite you to schedule a free 30-minute consultation to discuss your custody situation. Call (630) 221-0100.

Determining Child Custody

The big issue, of course, is who the kids will live with. In joint custody, one parent will have primary physical custody and the other parent will have parenting time or child visitation. In joint custody arrangements, both parties have decision-making responsibility for the child's health, education, and religious upbringing. Both parents retain joint legal custody, even if the child lives mostly with one parent. Sole custody is awarded in cases of demonstrated abuse, neglect, a harmful environment, in the best interest of the child, or for other good reason.

If you are seeking primary physical custody, we will explore whether it is a reasonable goal, and if so, develop strategies to support your case. The court will consider who has been the primary caregiver, and whether continuing that arrangement is in the best interests of the child. If you will not be the primary custodian, I work to ensure that you receive as much parenting time as possible.

Your Options: Steps in the Custody Process

1. An out-of-court parenting agreement - approved by the court.
2. Court-ordered mediation. I will prepare you to enter mediation with all the facts and a clear vision of all your options.
3. Family evaluation by a court-appointed psychologist. I can help you choose from a list of approved evaluators (otherwise, the court will pick one.) The evaluator's recommendation to the judge will favor one side or the other as suited for primary custody.
4. Either parent can retain an independent evaluator if the court evaluation is disputed. You then must reach a custody agreement in line with the evaluations, or go to trial.
5. Custody litigation is an expensive and nasty "battle of the experts." I make every effort to spare clients from a trial, but sadly it sometimes is necessary to protect your rights and the best interests of your child. As a former DuPage County prosecutor and veteran trial lawyer in private practice, I can capably stand up for you.

Parenting Plans

At some stage in the process, you have to work out the details of the custody agreement. I can help negotiate specifics of the parenting plan:

• Pick-up and drop-off schedules
• Summers, holidays, and vacations
• Choice of schools and day care
• Child support, medical insurance, college contributions, and extracurricular activity contributions

Contact the Law Office Emily J. Kelly in Wheaton, Illinois for a free 30-minute consultation to discuss your child custody situation. I offer compassionate support throughout a difficult process, and fierce protection of your interests. Call me at (630) 221-0100.