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Chicago, Illinois Child Custody & Visitation Lawyer

When going through a divorce, there is little more that will cause high emotional stress than determining custody and visitation for children. In Illinois, the determination of which parent will be awarded the custody of a minor child is based upon the best interest of the minor child. The court may enter temporary orders awarding one parent the temporary custody or temporary possession of a minor child during the course of the proceedings. Divorced parents are encouraged by public policy to try to raise their children by means of a Joint Parent Agreement, but if this is not possible, the courts are there to ensure that the child’s best interest is placed before their parents’.

The non-custodial parent is entitled to reasonable visitation rights unless the court finds that such visitation would endanger seriously the child’s physical, mental, moral or emotional health. The Court will refer the parties to custody and visitation mediation before becoming involved in decisions regarding the best interest of the minor child, unless an emergency exists. Mediation is a voluntary and non-binding forum for the parties to attempt to resolve any and all disputed custody and visitation issues. Mediation is provided at no charge through the Marriage and Counseling Service. The mediators are very competent and are highly successful in facilitating a resolution of even the most difficult custody and visitation issues.

Attorney Martin Osinski will personally prepare you for the mediation and discuss all aspects of the mediation process with you. Attorney Osinski will also discuss possible custody arrangements with you to prepare you for the mediation. The court may also appoint an attorney for a minor child or children and order a custody evaluation.

If resolution of custody and visitation issues between the parties is unsuccessful, the parties will seek court intervention. To determine the best interest of the minor child, the court considers the parent’s wishes as to the child’s custody, the child’s wishes, family interactions and interrelationships, the child’s adjustment to home, school, and community, the mental and physical health of all individuals involved, incidents domestic violence, and the willingness and ability of each parent to facilitate and encourage a close and continuing relationship between the other parent and the child.

There has been an increasing number of cases in which the parent who has custody wants to move to another state to live closer to family, for new employment or to remarry. The parent who wishes to move will need to have the consent of the other parent or the moving parent will need to obtain permission from the court to move their children out of the state. Martin Osinski has vast experience in helping his clients to get the best possible resolution, either through negotiations or through a hearing.

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With offices in Downtown Chicago, Park Ridge, and Oak Brook, we are able to represent clients throughout Cook County, DuPage County, Lake County, and Will County.