Elgin Child Custody Attorneys

Child Custody Attorneys Protecting Parental Rights in Elgin and Kane County

Illinois law refers to child custody as the allocation of parental responsibilities. This includes making important decisions about your child's life and determining how much time your child spends with each parent. These issues can arise during a divorce or between parents who were never married.

At McSwain Rapp Law, LLC, our attorneys bring years of family law experience and professional recognition to every case. Attorney Emily Rapp has earned Super Lawyers recognition since 2022 and holds a Martindale-Hubbell Client Reviewed rating. She has also participated in the Illinois State Bar Association Leadership Academy and supported local community organizations.

Attorney Mary McSwain holds a Martindale-Hubbell Preeminent rating and has received Elite Lawyer recognition. Together, they provide compassionate guidance and strong representation to help parents protect their children's best interests.

How Do Illinois Courts Allocate Parental Responsibilities?

Illinois courts divide parental responsibilities into decision-making authority and parenting time. Decision-making covers education, healthcare, religion, and extracurricular activities. Parents may share these responsibilities or have authority over different areas.

Parenting time determines when children stay with each parent. Judges make these decisions based on the child's best interests. Under Illinois law, important factors include:

• Each parent's involvement in the child's daily care
• The child's relationship with each parent
• The child's needs and adjustment to home and school
• Each parent's willingness to support the other parent's relationship with the child
• The distance between the parents' homes
• The child's wishes, based on age and maturity

Parents usually must submit a proposed parenting plan within 120 days after a petition for parental responsibilities is filed or served. Courts may extend this deadline, and exceptions apply when the other parent has not appeared.

What Role Does a Guardian ad Litem Play in a Custody Case?

In contested custody cases, a judge may appoint a guardian ad litem (GAL) to investigate what is best for the child. The GAL may interview parents, speak with teachers, and review records. They visit the family home before presenting findings and recommendations to the court. They can also testify during hearings. The court decides how the costs of the investigation will be paid, which may include requiring one or both parents to cover the fees.

Attorney Rapp has been certified as a guardian ad litem in Kane and DuPage counties since 2015. Her experience helps our firm prepare parents for interviews, evaluations, and contested custody proceedings.

Can You Move With Your Child After a Custody Order?

Elgin is in both Kane and Cook counties. In either county, moving your child's primary residence more than 25 miles within Illinois counts as relocation. A move across state lines also qualifies when the new home is more than 25 miles away.

If you have the majority or an equal share of parenting time, you must give the other parent at least 60 days' written notice and file a copy with the court. If the other parent objects, court approval is required.

The judge considers the reason for moving, your child's needs, and the effect on the other parent's relationship with the child.

When Can Parenting Arrangements Be Changed or Enforced?

You usually must wait 24 months before asking the court to change major decision-making responsibilities. However, changes may be allowed sooner if both parents agree or there is a serious risk to the child's well-being. Parenting time can be changed sooner if circumstances have changed and a new schedule would be better for the child.

If the other parent violates your parenting schedule, you can request enforcement. The court may order makeup parenting time, counseling, or payment of attorney's fees. A judge can also restrict parenting time when a parent's conduct seriously endangers the child or significantly harms their emotional development.

Attorney McSwain brings extensive trial experience to contested custody cases. She has also written appellate briefs that resulted in published decisions.

How Do Parentage, Adoption, and Support Affect Custody?

Unmarried parents may need to establish legal paternity before the court can allocate parental responsibilities. This can be done through a Voluntary Acknowledgment of Parentage or court proceedings involving genetic testing. An adoption creates a permanent legal parent-child relationship. Stepparent adoptions require addressing the other legal parent's rights.

Parenting arrangements can also affect how much child support you pay or receive. Illinois considers both parents' incomes and the number of overnights the child spends with each parent. When each parent has at least 110 overnights per year, special shared-care calculations apply, with additional adjustments based on the parenting schedule.

Contact Our Elgin, Illinois Child Custody Attorneys

Disagreements over parental responsibilities and parenting time can affect your relationship with your child for years to come. Whether you are creating a parenting plan, requesting a modification, or dealing with a parent who refuses to follow a court order, our attorneys can help you understand your rights and work toward a practical solution.

At McSwain Rapp Law, LLC, we represent parents throughout Elgin and Kane County in custody disputes and other family law matters. Contact our Elgin child custody attorneys at 630-581-2877 to schedule a free consultation.