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Resolving Custody Or Parental Responsibility Issues

Illinois changed its law recently to emphasize the term "parental responsibilities" rather than "custody" when parents split up. If you are in this situation, you may be wondering what your legal options are and how to proceed for the future.

I am attorney Kevin W. Thomas, an experienced family law attorney in St. Charles, Illinois. Through my law firm, I assist divorcing clients in resolving a variety of divorce-related disputes involving the assignment of parental responsibilities (child custody) and support.

Give me a call today at 630-485-8012 to discuss your particular circumstances in a free consultation. Evening and weekend appointments are available.

How Does The Law Apply To Your Situation?

In Illinois, the court makes parenting time decisions based on what is in the "best interest" of the child. If the parents cannot agree on a parenting (custody) arrangement, a court will determine the arrangement for them.

A judge may assign responsibility to one or both parents, depending on how he or she believes a child's financial, material and emotional needs will be met best. The goal is usually to permit a child to have access to both parents while causing the least disruption to the child's life.

How this applies to your situation depends on many factors. For example, if you have a relatively amicable relationship with your ex, coming up with a parenting plan through mediationmay be possible. In other cases, however, aggressive litigation could be needed to protect your interests and your relationship with your child.

What Factors Are Considered In Assigning Parental Responsibility?

Illinois courts weigh several factors when determining parental responsibility (custody). These include:

  • How successful the child has been in adjusting to new circumstances within the family, school and other groups
  • The quality of the child's parental relationships
  • Degree of existing responsibility by each parent for the child's care
  • The child's exposure to physical, sexual or substance abuse

I can discuss your individual circumstances with you in a free and confidential consultation. I will fight for your court-ordered custody rights, whether the situation involves your child or the child of a family member.

What About Child Support In Your Case?

Illinois child support obligations are determined using a formula; however, the exact amount of child support a parent must pay — or will be ordered to receive — can vary depending upon personal and financial circumstances.

At The Law Office of Kevin W. Thomas, I advocate for parents and children concerning child support payments. I understand that most single parents find it difficult to provide for their children on one income; however, I also know mitigating factors like unemployment can limit a parent's ability to pay.

My goal is to do what is right for my clients, so their children receive the support they need. In pursuing this goal, I can help you seek a judgment, wage garnishment or suspension of a business or professional license against a parent who refuses to pay his or her child support obligation.

Conversely, I can assist clients in pursuing child support modifications when their personal and financial circumstances change.

Take Action Today

To arrange a confidential, no-cost consultation with an experienced lawyer, call my office or contact me online.

Divorce FAQ


How long will my divorce process take?


You can be divorced in as little as three weeks if there are no children involved and everything has been agreed upon by the parties. If children are involved, the parents must first complete a court mandated parenting education class regarding divorce and its effects on children....


Upon graduating from the John Marshall Law School in 1994, Kevin W. Thomas began his legal career as a lawyer with the Legal Aid Bureau in Chicago assisting low income families with family law matters. He has extensive experience...

Kevin W. Thomas
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St. Charles Office
2580 Foxfield Road, Suite 101
St. Charles, IL 60174
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Phone: 630-485-8012
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Professional Associations and Memberships
DuPage County Bar Association Family Law Committee
Kane County Bar Association Family Law Committee
Illinois State Bar Association (Member)
Illinois Supreme Court (Licensed Attorney)