Post Divorce

Child Custody, Visitation & Child Support Attorneys in Naperville, Illinois

Going through a divorce is difficult enough without also having to be concerned about what will happen to your child and whether they will be properly taken care of. Although the courts will always be concerned about what is in the best interest of your child and ensuring that they are financially supported, how courts make that decision is where an experienced family law attorney can be helpful to you.


At the Fitzgerald Law Firm, P.C., we use our many years of experience to provide you and your loved ones with the best representation possible. Founding attorney Daniel P. Fitzgerald runs a successful practice, making his clients’ interests the top priority. Dan has served many families and businesses since 1999 in many areas of legal representation. We take the time to ensure that you have personalized representation and that you understand the process, every step of the way. Contact us today for a free consultation and find out how we can help you. Our areas of practice include family, divorce, business, real estate, personal injury, probate, and will and trust law.


The Illinois Marriage and Dissolution of Marriage Act

The Illinois Marriage and Dissolution of Marriage Act governs both divorce and child support payments. The courts may order payments to be made to the parent who has been awarded custody which meet the child’s education, physical, mental, and emotional needs, as well as any other needs within the court’s discretion, such as financial support for health and/or extracurricular expenses. In order to calculate these payments, courts will use a set of guidelines based upon the supporting party’s net income and the number of children receiving support.


The Best Interest of the Child

Courts in Illinois will take the following factors into account when determining the best interest of the child:


  • The wishes of the parents;
  • Depending on age, the wishes of the child;
  • The interaction between the child and any family members;
  • The child’s adjustment to their home and school;
  • The mental and physical health of everyone involved;
  • Any history of physical violence or abuse;
  • The amount of support each parent gives the other; and
  • Other factors as deemed necessary.


Parenting Time/ Visitation

Under Illinois state law, parents who do not gain custody of their child are entitled to reasonable parenting time/ visitation rights unless those rights conflict with the well-being of the child. Courts can also grant visitation rights to grandparents and other non-parents in some circumstances. When deciding on these rights, the courts take into account factors similar to the custody process, including the preference of the child, each party’s mental and physical health, the quality of the relationships involved, and the good faith of each party.


Child Support Modifications

Many families also need child support payments to be modified after they have been established in order to account for changed employment and income circumstances, or even adjustments with child custody. Under Illinois law, in order to do so, the party requesting the modification must be able to show that there has been a substantial change in circumstances or a specific inconsistency between the amount of existing child support and the amount that should be provided for under the guidelines. It is also important to note that, even if both parents agree on modifications, the court must still approve any agreements in order for them to be enforceable.


Contact a Child Custody & Support Law Firm Today

You can learn more about our family and divorce law services via our website or by contacting us at (630) 946-6060. Our firm services clients in Cook, DuPage, Grundy, Kane, Kendall, Lake and Will Counties.