Law Offices of Robert M. Kaplan, P.C.
Schaumburg Family Law Attorney
Child Custody Law
Legal Help with Child Custody and Visitation

We can help you with child custody issues and design a plan to fit your family's needs.

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Child Custody Lawyer in Schaumburg

Child custody law in schaumburgAt the Law Offices of Robert M. Kaplan, P.C., we understand that raising children is no easy task. We know that your children are a big part of your life and that your relationship with them matters greatly. 

When you work with our Schaumburg law firm, you will be represented by a family law attorney who is also the parent of college-aged children. Whether you are going through a divorce or you have a child custody issue related to a paternity case, you can be certain that we will take great care to protect and maintain your relationship with your children. Along the way, you can count on our insight into the vast array of non-legal challenges that also come along with being a divorced parent.

Schaumburg Child Visitation Lawyer

Child custody and visitation, which are now formally known as "parenting time" and "parenting responsibilities," can be big problem areas for many couples and parents. It is important to consider how your relationship with your child or children will be affected by a potential divorce or separation. Our Schaumburg child custody lawyer is available to help guide you through the parenting time process and answer any questions you may have along the way. To schedule your free initial consultation with attorney Robert M. Kaplan, please call our Cook County law office today at (847) 845-9477

Benefits of Hiring a Child Custody Lawyer

Custody disputes can be emotionally draining and legally complicated. A child custody lawyer protects your parental rights and helps you achieve the best possible outcome for your family. With their expertise, you can navigate this challenging process with confidence and focus on what truly matters.

Advocacy for Your Parental Rights

A child custody lawyer fights for your right to remain a key part of your child’s life. They work to secure a fair arrangement that reflects your relationship and ensures meaningful time with your child.

Development of a Child-Focused Plan

Your lawyer helps design a custody agreement that prioritises the child’s needs, from education to emotional well-being. This ensures a stable, supportive environment for your child.

Conflict Resolution Expertise

Child custody disputes can escalate quickly. A custody lawyer serves as a mediator to resolve disagreements efficiently and respectfully. This reduces stress and promotes a collaborative outcome.

Frequently Asked Questions

It is natural to love and grow attached to children in your family, whether they are your actual biological children or step-children. And you may even wish to provide them with a stable parental foundation if they do not have one already. If you are a step-parent and would like to adopt your partner's biological child or children, you must proceed through the legal process to complete the adoption.

If the biological parent is still alive, the parent must agree to terminate their parental rights. Alternatively, a trial on the issue of terminating parental rights must be held. Because biological parents have certain rights, you cannot avoid the necessary steps required by the court, no matter your current role in the child or children's lives.

Next, you have to prove your fitness to parent the child to the court – this may mean both financial and logistical requirements of parenting. This step is usually not as burdensome unless you have a criminal background; however, even persons with criminal backgrounds can adopt it under the right circumstances.

Contact Our Schaumburg IL Law Firm 

Do you have more questions on the adoption process in Cook County? Please contact our Schaumburg, IL, law firm for a consultation. 

In 2016, Governor Bruce Rauner signed into law Public Act 99-0764, which went into effect on July 1, 2017. The purpose of the act is to change how child support is calculated in Illinois. The new law will use the income share model for calculating child support, which is already customary in many other states. Effective January 1, 2019, the income shares child support model was modified with Public Act 100-0923.

What Does the New Law Mean for You?

When the income shares model is used for calculating child support, courts are directed to award a minimum percentage of the non-custodial parent’s net income. The income of the custodial parent will not come into play.

This model uses an economic table (published by the Illinois Department of Healthcare and Family Services) that determines the estimated costs of caring for a child if a couple was living together. Based on the couple’s combined income, the number of children, and the cost of living, each parent is responsible for a portion of those costs based on their income. This could mean that current child support amounts will go up or down, depending on the situation.

Other Ramifications of the New Law

In situations where parenting is shared, which is defined as both parents having the child for a minimum of 146 overnights per year, the new law also changes support obligations. The base amount of child support will increase for both parents. But in these shared situations, the more time you spend with your child, the less your child support obligation will be—after you have met the 146 nights per year criteria.

Under the new law, the court is given the option of deviating from the recommended guidelines that it deems appropriate.

Contact Robert M. Kaplan in Cook County

Every situation is different, and if you have questions about the new child support laws in Illinois, contact Robert M. Kaplan. With his experience and knowledge, he can examine your current custody arrangement and let you know what the new law might mean for you. Call today for a consultation!

In Illinois, child custody courts recognize “legal custody” for children. That means that the parent or guardian is legally able to make decisions for the child’s best interest. “Physical custody” refers to whom the child will be living with. A parent or guardian can have sole custody (one parent) or joint custody (both parents) and the details of each arrangement will be determined on a case-by-case basis.

In Illinois, there is no specific age children can make the decision about who they prefer to live with during a divorce or separation. Although the child's wishes will often be considered by the court, especially as they grow older, the main factor will be the best interests of the child.

Create a Parenting Plan

During a divorce or separation, you will create a parenting plan that addresses the arrangements and needs of your child. This parenting plan will outline which parent has visitation rights on holidays, birthdays, special occasions, and vacations. It will also outline who is responsible for transportation arrangements, supervision when it is required, and other details regarding your individual needs.

Call Our Schaumburg, IL Law Firm

It is important to remember that most decisions will depend on you, your spouse or partner, and the needs of your child, which can vary depending on their age and any special care that may be required. If you would like to learn more about child custody in Illinois, please contact our Schaumburg law firm

As part of your divorce or paternity action, you will normally be restricted from moving out of state without court permission or written agreement from the other parent. There are specific factors that are taken into account when a parent desires to move out of state. If those factors are met, a court may grant you the right to move even if the other parent objects. There are different standards involved for in-state moves.

Contact Our Schaumburg Family Law Firm

If you have more questions or concerns on child custody laws in the Cook County area, please call the Law Offices of Robert M. Kaplan for a consultation. 

What Are The Different Types of Child Custody Arrangements?

In researching your child custody situation, you may have come across terms such as "legal custody," "physical custody," "joint custody," and "sole custody." We know that these terms can be confusing and that you may have questions about your custody arrangement and your relationship with your children. 

At the Law Offices of Robert M. Kaplan, P.C., we believe in giving our clients simple, clear, and accurate legal advice that is easy to understand and free from legal jargon. This advice is unique to every client of ours because no two families have the same situation or legal needs. If you retain Mr. Kaplan to assist with your child custody case, he will direct and guide you toward the best choices. Thankfully, there is a wide variety of child custody and visitation options available that are designed to protect your relationship with your children. 

It's helpful to consider the following questions when deciding on a child custody arrangement: 

  • Do you want to have sole custody of your child because you are worried about your child being exposed to danger when in the care of your former spouse? 
  • Are you in the military and concerned about maintaining a long-distance relationship with your child? 
  • Have you and your former spouse resolved all of your differences and are willing to split your child's time equally? 
  • Is it in your child's best interest for them to live primarily with you? Do you have the time, resources, and finances your child needs? 

In summary, there are several different types of child custody arrangements. Because the needs of each family are so unique, and each child custody arrangement will look different from the next, we will not discuss the specifics of each scenario here. If you are curious about the available types of child custody arrangements in Schaumburg, we encourage you to schedule a free initial legal consultation with our family law attorney by calling us at (847) 845-9477 today!

What Will My Relationship with My Children Be Like?

During your divorce or separation, your relationship with your children will naturally change. Divorce can be tough on children, but this does not mean that you should lose hope or abandon your relationships altogether.

Your child custody arrangement will determine the amount of time you spend with your children. Whether your children live with you full-time or you are only together a few days each month, you still can customize and prioritize your relationship with them. You can choose to have a great relationship with your children no matter your circumstances and even in the face of a challenging parenting time agreement. 

At the Law Offices of Robert M. Kaplan, we have worked with many parents who are going through a divorce. We understand the problems that can arise and the strains that can be put on relationships when parents separate and children live in different homes. Despite these challenges, we always encourage parents to make their relationships with their children one of their highest priorities. Our Schaumburg child custody legal team will work with you to strategize and brainstorm ways to protect, preserve, or improve your relationships with your children.

Meet Our Attorney:

Schaumburg IL attorney Robert M. Kaplan

Robert M. Kaplan

Attorney Robert M. Kaplan is dedicated to assisting clients with family law, real estate law, bankruptcy law, estate planning, and probate matters. After receiving a degree in law from The University of Florida College of Law in Gainesville, and working as a Public Defender in Miami, FL, Attorney Kaplan made the move to Illinois to start his own practice in 1991.

Over 34 Years of Legal Experience 

Robert has been engaged in the practice of law for over 34 years and is licensed in both Illinois and Florida, ...

Who Decides The Details of My Child Custody Arrangement?

Generally, child custody arrangements in Cook County are decided one of two ways: by the parents or by the court. 

It is ideal if you and your former spouse can agree outside of the courtroom. However, our legal team understands that you may need a little help getting there. Divorces are often very contentious, and parents typically want different outcomes regarding their parenting time. 

Luckily, you have a handful of legal professionals who can help you reach a fair arrangement. Our Rolling Meadows law office can assist as you and your ex-spouse negotiate your child custody agreement. We can also enlist the help of experienced legal mediators who work full-time to help couples settle their differences outside of court. 

If, for any reason, you are unable to agree to a child custody arrangement, your assigned judge can also issue a ruling regarding your parenting time. 

To learn more about the process of designing a child custody plan, please contact our Schaumburg family law attorney at (847) 845-9477

Can My Child Custody And Visitation Arrangements be Modified?

Yes. Child custody and visitation arrangements often need to be changed. 

Your circumstances will likely change, even if only slightly, after your child custody arrangement is made. This can be in the form of a new job, a new marriage, a new house or place of residence, a new income, etc. These changes can all affect your parenting time and the arrangement that was previously agreed to. 

If you find that your circumstances have shifted down the road, there is no need to panic. At the Law Offices of Robert M. Kaplan, we are prepared to help you make the necessary modifications to your child support arrangement to ensure the rules are still fair and still in the best interest of your child. Even if our Hoffman Estates law office did not help you with your original child support agreement, we can still help you with modifications or changes that need to be made. 

Featured Blog Posts - Child Custody Law

September 25, 2023

Common Types of Child Custody

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When relationships end and children are involved, custody battles can be emotionally draining for everyone. Enlisting the aid of a skilled family lawyer in Hoffman Estates or Schaumburg can make this challenging journey a bit smoother.

The Different Types of Child Custody

Child custody arrangements come in various forms to meet the unique needs of families. Here are some types to consider:

Sole Custody

In sole custody arrangements, one parent gains total custody rights over the child. This option becomes viable in situations involving abuse, neglect, or circumstances that could endanger the child's ...

November 27, 2020

What to Expect From a Child Custody Mediation Session

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Do you have questions about how child custody in Schaumburg, IL works? If so, you are not alone. The legal system can be confusing, and it’s normal for emotions to run high when you’re in situations that involve your children and family. 

If you are preparing for your first child custody mediation session, it’s helpful to work alongside an experienced family law attorney who can offer advice and help with the preparation. Here at the Law Offices of Robert M. Kaplan, we are prepared to answer your questions and ...

Schedule Your Free Legal Consultation With Attorney Robert M. Kaplan in Schaumburg

If you are ready to retain a child custody lawyer in Schaumburg, IL, our legal team can schedule your initial consultation with Mr. Kaplan. Please contact our law office today by calling (847) 845-9477. We are always here to help you resolve your child custody issues and look forward to helping you design a plan that works well for your family's needs.

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