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How Can We Help You With
Your Child Custody Case?

Trusted Child Custody Lawyers in Oak Brook

Protecting the Best Interests of Your Child

If you need to establish a custody agreement in a divorce or are interested in pursuing a modification of an existing custody arrangement, the Law Office of David A. King, P.C. can offer skilled counsel. Our DuPage County child custody attorneys have an intimate understanding of Illinois custody and visitation laws to apply to your case. We believe in working closely with our clients to ensure their wishes and concerns are accurately addressed.

In complex, litigated custody disputes or through mediation or other collaborative means, our custody lawyers are prepared to protect your legal rights. We have been representing families across Oak Brook, DuPage County, and the surrounding areas since 1993. We are ready to put our knowledge and experience to work for you and your family.

Contact our Oak Brook office at (630) 504-0003 to discuss your child custody concerns. We serve clients throughout DuPage County, Cook, Kane and Will.

2016 Updates to Child Custody and Parental Visitation Laws in IL

For the last four decades, the Illinois Marriage and Dissolution of Marriage Act (IMDMA) has provided the primary legal basis for most family law concerns throughout the state. Although the IMDMA has been gradually revised since it was originally enacted, many of its provisions have remained relatively untouched for almost 40 years. In the spring of 2015, however, the Illinois State Legislature passed a measure that looked to substantially update the IMDMA on several different areas of focus. Senate Bill 57 was signed by the governor in August 2015, with the sweeping amendments set to take effect on January 1, 2016.

These changes primarily include:

  • The removal of “custodial” and “non-custodial” labels from parents
  • No longer referring to custody as “sole custody” or “joint custody”
  • Changing visitation to “parenting time”
  • Respecting the rights of each parent to raising a shared child or children
  • Stressing a cooperative parenting approach to raising a child

What is the Difference Between Child Custody vs. Allocation of Parental Responsibilities?

Under the updated IMDMA, parents and the courts have a new way to think about a child’s upbringing after a separation or divorce. Previously, custody was awarded in one of two ways: through sole or joint custody. Parents were referred to as custodial or non-custodial, labels that could create undue conflict.

Now, the entire concept of custody has been updated and replaced with a collaborative approach to parental responsibility. Parents are expected to work together in raising their children and are not labelled as custodial or non-custodial. Each parent’s rights are fully identified, protected, and respected in custody proceedings. However, one party will be considered the primary residential parent with the majority of parental responsibility, for purposes of child support, determining school district, etc.

In any such proceeding, the court expects divorcing or separating parents to present a proposed parenting plan, outlining the significant decision-making responsibilities each parent will have. The plan must also include a schedule for each parent’s time with the child, and a means for resolving future disagreements. If an agreement cannot be reached, the court is granted the discretion to allocate parental responsibilities between the parents as deemed to be in the child’s best interest.

Visitation Is Now “Parenting Time” in Illinois

Under the new IMDMA guidelines, one parent will typically be granted a majority of the parenting time (previously called visitation) so as to provide the child with a stable basis for school attendance and as the basis for a child support order. While the previous law presumed a parent’s right to reasonable visitation with his or her child, the amended law recognizes that a parent is much more than a temporary visitor in a child’s life. As such, the wording in the law has been changed, and a parent is now presumed to have the right to reasonable parenting time with the child, regardless of the amount of significant decision-making responsibilities he or she may have been allocated. In the event a court determines that a parent’s time with the child presents a danger to the child, it may impose limitations or restrictions to keep the child safe.

If you have questions regarding the newly-updated Illinois Marriage and Dissolution of Marriage Act, it is important to speak with a qualified Oak Brook custody lawyer. We at the Law Office of David A. King, P.C. are here to provide insight that applies to your unique situation, and the competent counsel you need to reach a positive case result.

To learn more, call our our practiced child custody attorneys at (630) 504-0003. We serve families throughout DuPage County, Cook, Kane and Will.

  • Premier 100 Trial Attorneys in State of Illinois – 2016
  • The Lawyers of Distinction Member – 2016
  • Martindale Client Distinction Award 2012 - 2016
  • Avvo 10.0 Superb Attorney Rating
  • Super Lawyers Selection 2005 - 2006
  • Leading Lawyers Network 2005 - 2017
  • Top 100 Lawyers - 2017
  • Top 100 Family Lawyers 2014 - 2016
  • Nationally Ranked Top 10 Attorney Award 2014 - 2016
  • 10 Best – American Institute of Family Law Attorneys 2014 - 2017

Work With a Top-Rated Attorney

  • Nearly 25 Years of Experience Working Exclusively in Family Law
  • Access To Your Attorney When Needed – Including Having Your Attorney’s Private Cell Phone Number
  • Experienced and Professional Staff Who Treat You With Respect and Courtesy
  • Boutique Law Firm Providing Clients With The Attention And Focus Their Case Deserves

Hear From the Other
Families We've Helped

  • Highly knowledgeable and effective.

    “David gave great counsel and guidance during an extremely difficult time. His advice was always focused on what was best for my family. I am extremely grateful for his services and how ultimately everything worked out.”

    Michael

  • Great team work!

    “David King is a great attorney! David and Laura helped me every step of the way with my case. I am glad I had them on my side.”

    Danilo

  • Immediately upon meeting him I knew that he was the right lawyer for me.

    “David sincerely listened to the background surrounding my case and knew the law extremely well, explaining everything to me in a way that I understood. Thank you for everything you've done for me!”

    Anonymous

  • Very attentive and thorough attorney.

    “I felt very informed every step of the way. David and his office were always available to answer my questions and address my concerns. My case moved along efficiently and I was very pleased with my final agreement.”

    Anonymous

  • He and his team explained everything clearly to me and kept me updated.

    “Dave and his team are responsible and friendly. I interviewed 10 lawyers and chose him in the end. If you search for his information online, you will find that he was voted to be Top 10 lawyer in IL.”

    Liang Cheng