Why does an individual need to hire an attorney in a child custody legal situation? If two parents were capable of getting along, they wouldn’t be going through a custody dispute in court. Child custody lawyers in St. Charles, IL can help an individual negotiate and coordinate an order of the court that protects the child’s best interest and still continues frequent and continuing contact with each parent. In situations when a parent is incarcerated, has a substance abuse problem, or lives in another state, child custody can become more involved and require a thorough knowledge of the law.
Jurisdiction In A Child Custody Case
A court has jurisdiction over a child custody proceeding if the child has lived in Illinois for at least the last six months or since birth if they’re not six months old yet. Another state cannot be the child’s home state, and the child’s home state is willing to release their jurisdiction to another state. The UCCJEA, which is short for the Uniform Child Custody Jurisdiction and Enforcement Act is a federal law that rules on which court has jurisdiction and must be followed for a custody order to be valid.
How Does The Court Award Custody?
The court doesn’t care which parent has more money or a better job. The court is only concerned over the child’s best interest and includes factors such as:
- The wishes of the child’s parents or the child.
- The mental and physical health of the parents and the child.
- If a parent is a sex offender.
- If domestic violence was involved in the relationship and directed at the child.
- The interaction and relationship a parent and child have.
- The ability and willingness of each parent to encourage a close relationship with the child and the other parent.
Child custody lawyers in St. Charles, IL can portray a parent in the best light possible to the court. A lawyer will attempt to negotiate a child custody agreement with the other attorney instead of taking the case to court. This is a less stressful alternative that having to attend a full hearing in front of a judge. The Cosentino Law Firm LLC has the experience you need in a child custody or any other type of family court case.