Divorce & Child Issues

When a marriage ends, and children are involved, the emotional stakes are incredibly high. Your primary concern is no longer just about the division of assets or the end of a partnership—it’s about safeguarding the well-being and stability of your children. Navigating the complexities of divorce while ensuring your child’s best interests are protected requires not just legal skill, but profound empathy and strategic foresight. For parents in Elgin, IL, this journey can feel overwhelming, filled with uncertainty about the future of their family.

At The Law Offices of Anthony R. Scifo, we understand that divorce is not just a legal process; it’s a fundamental life transition. We provide dedicated, child-focused legal representation to guide you through every aspect of your divorce and related child issues. Our goal is to minimize conflict and achieve resolutions that protect your parental rights and foster a secure, stable future for your children. If you are facing divorce and have questions about child issues in Elgin, IL, call us for a compassionate and confidential consultation at 847-628-8311.

Protecting Your Children Through the Divorce Process

In any divorce involving children, Illinois law mandates that all decisions must be based on the “best interests of the child.” This legal standard guides every ruling a judge makes regarding your children. Our firm’s philosophy is to proactively build a legal strategy around this principle, focusing on solutions that promote stability, security, and positive co-parenting relationships. We believe that a child-centered approach not only satisfies the court’s requirements but also leads to more durable and healthier outcomes for the entire family.

We work closely with you to address sensitive matters with the care they deserve, helping you make informed decisions that will shape your post-divorce family life. Our objective is to shield your children from any unnecessary conflict and to establish a clear and predictable structure for their future.

Key Child-Related Issues in an Illinois Divorce

A significant portion of your divorce proceedings will revolve around establishing clear, legally enforceable arrangements for your children. Our experienced team provides expert legal counsel on all critical child-related matters for clients in Elgin.

Allocation of Parental Responsibilities (Formerly “Custody”)

Illinois law no longer uses the terms “sole custody” or “joint custody.” Instead, courts allocate parental responsibilities in two main areas:

• Significant Decision-Making: This involves determining who has the authority to make major decisions regarding your child’s education, healthcare, religion, and extracurricular activities. This responsibility can be shared jointly or allocated to one parent.
• Parenting Time: This refers to the schedule that outlines when the child will be in each parent’s care. We advocate for parenting time arrangements that are fair, practical, and provide your child with consistent, quality time with both parents.

Crafting Stable and Detailed Parenting Plans

A comprehensive parenting plan is the cornerstone of a successful co-parenting relationship. This legally required document is a detailed roadmap for how you will raise your children after the divorce. We help you negotiate and draft a thorough plan that addresses not only the parenting time schedule but also communication protocols, holiday schedules, transportation, and how future disagreements will be resolved, potentially through mediation.

Calculating Fair and Accurate Child Support

Child support is a legal obligation for both parents and is calculated based on a statutory formula in Illinois known as the “Income Shares” model. This model considers the combined net income of both parents to determine the basic support obligation. We ensure that income is reported accurately and that all relevant factors, such as health insurance costs, childcare expenses, and parenting time, are correctly applied to ensure the final child support order is fair and compliant with state law.

Why Elgin, IL Parents Trust The Law Offices of Anthony R. Scifo

When your children’s future is on the line, the attorney you choose matters immensely. Parents across Kane County trust The Law Offices of Anthony R. Scifo because of our unique qualifications and unwavering commitment to our clients’ families.

Advocacy from a Court-Approved Guardian ad Litem

Anthony R. Scifo serves as a court-approved Guardian ad Litem (GAL) in the Kane County family courts. In this role, he is appointed by judges to act as the “eyes and ears of the court,” investigating complex family situations and making recommendations that are in a child’s best interests. This distinguished position provides him with invaluable insight into how judges view child-related issues, giving our clients a distinct strategic advantage in their cases.

A Strategy Focused on Long-Term Stability

We don’t just focus on winning the next hearing; we focus on building a sustainable future for your family. By emphasizing detailed parenting plans and fostering amicable resolutions whenever possible, we help you lay the groundwork for a stable and predictable co-parenting dynamic. Our deep understanding of our firm’s client-first philosophy means we are dedicated to solutions that last.

Frequently Asked Questions About Divorce and Children

How will our property be divided in the divorce?

Illinois is an “equitable distribution” state, meaning marital property is divided fairly, but not necessarily in a 50/50 split. A judge will consider many factors, including each spouse’s financial situation, their contributions to the marriage (including as a homemaker), and the needs of the children when dividing assets and debts.

Can a child decide which parent they want to live with in Illinois?

A child’s preference is one of many factors a judge will consider, and more weight is given to the wishes of a mature older child. However, the child’s preference is never the only factor. The court’s final decision will always be based on the overall best interests of the child.

What if my ex-spouse isn’t following the parenting plan?

A parenting plan, once entered by the court, is a legally binding order. If the other parent is violating the terms, you have legal recourse. It’s important to document all violations and consult with an attorney to discuss filing a motion to enforce the order with the court. For state-provided resources, you can review information on the Illinois Courts’ official forms page.