Aurora Child Custody Lawyer

Navigating Child Custody Disputes

Child custody disputes often present significant challenges for parents. At Baker Law Group, we comprehend the emotional and legal intricacies involved in these matters. Our committed child custody lawyers are ready to assist you throughout the process, ensuring your rights and the best interests of your child are protected.

Understanding Child Custody in Aurora

In Aurora, child custody is legally termed “parental responsibilities.” This term includes both “parenting time” (physical custody) and “decision-making responsibility” (legal custody). Parenting time denotes the actual time a child spends with each parent, while decision-making responsibility involves the authority to make essential decisions regarding the child’s life, such as education, healthcare, and religious upbringing.

Types of Parental Responsibilities

1. Joint Parental Responsibilities: Aurora courts typically prefer arrangements where both parents share joint parental responsibilities unless it is not in the child’s best interests. This generally means both parents will have considerable parenting time and will share decision-making responsibilities.
2. Sole Parental Responsibilities: When one parent is awarded sole parental responsibilities, they will have primary decision-making authority and the majority of parenting time. This setup is less common and usually occurs when the other parent is deemed unfit or joint responsibilities would not benefit the child.

Factors Considered by Aurora Courts

When determining parental responsibilities, Aurora courts focus on the child’s best interests. The court evaluates several factors, including:

• The wishes of the parents: Each parent’s preferences regarding custody arrangements.
• The wishes of the child: Depending on the child’s age and maturity, their preferences might be considered.
• The child’s adjustment: How well the child adapts to their home, school, and community.
• The mental and physical health of all parties: Any physical or mental health issues of the parents or child.
• The ability of each parent to encourage a positive relationship with the other parent: Each parent’s willingness to support the child’s relationship with the other parent.
• History of domestic violence or abuse: Any history of domestic violence or child abuse significantly influences the court’s decision.

Modifying Child Custody Orders

In Aurora, child custody orders can be modified if significant changes in circumstances occur. To request a modification, the parent seeking the change must show that the modification serves the child’s best interests. Common reasons for modification include:

• Relocation: If one parent plans to move a considerable distance, affecting the current custody arrangement.
• Changes in the child’s needs: As children grow, their needs and circumstances may change, justifying a modification of the custody order.
• Parental non-compliance: If a parent frequently fails to comply with the existing custody order, a modification may be required.

The Process of Establishing Child Custody in Aurora

Establishing child custody in Aurora involves several steps, beginning with filing a petition and potentially concluding with a court order. Here’s an overview:

1. Filing a Petition. The first step is to file a petition for parental responsibilities in the appropriate Aurora court. This petition can be part of a divorce proceeding or a separate action if the parents are unmarried.
2. Mediation. In Aurora, parents often must participate in mediation to resolve custody disputes before going to trial. Mediation involves a neutral third party assisting the parents in negotiating a mutually acceptable custody arrangement. If successful, the agreement can be submitted to the court for approval.
3. Court Hearings. If mediation fails, the case proceeds to court. During hearings, each parent presents evidence and arguments supporting their desired custody arrangement. The court considers all relevant factors and issues a custody order based on the child’s best interests.
4. Parenting Plans. Aurora encourages parents to create a parenting plan outlining how parental responsibilities will be divided. A well-crafted plan helps prevent future disputes and provides a clear co-parenting framework. A typical plan includes:
   • Parenting time schedule: Specific times and dates for when the child will be with each parent.
   • Decision-making responsibilities: How major decisions about the child’s welfare will be made.
   • Dispute resolution: Methods for resolving disputes that may arise.
   • Transportation and exchanges: Logistics for transferring the child between parents.

Enforcing Child Custody Orders

Once a child custody order is in place, it is legally binding, and both parents must comply. If one parent fails to adhere to the order, the other parent can seek enforcement through the court. Enforcement actions may include:

• Contempt of court: The non-compliant parent can be held in contempt of court, potentially resulting in fines or other penalties.
• Modification of custody: Ongoing non-compliance may lead to a custody order modification, possibly awarding more parenting time to the compliant parent.
• Supervised visitation: In severe cases, the court may order supervised visitation to ensure the child’s safety and well-being.

Common Challenges in Child Custody Cases

Child custody cases can present numerous challenges, and it’s crucial to be prepared for potential obstacles. Some common challenges include:

1. High-Conflict Cases. High-conflict cases often involve parents who struggle to communicate and cooperate, making it difficult to reach an agreement. These cases may require more court intervention and custody evaluations by mental health professionals.
2. Relocation. When one parent wishes to relocate, it can complicate custody arrangements. The relocating parent must provide notice and obtain court approval, demonstrating that the move is in the child’s best interests.
3. Parental Alienation. Parental alienation occurs when one parent attempts to undermine the child’s relationship with the other parent. This behavior can negatively impact the child’s well-being and may be considered by the court in custody decisions.
4. Substance Abuse. If a parent has a history of substance abuse, it can affect their ability to obtain custody. The court will consider the parent’s current sobriety and any treatment they have undergone.

Call Our Aurora Child Custody Attorney

Navigating child custody matters can be overwhelming, but you don’t have to face it alone. At Baker Law Group, our experienced child custody attorneys are committed to protecting your rights and advocating for your child’s best interests. We understand the emotional toll custody disputes can take and are here to provide compassionate, knowledgeable support throughout the process.