214 1/2 S. Washington Street, Naperville, IL 60540

Custody & Visitation
Roscich & Martel Law Firm, LLC

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Naperville Child Custody & Visitation Lawyers

Child Custody & Visitation Agreement Attorney

Child Custody & Visitation Agreement Attorneys in Naperville

The dissolution of a marriage is a life-changing event for both husband and wife. However, a divorce has more potential to negatively impact the lives of the children than anyone else.

At Roscich & Martel Law Firm, LLC, we believe that although you may not be a couple anymore, you will both always be the parents of your children. We favor mutual agreement on matters of child custody and visitation, and frankly, we’re not very tolerant of individuals who want to use a child as a weapon against their spouse, fighting for custody and limiting visitation.

Parents have an obligation to spend quality time with their children, and the children will be better-adjusted when they have that time with their parents. We think the children have the right to have a relationship and to be involved with both parents.

Access to both parents is important

You should not try to deny your child the right to spend time with the other parent, unless there is a serious issue that would justify it: substance abuse, incompetence, mental illness, pedophilia or something else that would threaten the child's well-being.

What matters in custody is whether our client has been the nurturing parent: the one who taught the child to read and write, took them to the hospital and school, changed their diapers and knows their friends by name. If our client is in this category, we fight for their right to custody.

Again, Carolyn Roscich is a court-approved mediator and offers a more affordable, less stressful way to come to a cooperative agreement instead of “win” custody or visitation.

Rules of custody and visitation

There are some legal guidelines on custody and visitation we always want our clients to be aware of. Under Illinois law, violations could result in fines or imprisonment. Here are the short versions:

  • Refrain from discussing the other parent with or in the presence of the children except in a complimentary way. Refrain from trying to buy the child’s love through gifts or special favors.
  • Don’t discuss finance as it relates to the other spouse in the presence of the children.
  • Make all child support payments IN FULL and ON TIME.
  • Don’t interfere with visitation even if support payments are not current. The custodial parent may be charged with contempt of court and this violation could warrant a change in custody.
  • Pickup and drop-off of children from visitations should be on time unless special arrangements have been made. Personal items like clothing, favorite toys, medications, and information for emergencies should be sent with the children.
  • Don’t consume alcohol or controlled substances other than professionally-prescribed medications during visitation and 24 hours prior to visitation.
  • Don’t expose the children to immoral behavior or even the appearance of impropriety, including overnight visits by unrelated members of the opposite sex. Custodial parents are subject to the same constraints.
  • Make visitation time meaningful. Television viewing shared or not, doesn’t improve the child/parent relationship. Time spent talking, reading, attending community events, cultural activities or sporting events contribute immensely to the bond sought by your children.
  • Notify each other promptly of any delays or changes in plans that will affect the other parent or their plans. Repeated late arrivals or failure of the custodial parent to be available to receive the children back on time could result in court action to change visitation arrangements.
  • Refrain from questioning your children about your former spouse’s activities.
  • Cooperate with the other parent in an adult, non-aggressive, reasonable and courteous way. Avoid last minute schedule changes.
  • Do not argue with a former spouse, particularly in the presence of the children. Pickup and return of the children should be a pleasant experience.
  • DO NOT take the children out of state while failing to advise your spouse of their location. Violation of this rule could result in prosecution for a Felony and a sentence to the State Penitentiary.


We can provide even more guidance and insights for your custody and visitation issues, or expand on those listed above. Contact us today for an initial consultation. Call today to schedule your initial consultation.

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