The Law Offices of Brian M. Radke
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Office Locations

Des Plaines

1585 Ellinwood Street, Suite #105
Des Plaines, IL 60016

Libertyville (by appointment)

1641 N. Milwaukee Ave. Suite 12
Libertyville, IL 60048

Chicago (by appointment)

221 N. LaSalle Street, Suite 3315
Chicago, IL 60601

Morton Grove (by appointment)

9225 N. Waukegan Road
Morton Grove, IL 60053


For most parents, the issue of Child Custody is the most important consideration in their lives. Child Custody is often the most contested issue in Divorce proceedings and often times unmarried parents are forced to litigate Child Custody in Domestic Relations Court.

In Illinois, like most other states, the goal is to achieve a custody determination that is in the best interests of the children. The Court takes many factors into consideration when making a Custody determination. Often times, both parents feel that the child’s best interests will be served if they are awarded Custody. However, many parents overlook the fact that Divorce and Custody proceeding often result is children suffering the most.

At the Law Offices of Brian M. Radke in Chicago, I believe that a rational analysis of the situation and aggressive negotiation can result in a Custody arrangement that is satisfactory to both parents and the children. However, if an agreement cannot be reached, I am prepared to litigate Child Custody issues and fight hard achieve a favorable outcome for you.

In Illinois, there are two main types of Custody – Legal Custody and Physical Custody.

Legal Custody

Legal Custody concerns major decision making power when it comes to the education, health care, religion and other major decisions involving minor children. If parents can agree of Joint Legal Custody, both parents share in all major decisions and neither parent has the final say. If both parents cannot come an agreement, they often participate in Mediation to settle the dispute. However, if one parent has Sole Legal Custody, then he or she has the final say and is not required to consult with the other parent when making major decisions. Because these decisions can have a major impact on the quality of life for your child, it is essential to retain a competent and caring Family Law Attorney to represent you.

Physical Custody

Physical Custody concerns where the child will reside. Although Physical Custody can be shared, it is customary that Physical Custody be awarded to one parent, subject to the other parent’s Visitation. It is very common for parent’s to share Joint Legal Custody with one parent awarded Sole Physical Custody. Whether you or your spouse is awarded Physical Custody, your best interests are served by retaining a Family Law Attorney to negotiate and/or litigate Physical Custody and Visitation issues.


If parents are unable to agree on Custody issues, then the Court will order the parties to attend Mediation. If Mediation is unsuccessful, the Court will often appoint a Guardian Ad Litem or a Child’s Representative to represent the best interests of the child. This person is a third attorney who does not represent the Mother or Father, but investigates and interviews all parties involved and makes recommendations to the Court.