Something about parenthood changes you. Once upon a time, your life was about you: your wants, needs, and dreams. Now, your life revolves around your children. It’s not for lack of a choice. You can choose to put yourself first, but you don’t want to. You WANT to be with your kids. They are the part of you that you always put first. When you get divorced, you face the almost unbearable situation of not getting to see your children all the time. What could you do about it? Here are 10 things to know about Illinois child custody law:
Something about parenthood changes you. Once upon a time, your life was about you: your wants, needs, and dreams. Now, your life revolves around your children. It’s not for lack of a choice. You can choose to put yourself first, but you don’t want to. You WANT to be with your kids. They are the part of you that you always put first. When you get divorced, you face the almost unbearable situation of not getting to see your children all the time. What could you do about it? Here are 10 things to know about Illinois child custody law:
1. What factors are considered in awarding custody under Illinois child custody law?
1. What factors are considered in awarding custody under Illinois child custody law?
There is no single factor that magically grants custody to a parent. The court looks at a number of factors. Among these are the parents and child’s wishes and the relationship of the child with his/her parents and siblings. It is important to consider the child’s adjustment to their home, school, and community, as well as the mental and physical health of all involved. Of great importance is whether the potential custodial parent is violent and their willingness to encourage the child’s relationship with the other parent.
There is no single factor that magically grants custody to a parent. The court looks at a number of factors. Among these are the parents and child’s wishes and the relationship of the child with his/her parents and siblings. It is important to consider the child’s adjustment to their home, school, and community, as well as the mental and physical health of all involved. Of great importance is whether the potential custodial parent is violent and their willingness to encourage the child’s relationship with the other parent.
2. Each custody case is unique.
2. Each custody case is unique.
As you can imagine, no two child custody cases are the same. The court decides how much weight to give each factor and judges accordingly. However, Illinois child custody law expressly states that a court should NOT consider a parent’s conduct unless it affects that parent’s relationship with the child.
As you can imagine, no two child custody cases are the same. The court decides how much weight to give each factor and judges accordingly. However, Illinois child custody law expressly states that a court should NOT consider a parent’s conduct unless it affects that parent’s relationship with the child.
3. Types of child custody arrangements.
3. Types of child custody arrangements.
Under Illinois child custody law, there are two types of custody arrangements: joint and sole custody. Joint custody means both parents have equal decision-making power when it comes to their child, regardless of where the child physically resides. Sole custody means one parent has full decision-making power.
Under Illinois child custody law, there are two types of custody arrangements: joint and sole custody. Joint custody means both parents have equal decision-making power when it comes to their child, regardless of where the child physically resides. Sole custody means one parent has full decision-making power.
4. For fathers: Does mother have to be unfit before you can get custody?
4. For fathers: Does mother have to be unfit before you can get custody?
In the past, that may have been the case, but not anymore. Both parents have equal rights to custody of their children. A mother’s fitness is one factor to consider in determining what is in the child’s best interest.
In the past, that may have been the case, but not anymore. Both parents have equal rights to custody of their children. A mother’s fitness is one factor to consider in determining what is in the child’s best interest.
5. Rights of the custodial parent.
5. Rights of the custodial parent.
The custodial parent has the right to make important decisions concerning the child’s upbringing. This includes the schools the child attends, decisions about medical treatment, and religious practices. Limitations may be set based on the best interests of the child. Sometimes the best interests of the child warrant a change in custody.
The custodial parent has the right to make important decisions concerning the child’s upbringing. This includes the schools the child attends, decisions about medical treatment, and religious practices. Limitations may be set based on the best interests of the child. Sometimes the best interests of the child warrant a change in custody.
6. Can the custodial parent move out of state?
6. Can the custodial parent move out of state?
If the custodial parent wants to move out of state with the child, Illinois child custody law requires they get a court order. The custodial parent would have the burden of proving the move is in the best interests of the child.
There are a few factors to be considered. For one, would the move create a better life for the child and parent? Second, is either parent trying to punish the other with the move or lack thereof? Also, how would this affect the visitation rights of the non-custodial parent? Finally, can a reasonable visitation schedule be achieved? The court has to weigh these factors in making its decision.
If the custodial parent wants to move out of state with the child, Illinois child custody law requires they get a court order. The custodial parent would have the burden of proving the move is in the best interests of the child.
There are a few factors to be considered. For one, would the move create a better life for the child and parent? Second, is either parent trying to punish the other with the move or lack thereof? Also, how would this affect the visitation rights of the non-custodial parent? Finally, can a reasonable visitation schedule be achieved? The court has to weigh these factors in making its decision.
7. What if the custodial parent wants to go on vacation with the child?
7. What if the custodial parent wants to go on vacation with the child?
If the custodial parent wants to take the child out of Illinois temporarily (a vacation, for instance), they must inform the non-custodial parent. They must give an address and phone number where the child may be reached, and give a date the child is to return to Illinois.
If the custodial parent wants to take the child out of Illinois temporarily (a vacation, for instance), they must inform the non-custodial parent. They must give an address and phone number where the child may be reached, and give a date the child is to return to Illinois.
8. Under what circumstances may custody be modified?
8. Under what circumstances may custody be modified?
Custody may be modified in three situations.
The first is when both parents agree. It’s good to be civil.
The second is when the child’s present environment may seriously endanger their mental or physical health.
The third situation is when at least two years have passed since the date of the custody order, a change has occurred in the circumstances of the child or parent(s), and a modification to the child custody order is necessary to serve the best interests of the child. A “change of circumstances” must be based on facts that did not exist or were unknown when the original order was entered.
Custody may be modified in three situations.
The first is when both parents agree. It’s good to be civil.
The second is when the child’s present environment may seriously endanger their mental or physical health.
The third situation is when at least two years have passed since the date of the custody order, a change has occurred in the circumstances of the child or parent(s), and a modification to the child custody order is necessary to serve the best interests of the child. A “change of circumstances” must be based on facts that did not exist or were unknown when the original order was entered.
9. Does custodial parent misconduct lead to custody modification?
9. Does custodial parent misconduct lead to custody modification?
It depends on whether the parent’s actions affect the child. “Moral indiscretions,” alone, are not grounds for a change in custody if they do not affect the child’s life. However, if the parent’s conduct is affecting the child’s mental or emotional health, it may be time to pull the plug.
It depends on whether the parent’s actions affect the child. “Moral indiscretions,” alone, are not grounds for a change in custody if they do not affect the child’s life. However, if the parent’s conduct is affecting the child’s mental or emotional health, it may be time to pull the plug.
10. What if the child wants to live with the non-custodial parent?
10. What if the child wants to live with the non-custodial parent?
The child’s preference, alone, is not enough for a modification of the custody order, unless the child’s well-being is at risk under the present arrangement. As always, the best interests of the child are the number one concern.
The child’s preference, alone, is not enough for a modification of the custody order, unless the child’s well-being is at risk under the present arrangement. As always, the best interests of the child are the number one concern.