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Child Custody Archives

Procedures for relocation by a custodial parent

As Illinois residents may know, relocation for a better paying job, family assistance with children or education is common in today's mobile society. A custodial parent may face obstacles, particularly if the child custody arrangement does not make provision for this alteration. It is important to know what is expected to make the transition easier.

Deciding the best interests of the child

An Illinois parent faced with a custody situation or the possible termination of parental rights may wonder about the considerations that factor into the decisions regarding a child's best interests. There is not an exact standard used in making custody decisions, and factors unique to a specific case may play an important role in a judge's decisions.

The best interest of a child in a custody dispute

When parents are going through a divorce in Illinois, disagreements over child custody issues can result in a trial in which the court decides what arrangement is in the child's best interest. Under state law, the court always assumes that the maximum involvement of each parent is in the best interest of the child. This assumption will not apply, however, if there is evidence of ongoing domestic violence or abuse by either of the parents.

Can grandparents petition for visitation in Illinois?

Often, during a divorce or other type of custody dispute, grandparents can see their time with their grandchildren diminished. It's also common for grandparents to fight for visitation when one or both parents are either unwilling or unable to care for the grandchildren. Grandparents sometimes assume that they have no legal recourse, but that's not necessarily the case. Grandparents can file a petition for visitation rights. However, the situation in question must meet certain criteria for the court to consider the petition.

How is visitation granted?

When Illinois couples divorce and cannot come to an agreement regarding pivotal issues such child custody and visitation, state law empowers the court to make determinations with respect to those issues. While making these determinations, the court is to prioritize the best interests of the child. For instance, if the court deems that spending time with one particular parent may imperil the child's wellbeing, then visitation rights may be denied to that parent.

How can a child custody action be initiated in Illinois?

There are various circumstances that can affect the need to determine custody issues for a child in Illinois. While divorce is the most common situation, there are other events that may prompt a need for someone other than a parent to file for custody. The courts in Illinois are concerned with the best interests of a child being represented, and in some cases, a representative may be appointed on behalf of a child to ensure that best interests are not ignored.

Illinois children found safe after issuing Amber Alert

Two children who were reportedly taken from their mother during the morning of Aug. 14 were returned safely to Illinois Department of Children and Family Services Custody. The children were taken by the father while they waited in a car outside of the Lake County public defender's office. According to the child's mother, he wanted her to go there to recant two previous domestic violence allegations against him.

How does a judge determine child custody in Illinois?

Many parents in Illinois who are going through a divorce find that one of the more emotional aspects of the process is how to deal with custody and living arrangements of their children going forward. As is the case around the country, courts in Illinois are required to determine child custody in accordance with the best interests of the children. The Illinois General Assembly has enacted legislation that sets forth a variety of elements that go into this decision. The following brief summary is not intended to constitute legal advice, and every family's situation is different.

Illinois child custody determinations

Illinois parents may be curious as to how a judge decides child custody when divorcing parents are unable to agree. Custody may be sole or joint. Despite the name, joint child custody does not necessitate that the parents share parenting time equally. It simply means that both parents participate in parenting. Legal custody also includes the right to make important decisions regarding the child, such as where the child will go to school or the child's religious upbringing.

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