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Illinois Divorce FAQs - Parenting
This information is from Dick Kulerski, the DivorceInfo Network Lawyer for Illinois. Click here to visit his web site.
How does custody get decided as between a parent and a third party?A third party has standing to seek custody only if the child is not in the physical possession of one of the child’s parents. The petition for custody must be filed in the county in which the child is a permanent resident or is found. How does custody get decided as between parents?1.The court determines custody in accordance with the best interest of the child.The court is mandated to consider the following relevant factors in determining best interest: A.The wishes of the child’s parent or parents as to his custody; B.The wishes of the child as to his custodian; C.The interaction and interrelationship with his parent or parents, his siblings and or other person who may significantly affect the child’s best interest; D.The child’s adjustment to his home, school and community; E.The mental and physical health of all individuals involved; F.The physical violence or threat of physical violence by the child’s potential custodian, whether directed against the child or directed against another person; G.The occurrence of ongoing domestic violence, whether directed against the child or directed against another person; H.The willingness and ability to facilitate and encourage a close and continuing relationship with the other parent and the child. What’s the terminology for custody?"Custody." Is there a presumption in favor of not changing custody arrangements?No. What effect does the misconduct of one of the parents have on custody?The court is mandated to not consider conduct of a parent or proposed custodian that does not affect his or her relationship to the child. What effect does the mental health of one of the parents have on custody?Mental health is considered along with the other 8 criteria listed in answer number 2. What effect does the preference of the child have on custody?The child’s preference is only one of the 8 criteria and the court will consider preference if the child is 14 years of age or older. How does visitation get set?By agreement of the parties or by court order.A parent not granted custody is entitled to reasonable visitation rights unless the court finds, after hearing, that visitation would endanger seriously the child’s physical, mental, moral or emotional health. Is there such a thing as "standard visitation"? If so, what is it?1.Standard
visitation is as follows: A.Alternate
weekends from 5-7p.m. on Friday to 5-7p.m. on Sunday; B.Alternating
holidays; C.Father
always gets the child on father’s birthday and Fathers Day; D.Mother
always gets the child on Mothers Day and mother’s birthday; E.2-4
weeks during summer vacation. Is there a standard visitation pattern when the non-custodial parent is in a different state from the child? If so, what is it?There is no standard for out of state visiting parents. What rules govern cases where the custodial parent wants to move away with the children?No answer. What visitation rights do grandparents have, if any?1.Grandparents
may petition the court for visitation if one or more of the following circumstances
exist: A.The
parents are not currently co-habiting on a permanent basis or are co-habiting
on an indefinite basis; B.One
of the parents has been absent from the marital residence for more than one
month without the spouse knowing his or her whereabouts; C.One
of the parents is deceased; D.One
of the parents joins in the petition with the grandparents; Other issues in Illinois: |
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