If you’re facing a custody battle in Illinois, having a trusted family law attorney can make a significant difference. Contact us today.
When parents separate or divorce in Illinois, one of the most critical issues they face is child custody. Understanding how courts determine custody arrangements can help parents navigate the legal system and advocate for their child’s best interests. This guide explains Illinois child custody laws, the decision-making process, and what factors influence court rulings.
Understanding Child Custody in Illinois
Illinois law no longer uses the term “child custody.” Instead, it refers to parental responsibilities and parenting time, which align with modern parenting arrangements.
- Parental Responsibilities: Refers to decision-making authority regarding significant aspects of a child’s life, including education, healthcare, religion, and extracurricular activities.
- Parenting Time: Replaces the concept of “visitation” and refers to the schedule for when each parent has physical time with the child.
Legal Basis: These rules are governed by the Illinois Marriage and Dissolution of Marriage Act (IMDMA) (750 ILCS 5/600-5/610).
How Illinois Courts Determine Custody
The primary guiding principle in Illinois child custody cases is the child’s best interests (750 ILCS 5/602.7). Courts evaluate multiple factors to determine an arrangement that prioritizes the child’s well-being. These include:
1. The Child’s Wishes
- If the child is mature enough, their preferences may be considered.
- There is no specific age at which a child’s opinion becomes decisive, but courts generally give more weight to older children’s input.
2. The Parents’ Ability to Cooperate
- Illinois courts prefer parents who can communicate and co-parent effectively.
- A history of high conflict or unwillingness to cooperate may result in sole decision-making for one parent.
3. The Child’s Adjustment to Home, School, and Community
- The court considers how a change in custody might impact the child’s stability.
- A parent who provides continuity in schooling and daily life may have an advantage.
4. The Physical and Mental Health of Everyone Involved
- Courts assess the mental and physical health of both parents and the child.
- A parent with a severe physical or mental health issue that impacts their ability to care for the child may receive limited parenting time.
5. History of Domestic Violence or Abuse
- If there is any history of domestic violence, child abuse, or neglect, the court may restrict or deny parental responsibilities to the abusive parent.
6. Each Parent’s Willingness to Foster a Relationship with the Other Parent
- A parent encouraging the child’s relationship with the other parent is viewed favorably.
- If a parent tries to alienate the child from the other, the court may intervene.
7. Any Prior Agreements Between Parents
- If parents have a written agreement or informal arrangement, the court will review it.
- However, the judge can modify the agreement if it is not in the child’s best interest.
Types of Custody Arrangements in Illinois
Illinois courts can award different types of parenting arrangements:
1. Joint Decision-Making Responsibilities
- Both parents share decision-making authority.
- Requires effective co-parenting and communication.
2. Sole Decision-Making Responsibilities
- One parent has exclusive decision-making authority.
- Usually, it occurs if one parent is deemed unfit or unwilling to cooperate.
3. Equal Parenting Time
- Courts strive to allow both parents significant time with the child.
- A 50/50 schedule is possible but depends on logistics and cooperation.
4. Primary Residential Parent with Visitation
- One parent is granted primary custody, and the other has scheduled parenting time.
5. Supervised or Restricted Parenting Time
- It is used when one parent poses a potential risk to the child.
- It can involve supervised visits at a designated facility.
Can Custody Decisions Be Modified?
Yes, Illinois courts allow modifications to parenting arrangements if circumstances change significantly. A parent must prove the change is in the child’s best interest.
Common Reasons for Custody Modifications:
- A parent moves a significant distance away.
- A parent’s ability to care for the child changes due to illness, job loss, or addiction.
- Evidence of neglect, abuse, or an unsafe home environment.
Under Illinois law (750 ILCS 5/610.5), custody modifications cannot be requested within two years of the initial order unless there is proof of immediate harm to the child.
How to Improve Your Custody Case
If you are involved in a custody dispute, here are some key steps to strengthen your case:
- Document Everything: Keep records of your interactions with the child, co-parenting efforts, and any concerns about the other parent.
- Show Stability: Courts favor parents who provide a consistent and stable environment.
- Avoid Conflict: Engaging in legal disputes or hostility toward the other parent can hurt your case.
- Hire an Experienced Family Law Attorney: A skilled Illinois family lawyer can help you navigate legal complexities and advocate for your parental rights.
Need Help with a Custody Case in Illinois?
If you’re facing a custody battle in Illinois, having a trusted family law attorney can make a significant difference. At Schierer & Ritchie, LLC, we provide expert legal counsel to protect your parental rights and advocate for your child’s best interests.