The courts do not favor either parent based on their gender. Rather, the courts decide legal and physical custody of the child based on what is best for the child. For example, if it is in the best interests of the child for the parent to have sole custody, then he will. Unlike some states, Illinois custody laws do not presuppose that joint custody is automatically in the best interests of the child.
Judges will try to give both parents maximum participation in the child's life. Parenting time is literally just a schedule of each parent's time with their children. This program is agreed to and approved by the family court judge. If parents cannot agree on the program, the family court judge will assign them a schedule based on the “best interests of the child.” For example, if a child appears to be well-adjusted and the custody situation is working, the court will be more inclined to leave the current custody situation in place.
If a child's testimony is necessary, the child can testify in the courtroom, rather than in a public hearing. The child's preference for a change of custody will not, in and of itself, constitute sufficient cause for the modification. Child custody mediation is a mandatory program in all Illinois court cases where child custody is an issue. When parents receive joint custody, they sign a Joint Parenting Agreement, which specifies the child's residence and the rights and responsibilities of each parent with respect to the child.
These necessarily cumbersome steps are why absent parents sadly but inevitably lead to permanent sole custody of a child. The parent who wants to move with the child out of state has the burden of proving that the move serves the child's best interests. When making a decision about custody and temporary visitation, the court should consider the same factors as it would when considering custody and permanent visitation, and make the award based on what is best for the child. When a parent is not fit to be responsible for decisions affecting the child or the parents cannot effectively cooperate to participate in joint custody, the court will grant sole custody to one of the parents.
An ex parte order regarding child custody can be entered if one party proves to the court that an emergency warrants the entry of an order without notice to the other party, usually only for a short period until a full hearing can be held with the other party present. There are many factors that come into play in custody determinations, and an experienced family lawyer can help make child custody proceedings as smooth and fair as possible. Illinois has recently undergone a review of its child custody and divorce laws, the Illinois Marriage and Dissolution of Marriage Act. If parents are unable to reach an agreement regarding custody and visitation before trial, the court may appoint a custody evaluator or guardian ad litem to help the court determine what is best for the children and a judgment will be held on the issues, with the judge's decision which arrangement is best.
for children. In addition, international custody disputes may be governed by the Federal Child Abduction International Remedies Act and the Hague Convention on the Civil Aspects of International Child Abduction. If you are not sure if your child custody case should be heard in Illinois or another state, you should consult with an experienced lawyer.