Moms are moms and dads are dads. In reality, there is no official legal label for the primary parent in an Illinois divorce or custody matter. 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.
Joint custody can be granted when parents can effectively cooperate in matters that directly affect the child. Joint custody means that parents are involved in making important decisions regarding children, such as education, health care, and religious training. Illinois does not presume that the mother should have primary parental responsibility (custody). There is not even a presumption that one of the parents should receive primary residential care.
Gender-neutral Illinois child custody law. Cases involving the issue of parental responsibility (important decisions affecting children) or the allocation of parenting time are decided based on the best interests of the child in divorce and paternity cases. Illinois child custody laws generally stipulate that the best interests of the child govern the court's determination of parental and visitation decision-making authority. It is defined as “tasks that involve interaction with a child or that direct, organize and supervise the interaction and care of a child provided by others, or to obtain the resources that enable the provision of these functions.
Illinois child custody laws allow parents and guardians the option of joint custody and recognize grandparents' visitation rights, among other things. If parents are unable to reach an agreement regarding custody and visitation prior to 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 trial will be held on the issues, in which the judge will decide what the agreement is in the interest of children's superior. Learn more about Illinois child custody laws in the table below, along with links to related articles and resources. If a child's testimony is necessary, the child can testify in the courtroom, rather than in a public hearing.
In a single physical custody agreement, the child lives with one parent full time, even if the non-custodial parent has visitation rights or participates in the legal custody agreement. To avoid conflicting custody opinions from courts in different states, a law called the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) sets the rules over which court has jurisdiction. This is a useful advantage, but “there is no presumption that states also have judges with the greatest authority to modify proposed custody arrangements if they truly believe that an alternative direction is in the best interest of the child. For example, a joint legal custody agreement allows both parents to make important life decisions on behalf of the child.
The child's preference for a change of custody will not, in and of itself, constitute sufficient cause for the modification. West Virginia is the only state that uses the primary caregiver presumption as the sole factor in child custody determinations. 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.
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