Thursday, July 1, 2010

Illinois Child Custody

In Illinois child custody cases, it is crucial for all parents to understand and read each statute, even if they have representation! If you are working through creating a child custody and visitation agreement the statues under Family Law detail the information and all schedules of approval needed. The schedule isn’t something you fill out and dismiss. Every document needs to be approved by the court. Careful thought, planning and consideration is a must.

Every statute that exists under custody of a child, states that the custody will be resolved in the interest of the child, not the parent. To give further clarification, the statutes provide a list of the items the court considers. Factors generally include: the wishes of the parents and child, interaction of the child and parent, interrelationship of the child with the parents, siblings, potential adjustment to school and being away from other family. In addition, the parent needs to have an open willingness to the other parent to encourage the child’s relationship with him/her.

For cases where joint custody is requested, the Illinois courts holds the power to order a joint agreement if it stands in the best interest of the child. Joint custody does not mean that the child gets equal time with each parent. It only means that both parents get an equal say and shared responsibilities in certain factors of their childs or childrens life; in other words, overall parental responsibility.

To start this process, a schedule has to be completed from both parental sides and presented to the court. The judge then deems what the final resolution will be with regard to the wishes of the parents, the best interest of the child and the Illinois child custody laws.

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