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Monday, October 4, 2010

Adjudication of Child Custody: Types of Proceedings

As of today, Illinois family law allows the court pass judgment based on the evidence that was presented during the trial process. The family laws that allow adjudication of child custody include Marriage and Dissolution of Marriage Act (IMDMA), Illinois Parentage Act of 1984, Probate Act of 1975, Juvenile Court Act of 1987, and, in absence of any of the above applicable laws, the Adoption Act and Habeas Corpus Act. The following are some of the circumstances that may permit child custody adjudication.

• A lawful separation, which results in dissolution of marriage Under the Illinois Marriage and Dissolution of Marriage Act (IMDMA)

• An independent action with respect to the custody of a child of an unmarried mother who has never been married under the provisions of Illinois Marriage and Dissolution of Marriage Act

• To determine the parent in a paternity proceeding (earlier also known as bastardy proceeding) under the Illinois Parentage Act of 1984

• In a case where one of parent is seeking guardianship of a minor under the Probate Act of 1975Image by umjanedoan via Flickr

• Under the provisions of Juvenile Court Act of 1987, in cases where a child has been judged as delinquent i.e. guilty of a misdeed, a dependant, abused, or neglected. The child is, in such a case, made a ward and placed under the protection or in the custody of the court

• An action pending termination of parental rights or assignment of child custody on temporary basis under provisions of the Adoption Act

Thus, several Illinois Child Custody Laws may provision child custody under different situations.
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