What are the child custody laws in Illinois?
Under Illinois law, married parents have joint residential and legal custody of a child born of the marriage while they are married. With unmarried parents, the mother has sole legal and residential custody of the child until a finding of paternity is made and the father petitions the court for some form of custody.
When can a child choose which parent to live with in Illinois?
Some people think there is a certain age at which a child can choose which parent with whom he or she wants to live, but that is a misconception. In Illinois, 14 years old is generally age at which a child’s opinion starts to be considered more by the court regarding under whose roof he or she will live.
What is the best interest of the child in Illinois?
The Illinois statute declares best interests of the child as the standard for allocating both parenting time and parenting responsibilities. The court then provides explicit standards for what the courts shall consider when deciding the children’s best interests.
What rights do a father have in Illinois?
Unmarried fathers must establish paternity, either at birth or after the child is born, in order to have rights when it comes to accessing their children. Once paternity is established, then an unmarried father has the right to seek a court order for custody or visitation, if they need to.
What is considered an unfit parent in Illinois?
A parent is unfit if they are unable to be responsible for a child. If a parent is deemed unfit, that directly impacts decisions of child custody and placement. A parent is deemed unfit if there is proof of things like abuse or neglect.
Can a child decide not to see a parent?
However, if your child refuses, the non-resident parent could apply to the Court and the resident parent could be held in contempt of Court. If your child regularly refuses contact with the other parent, you can apply to the Court for variation of the order or to have it discharged.
Is it hard to get full custody in Illinois?
It can be difficult to obtain full custody in Illinois because the court assumes that it is in the child’s best interest to spend time with both parents unless proven otherwise. If you lack a strong argument and convincing evidence beyond a desire to see the other parent punished, expect the court to deny your request.
What happens if my child refuses to see his father?
If your child is refusing contact with your co-parent due to a reason that directly concerns their safety, bring this to the attention of your lawyer or other legal professionals immediately. If the reason does not directly impact their safety or well-being, your child should spend time with their other parent.
What makes a mother unfit?
A parent may be deemed unfit for any number of reasons, from past convictions to family violence, mental illness, substance abuse, bad parenting, or even conflict with the other spouse. Accordingly, the fitness of the father or mother to parent is of the utmost importance.