If you are divorced, and are considering moving to another state with your children, think twice. Illinois law prohibits the removal of children to another state without court permission. As the courts make their determination, the best interest of the child will always be the main factor. However, best interest is based on several other factors. Therefore, if the custodial parent wishes to leave the state and bring the child, he or she is subject to the decision of a judge on the matter. Failure to comply with Illinois code (750 ILCS 5/609) (from Ch. 40, par. 609) may result in the forfeiting of custodial rights. For further clarification on what is considered by the courts as they make their determination on removal proceedings, please see the following.
Two of the most important terms for divorcing parents to familiarize themselves with are "sole custody" and "joint custody." An innumerable amount of factors play a part in the determination of which parent will be awarded custody, if not both parents. However, regarding child support rulings, the ultimate determining factor is based on the best interest of the child. As the courts see fit, either joint custody will be awarded to both parents, or sole custody will be awarded to one parent. Every family dynamic is different, and while joint custody may be the most effective plan for one family, it may be completely toxic for another. The following description includes the differences between joint and sole custody, and may help you and your partner determine which parenting plan may be best for you.
As a couple divorces, there are many options to be considered regarding formulating a co-parenting plan. As we discussed in Part 1 of this 3-part Child Custody blog series, parents can be awarded temporary, permanent, or even de facto custody. Part 2 of the series will discuss the difference between legal and physical custody.
In going through a divorce, a couple's primary concern is oftentimes-if there are children involved-who gets custody of the children. Unfortunately, like every other considerable factor within a divorce, "child custody" is not a cut and dry issue. Not only are there many factors to consider in determining custody, but there are also many types of custody to be understood. Your divorce and child custody attorney should be a valuable resource as your rights to custody are determined. The following is a Part 1 of a 3 part list of terms describing the many different types of custody parents can have:
It is often said that women have a greater chance of being granted custody of their children than do men. Statistically speaking, this is true. However, with the right legal assistance, this statistic can be overcome. It is important to know that the courts will always rule on what is in the best interest of the child, regardless of the gender of the custodial parent. With an experienced child custody lawyer and a strong case, it is very feasible for a father to win custody. The following are a few tips for fathers pursuing custody of their children.
Though it may not always be possible, we cannot avoid the fact that research supports the idea that children benefit largely from growing up in a household with both parents. The stability offered in this ideal family structure can have lasting positive effects on a child's growth and maturity...unless the family is not so ideal. Domestic violence in a family can result in more than just a harmful relationship between the parents; it can result in the removal of your child from your home by DCFS. When the best interest of the child is considered, the quality of the family environment can determine the future development and welfare of the child. A battered parent should consider leaving the abuser if not for anything but for the sake of the child. In deciding what action to take when faced with this situation, a family lawyer can be of great value in evaluating a few things: • If I stay in this abusive relationship, can my child be taken from me by DCFS? Yes. Although your child may not directly experience physical abuse, simply growing up in a violent home and witnessing the abuse of a parent can be enough for child protection services to step in and take control. "Failure to protect" the child can be ruled as neglect.