Child custody is the right to make decisions about a child’s upbringing. These decisions include where they live, what is taught at school, and anything else involving general day-to-day care. The law varies from state to state, but it is generally based on what is best for the child rather than what is best for the person seeking custody.
There are three types of child custody laws in Illinois for which there are sets of rules: traditional, joint, and sole. In “traditional” child custody laws, both parents have equal rights to make decisions about the children. The most common type of joint custody is where the parents are still living together and share joint parental rights. Another type of joint custody is when one parent has a sole physical custodian, and the other parent has a sole legal custodian. The final type of joint custody is when both parents have some degree of power to make decisions. Sole custody is a legal term for all the rights and powers involved in raising a child, including decision-making and access, that are reserved to one parent alone. Any time a parent wants sole physical or legal custody, it must be granted by a judge. The other parent would then have limited access, which may be grudging at best or nonexistent at worst.
Child Custody Doesn’t Formally Exist Anymore in Illinois:
In Illinois, the laws that affect child custody are not formal laws. They are decisions made by the courts. The courts will decide which parent has physical or legal custody and what access they need to have to their children, based on the best interests of the child and their situation. In some cases, especially when children are involved, a judge decides to grant sole parenting rights to one parent only. This means that they have full legal parenting rights but with limited responsibility.
The child custody laws in Illinois are based on the best interests of the child and not the parents. However, the law does not automatically assume that both parents are good parents, so the court will look at other factors as well. The court will consider how stable each parent is, what kind of home they can provide for their children if either parent has committed domestic violence or abuse against the other parent or their children, and many other factors. The court will consider these factors simultaneously, which can lead to some very complicated issues. The court does not always believe a parent is an unfit parent just because the other parent is.
Joint Child Custody In Illinois:
In joint custody, both parents have the same level of control over their children. Both parents have full decision-making and legal rights, but neither parent has full physical custody. Joint custody can be granted to either a legally or physically absent parent. This means that the child lives with one parent almost full time and lives with the other parent in some capacity, at least some of the time. In Illinois, a parent with sole legal or physical custody will still have to go through all procedures involved in making decisions about their child, including visitation. This is not to say that the other parent cannot make decisions, just that they must ask the parent for legal or physical custody.
Sole Custody In Illinois:
When one parent only has legal or physical custody, he or she is the sole custodian of their children. The other parent will have no parenting rights. The custodian has full decision-making power and has complete control over their children’s daily lives. The children will not have any contact with the other parent whatsoever unless they choose to do so. Sole custody is a rare occurrence in Illinois. Even though joint custody is very common and a judge will often grant it, if one parent repeatedly asks for sole custody, the court will likely grant it.
Supervised Parenting Time In An Illinois Divorce or Paternity Case:
In Illinois, some visitation plans must be supervised, but only in certain circumstances. Supervised parenting time is a judgement that mandates that one parent only sees their children in special situations, such as during court-ordered visitation. This allows the other parent to monitor the visits and prevents any issues that might come up with any contact with the children. In most cases, a judge will require supervised parenting time if either parent has committed child abuse or child neglect or if there has been an issue with domestic violence between the parents. If supervised parenting time is ordered, when the children are with the other parent, there must be someone present to watch over their well-being.
How Does Child Custody Affect Child Support In Illinois?
Child support is a separate issue in Illinois that does not depend on who has custody of the children. Child support is a financial requirement that is determined by each parent’s income and custody situation. The amount of child support will vary based on the specific situation of each parent and child, but it must be determined by a court before it can be implemented. It is possible to receive more than one type of custody in Illinois, such as both sole legal and physical custody. This may require additional judicial action regarding child support.
Conclusion:
In Illinois, child custody is governed by a set of general laws that include shared parental rights, sole custody (or parenting time), and supervised visitation in certain situations. In order to have the court decide on child custody, the judge must be presented with facts that prove which parent has the right to make decisions regarding their children’s future. Each parenting situation is unique, so it is impossible to determine what decisions will be made beforehand. However, it is possible to prepare a statement of your case and present it to the court in the hope that they will rule in your favor.
