Divorce Illinois Custody

Divorce Papers > Divorce Custody > Divorce Illinois Custody

It is observed that spouses find it difficult to agree on the issues related to their kids like legal rights on them, monitory support, decision-making rights and so on. Often, the court has to intervene to make a right decision. The court has the responsibility to ensure that the child has a secure and encouraging atmosphere after disintegration of the family. The court follows the guidelines of Federal law to reach to a conclusion in this matter.

Factors considered by the court for Divorce Custody in Illinois

The law in Illinois mentions the below listed factors for the court's assistance while handling such matters:

• The readiness and capacity of each parent to inspire and promote a close and long lasting relationship between the minor children and the parent.
• Whether a potential custodial parent had threatened the family with physical violence or has been guilty of the same? Whether any sort of abuse is currently in progress?
• The physical and mental health of both the parents and all their kids.
• The level of communication and contact of the family in the community, school and at home.
• The interrelationship and interaction of the kid with his/her siblings, father, mother and other individuals he/she has contact with.
• The desires of the minor one.
• The wishes of the parents: If the parents draft a guardianship arrangement, and the court feels that this arrangement is not in the best interests of the child, the court cannot be compelled to enforce this written agreement.
• Modifying an order is not possible within the first two years, unless there is an emergency related to health and security of the kid.

Some types of Divorce Illinois Custody

Many forms of custody are available in the legal rules of the state. The guardianship may be awarded to a partner or both of them, depending on the factors mentioned above. Following are the main types:

Shared Custody

• The child spends almost equal amount time with each parent.
• This plan usually works well when the child spends one week with the father followed by another week with the mother and so on.
• Two weeks with each parent plan also fosters stable, solid and good family relationships.
• However, if the duration is more than 2 weeks with each parent, this is not the best arrangement for the family. The reason is that in longer durations the child becomes conversant with the habits, rules and plan of one household. The kids become irritated, as they have to reorganize their life again and again.
• There are examples in which ex spouses try out a one month or even six months cycle. As per the previous reasoning, this arrangement usually leads to confusion.

Split Custody

• This implies separation of the siblings.
• One of the examples is that "boys should stay with their father" while "daughters should reside with their mother".
• The courts do not favor this sort of custody plan. However, if the parents agree with each other and the court concludes that there is some reasoning for the separation, then the court enforces this arrangement.
• Irrespective of how the siblings are separated, the parents must decide, who would have the decision making power of each one.

Direct Testimony of the Child

The law in this state allows the child to speak with the judge and share his/her thoughts directly regarding where he or she would like to reside. This talk takes place in the judge's chambers wherein the court reporter, the judge and the kid are present. The parents are not permitted, and they have to sit in the courtroom. The divorce lawyers of the parents have the option to enter the chambers or wait in the courtroom.

The child must be of adequate age to make a preference. In one case, the testimony of a 14 year old rocked the case successfully. In another case, the kid was of 8 years but was relatively mature. A 9 year old kids' request was denied by the court, but was reversed on appeal. However, if the child is 2 to 3 years old, there is no question of considering his or her preference.

It is not binding on the court to interview the little one. Parents are not empowered with the right to have their family interviewed. The judge uses his/her discretion to conduct such an interview. The judge decides how to interrogate and what should be the topics discussed.

Divorce Papers