• Common Illinois Custody Questions for Parents

    August 6, 2019 | Blog Family Law
  • Child Custody Arrangements in Illinois

    Most people may have various questions that need immediate answers before commencing with the child custody process. Edwardsville, IL child custody answers to the frequently asked questions about Illinois custody laws.

    who determines child custody?

    Who determines the custody of children?

    The answer to this is the court, and it does so in regards to the best interest of the child. The court considers several factors such as;

    • The wishes of both parents
    • What your child would want depending on their level of maturity and education
    • Your interaction with the child,
    • The child’s environment at home and school,
    • Your general well-being in terms of health
    • Previous cases of violence
    • Your willingness to give up your child

    difference between joint and sole child custody

    Is there a difference between joint and sole child custody?

    For there to be joint custody, both parents must cooperate in matters to do with the well-being of your child. Here both parents share responsibilities such as education and health care. Sole custody can be awarded where one parent may not be involved in making decisions in regards to a child’s welfare or where both parents are unable to cooperate. One parent is given the authority to make decisions that affect the child’s life.

    child custody and your parental rights

    Who pays of child support in case of joint custody?

    The financial situation of both parents will determine child support. Both parents have an obligation on the child, and this will not necessarily depend on the custodial arrangement.

    parental agreement is needed on child custody

    If one parent fails to pay for support, can the other parent refuse visitation?

    The answer is no since a parent should not deny visitation even if there is a failure by the other parent to pay child support.

    can I child choose the parent when it comes to child custody agreements?

    Can a child decide which parent to live with?

    Illinois child custody does not have provisions allowing children to decide the parent they would wish to live with. However, if a child so wishes, the court can consider through testimonies of the parent, attorney, or any other profession who will interview the child.

    grandparents can receive child custody, too

    Can grandparents have rights to custody and visitation?

    Illinois family law has a provision whereby a grandparent or great grandparent or even a sibling of the child can petition the court of law for visitation rights but under the following conditions.

    • The legal parent has been missing for three months
    • Parent is incompetent
    • A parent is serving a jail term
    • Parents’ divorce
    • A child born out of wedlock and both parents not living together

    Do I need a joint parent agreement?

    Yes, it is necessary, and both parents must commit in regard to a child’s health care, education, and other needs.