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Child Custody in Divorce or Paternity (Unmarried Parents)
Frequently Asked Questions on Child Custody in Divorce or
Paternity (Unmarried Parents):
What Legal Standards Does the Illinois Court
Have to Consider When I Ask for Custody of My Child in a Divorce
or Paternity Case?
In Illinois What Does the Legal Term "Best
Interest of the Child" Mean in a Court,and Where is Domestic
Violence Included?
Frequently Asked Questions on Modification of Child Custody
How Hard is it to Have an Illinois Court Change
Custody to the Other Parent Within Two Years of a Final Custody Decree?
Is it Helpful for Domestic Violence Victims
to be Familiar with Illinois Custody Law regarding Changing Child Custody?
Back to Custody of Children (in Divorce or Paternity)
What Legal Standards Does the Illinois Court
Have to Consider When I Ask for Custody of My Child in a Divorce
or Paternity Case?
Whether a child has been born during a marriage or to
unmarried parents, there are certain legal standards that an
Illinois Court must take into account when deciding Child
Custody. Primarily the Court must decide which parent is
better for the child to live with based on a "best interest
of the child" legal standard.
Domestic Violence is a factor in Illinois
law, as well as other factors, in determining "the best interest of
the child".
Back to Questions
In Illinois What Does the Legal Term
"Best Interest of the Child"
Mean in a Court, and Where is Domestic Violence Included?
Domestic Violence is one of several factors that an
Illinois Court must consider when deciding which parent
should be awarded custody. Of course, the Court can only
consider DV if the victim's attorney places evidence
regarding the abuse on the court record.
The Court must consider the following factors
in every child custody decision under Illinois law
regarding the "best interest of the child".
- The wishes of the child's parents as to custody;
- The wishes of the child as to custody;
- The interaction of the child and each parent, siblings,
or any other person who may significantly affect the child;
- The child's adjustment to the home, school, and community;
- The mental and physical health of all persons involved;
- The physical violence or threat
of violence by the child's potential custodian, whether directed
at the child or another person;
- The
occurrence of ongoing abuse as
defined in the Illinois domestic violence Act, whether directed
at the child or another person;
- The willingness and ability of each
parent to facilitate and encourage a close, continuing relationship
between the other parent and the child.
View the Illinois Statute on Best Interest of the Child.
Back to Questions
How Hard is it to
Have an Illinois Court Change Custody to
the Other Parent Within Two
Years
of a Final Custody Decree?
After a court makes a Child Custody decision, Illinois law
discourages the parents from attempting to re-litigate the Custody
case within two years. A Victim who voluntarily gives up custody
of the children or loses in a custody fight will have a difficult time
attempting to have the court make a new decision within 2 years of the initial custody order.
The Illinois law states that "no motion to modify a custody judgment may
be made earlier than 2 years after its date, unless the court permits
it to be made on the basis of affidavits that there is reason to believe
the child's present environment may endanger seriously his physical, mental,
moral, or emotional health." (750 ILCS 5/6109a)
View the Illinois Statute on Modification of Child Custody.
Back to Questions
Is it Helpful for Domestic Violence Victims
to be Familiar with Illinois Custody Law regarding Changing Child Custody?
It is clear that the Illinois law contemplates a parent
has to prove an emergency exception to the two-year waiting
period after a final Custody order, prior to a parent
attempting to have the Court re-hear the case again. The Court
will not hear any new evidence and make a new determination
regarding Custody within the two- year period, unless it finds
serious endangerment to the child exists.
It is not uncommon for an Abuser to convince a Victim that
if she will only give up custody of the child in Court, the
Abuser will stop the abuse and not further harm her or the
child. The Abuser may even tell her that if she signs legal
custody over to him, he will allow her to stay in the home
and raise the child, or allow the child to live with her.
If the Victim does agree in Court that the Abuser be given
Permanent Legal Custody, it is very difficult within two
years to have the Court rehear the custody decision, after
the Abuser kicks her out of the house and keeps the child.
Victims should immediately seek an Attorney who is
experienced in domestic violence if they find themselves in
this situation.
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to Custody of Children(in Divorce or Paternity) sub page.
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