Child Allocation | Chicago Illinois Family Law Blog - Part 2
In Illinois, child custody is determined after considering the best interests of the child. In many cases, a judge has jurisdiction to step in and determine custody rights for the parents. This can happen if one of the parents moves to another state or moves back from out of state. The child’s place of residence and home state will determine if an Illinois judge has jurisdiction.
“Gossip Girl” star Kelly Rutherford famously lost custody to both of her children, aged 8 and 5, to her ex-husband. He is a German businessman who moved the children to France and then later moved them to Monaco, where they now have citizenship. Since he no longer had a visa to travel to the United States, the children were deported to live with him. According to her attorney, this decision is unprecedented and no child who was born and raised in the United States should be deported from the country where his or her mother resides.
After a divorce, it is common for a parent to want to move and start fresh. However, you cannot simply relocate a child out of Illinois without permission. Your ex-spouse may have custody rights that prevent you from moving your child out of Illinois. Therefore, it is not advisable to attempt to move your child without first seeking legal guidance. You do not want to violate the terms of your agreement and put your custody rights in jeopardy.
Child custody discussions often turn into child custody battles. When negotiations between parents fall apart, it’s up to the courts to step in and make decisions. It is common for disputed issues regarding joint custody, sole custody, and visitation rights to be decided in Illinois courts.
Going through a divorce is a highly emotional life event, especially when children are involved. Unfortunately, when both parents cannot reach an agreement regarding child custody, then litigation is often the only way to go. In Illinois, it’s important to remember that the courts will consider what is in the best interest of the child. The court will hear both sides of the custody case and evaluate the following factors:
In some instances, when a parent cannot take care of a child, a person who is not the child’s parent can be granted legal guardianship of that child. While the duties and responsibilities of a guardian are, for all intents and purposes, the same as for a parent who has legal custody of a child, guardianship and custody are not the same in the eyes of the law.
Guardianship is much easier to attain and almost anyone can be appointed the guardian of a minor. While a guardian is usually a relative, he or she does not have to be related to the child.
According to Marie Hartwell-Walker, Ed.D, family therapist and licensed psychologist, many professionals and parents alike hate the word “visiting” as it often is applied to the non-custodial parent. Accepting being referred to as the “visiting” parent is like accepting that parenting is no longer a shared responsibility after divorce. In the past, being given “visitation” with your children meant every other weekend and some holidays. That arrangement has been undergoing change during the last 20 years or so.
As an experienced child custody attorney in Chicago, Jeffrey Knipmeyer knows how difficult going through divorce can be for parent and child. Fortunately, Illinois law has provisions to help parents and children through the process.
In the first post of our “Trick or Treat?” blog series, Nottage and Ward LLP discussed the issues surrounding spending Halloween with your kids after divorce. We will continue that discussion in this blog, specifically providing some tips and potential solutions for how you and your family can have an enjoyable Halloween even if you didn’t previously come to an agreement in the terms of your child custody arrangement.
It’s that time of year again. October has arrived, and with it is the start of the fall and winter holidays. Halloween kicks off the season, but this isn’t necessarily good news for recently divorced families. Family law attorney Leslie Fineberg and the legal team at Nottage and Ward recognize that the fall and winter holidays are typically the most difficult time of year for divorced families, which is why we have dedicated this three-part “Trick or Treat?” blog series to helping divorcing and already divorced families get through Halloween.
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