DADI Blog

Illinois Child Custody

Posted by admin on April 27th, 2006

Illinois child custody laws state that the guidelines will be met that are in accordance with what is in the best interest of the children involved. The court will allow any information that is pertaining to what is deemed to be best for the children, even if they are not included in their guidelines. The Illinois guidelines on determining what is in the best interest of the child or children include:

* What the parent’s wishes are concerning the custody of their children.

* Where the children wish to live and with which parent.

* The relationship and interaction the children have with both parents.

* The children’s adjustment to the environment in which they are now living, the school they are attending and their community in which they now reside.

* The physical and mental health of parents, the children and anyone else they may reside in the home.

* Domestic abuse, physical violence or even the threat of such even if the violence is not aimed at the children.

* If any ongoing abuse which is explained in Section 103 of the Illinois Domestic Violence Act of 1986 even if the abuse is not toward the child.

* The ability of the parents to allow the other parent to have a relationship with the other parent. If they will allow a continued and encouraged relationship.

Illinois law does have joint custody laws when it is feasible. If the court does not see proof of domestic abuse, the court presumes that both parents will have the responsibility concerning the physical, mental, moral and emotional well being of their children. The court will then award joint custody. Illinois joint custody laws have the following guidelines:

* The ability of both parents to cooperate with each other for the best interest of their children.

* Where both parents live and how close they live to each other.

* Any other factors that the court deem important.

The Illinois court can order that parents attend an educational program concerning the effects of divorce on children if they believe it is necessary for the best interest of the children.

The ability to access important information concerning their children, both parents will not be denied any of these records which include medical, dental, child care, and school records. This law will be in affect unless the court decides that it could be detrimental to the children or in case of a protective order or abuse.

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