Illinois Divorce Custody
In the entire USA, the general laws regarding child custody are almost similar. There are however, slight variations in the guidelines laid in different states. Some of the guidelines in the state of Illinois regarding divorce child custody have been summarized below:
Whatever be the verdict in child custody cases in Illinois, one must remember that this is a privilege and the custodian parent may be forfeited from his/her divorce custody rights if he/she is found neglecting the best interests of the child.
- Best interests of the child
While handling cases related to Illinois divorce custody, the courts firstly consider the parent who can meet the best interests of the child. They try to analyze which parent can successfully meet the requirements of the child apart from being a good guardian taking care of all the needs of the child.
- Relationship with other siblings
Illinois divorce custody issues are generally settled by keeping the siblings involved in the custody cases together. As siblings are found to be true companions during times of duress, judges in Illinois try not to split them.
- Community relationship of the child
Judges in Illinois courts try to sum up the relationship of the child with his/her community. They assess the importance of the community which includes teachers, care takers and other significant members who make an impact on the life of the child. Illinois divorce cases are awarded based on the parent who can allow the child to live in the same community after the divorce proceedings are over.
- Present relationships of the custodian parent
While awarding child custody, it should be noted that the courts do not consider the other relationships of the parents unless the proposed custodian parentís relationships might prove detrimental to the child. Safety and security concerns such as child abuse etc are considered to be most important issues while Illinois divorce custody cases are tackled.
- Issue of domestic violence
Domestic violence is an important matter that courts consider while awarding child custody. The parent, who indulges in domestic violence where the child may or not be the witness, may find his/her case extremely weak. Any police records pertaining to domestic violence are discussed upon while ruling for Illinois divorce custody cases.
- Being supportive to non-custodian parent-child relationship
Courts try to assess which parent might adhere to the parenting plan and would not instill negative thoughts in the minds of the child against the other parent. They would give a high preference to such a parent while awarding custody in Illinois divorce custody battles.
- Issue of joint custody
Courts in Illinois give a greater weightage to joint custody so that the child gets the advantage of being raised by both the parents. One parent wins the physical custody, while the other gets the visitation rights. Legal custody or making legal decisions of the child regarding schooling, health, education etc is to be a joint decision.
Joint custody is not preferred in those Illinois divorce custody cases where one parent has a history of child abuse, neglect r is an alcoholic or on drugs. Therefore, the other parent gets the sole custody of the child. In such cases the non-custodian parent may be asked to give child support though he may not have visitation rights.