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Illinois Child Custody
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Custody shall be awarded on the best interests of the child, considering the parents' and the child's wishes. Often the courts will order joint custody with one parent to be considered the primary custodian and the other parent having the opportunity for frequent time with their child. Illinois Judge's are given a great deal of discretion in making their child custody rulings and will look at the totality of the circumstances before reaching a decision. Many times a judge will appoint a guardian ad litem to look out for the best interests of the child.
As part of the judge's discretion in deciding child custody he can look at such factors as safety of the child, where the child would live, who is going to be able to watch the child and at times, where does the child wish to live. There are no hard and fast rules or litmus test in making this difficult decision and in most instances while a judge will assign a custodial parent, each parent is allowed to be involved in the decision making process of raising a child on issues such as where will they go to school, what religion will they be exposed to and where will they live.
Generally speaking, one parent can not move a child out of state without permission of the other parent and/or the court. If you are a custodial parent and want to move the child to another state the court will require a detailed plan to be in place. This will include showing where you will live and work, where the child will go to school and what sort of support system will be in place. In other words, if you have always wanted to live in San Diego the court is not likely to let you uproot a child on a whim. But if you have family in San Diego, a job lined up, a home to live in, can show where your child will go to school and demonstrate how the non-custodial parent will still be involved in the decision making process and have visitation then you may be allowed to leave the state.
If you have any questions about Illinois divorce and child custody law or would like a referral to an experienced Illinois divorce lawyer please do not hesitate to contact us. All inquiries are free and confidential.
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