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Statutes Used to Adjudicate Child Custody in Illinois
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The following statutes are used in determining custody of a child in Illinois. In general, no matter if you are a father or a mother, the statutes state that the best interests of the child are to be considered. That doesn't mean the child gets to choose, it means the judge will determine what the child's best interests are and will balance that with the parent's desires.
- Illinois Marriage and Dissolution of Marriage Act (part of a dissolution or legal separation case)
- Illinois Marriage and Dissolution of Marriage Act (as an independent action where the parties have never been married)
- Illinois Parentage Act of 1984 (as an action to establish parentage)
- Probate Act of 1975 (when a party is seeking guardianship of a minor)
- Juvenile Court Act of 1987 (situations involving a child that has been found delinquent, dependent, neglected or abused and has been made a ward of the court)
- Adoption Act (pending termination of parental rights, temporary child custody may become as issue)
- Habeas Corpus Act (where no other statute applies)
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