Parents in Illinois may be concerned that, in a custody dispute, the other parent may relocate with the child to another state and then get a favorable child custody order from that state. This was recognized as a problem years ago, so 48 of the 50 states have enacted the Uniform Child Custody Jurisdiction and Enforcement Act to discourage these kinds of bad-faith parental relocations. This blog post will describe the UCCJA in a little more detail.
When an Illinois couple has a child and both parents share parental rights, there are certain issues that can be complicated when providing care and making decisions on the child's behalf. This is where the care of minor children and the right of first refusal when providing care becomes important. With right of first refusal, if a parent intends to leave the child with someone else for childcare, then the other parent must be given a chance to care for the child first, unless an emergency precludes seeking out the other parent's position
One of the most difficult issues to deal with in an Illinois divorce is if the custodial parent seeks to move away with the child. The noncustodial parent has the right to parenting time, but this can be made more difficult when there is a decision on the part of the custodial parent to move elsewhere. This move can be within the state or to another state entirely.
Parenting time is a major concern when parents in Illinois split up. After the relationship has concluded, many cases will involve disagreements regarding custody and visitation. As always, the best interests of children take precedence, but it is also important to keep track of trends regarding how parenting time is allocated. One recent study indicates that fathers in Illinois are close to last in the U.S. for the amount of time they get with their children.
Parents in Illinois who part ways as a couple and share a child will undoubtedly be aware of the need for some form of child custody agreement. This is a strategy to address parental responsibilities, give the child an idea as to how the situation will play out as they move forward and lets the parents know they will need to come to an agreement on parenting time and other important issues. However, legal changes can force parents and children to adapt.
The main objective behind a child support order in Illinois is to serve the best interests of the child. While the courts will seek to cover every eventuality, other factors come to the forefront based on the circumstances. One is if a parent needs to pay for child care. A common concern is whether there will be an addition to the basic child care order to pay for child care expenses. This can happen and it is at the discretion of the court to do so. The court can order either parent or both parents to contribute to reasonable child care expenses. These will be paid to the party or directly to the entity that is caring for the child.
For Illinois parents who have parted ways, custody and visitation is often one of the most difficult issues for them to hash out. Determining which parent will be the custodial parent, what the visitation plan will be, and how to assess best interests of children are just some of the factors that must be decided. Fathers frequently believe they face an unfair bias when parenting time and custody is allocated. A proposed change to the law seeks to make the process fairer to fathers and give them 50-50 custody is being considered.