What are the child custody laws in Illinois?

What are the child custody laws in Illinois?

Under Illinois law, married parents have joint residential and legal custody of a child born of the marriage while they are married. With unmarried parents, the mother has sole legal and residential custody of the child until a finding of paternity is made and the father petitions the court for some form of custody.

Can a mother move a child away from the father in Illinois?

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Current Child Removal Laws Presently, under Illinois law, a parent with primary physical custody of a child is permitted to move anywhere in the state without the approval of the other parent or the court. Only an out-of-state move requires permission from the other parent or the court.

How does a judge determine who gets custody?

Judges must decide custody based on “the best interests of the child.” The “best interests of the child” law requires courts to focus on the child’s needs and not the parent’s needs. The law requires courts to give custody to the parent who can meet the child’s needs best .

Can an 11 year old choose which parent to live with?

While no law permits the child to choose their custody status, most California courts believe 14 years of age is old enough to express themselves and the reasons why they prefer one parent over the other.

What happens when a child doesn’t want to visit the other parent?

A parent who refuses to allow the other parent to see the child or fails to follow the terms of a custody order could face contempt charges. The parent missing out on visitation can file an Order to Show Cause with the court stating that the other parent is preventing visits.

Can a 17 year old refuses to see a parent?

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A court or the police will not make a 17 year old go to the other parent if they refuse. However, as the custodial parent you must encourage the 17 year old to follow the custody order.

What age can a child say they don’t want to see their dad?

Applicable here is the second ground. The court can modify a custody order if (1) the child is at least 12 years of age and expresses a preference of which parent he or she prefers to live with in chambers to the court, and (2) it is in the best interest of the child.