Illinois child custody laws establish what courts are required to consider when acting in the best interest of the child. State law provides a method for parents to devise and submit their own parenting plans to the court: however, when parents cannot agree on the issue of custody, the court will step in and make the decision for them. Courts usually make child custody determination when parents divorce, which a divorce parent want to modify a child custody order or when parents are unmarried and the child's paternity has been established.

Illinois courts must first establish that it has legal authority before making a determination of custody. The Uniform Child Custody Jurisdiction Act ( UCCJA) states that courts in Illinois can make an initial child custody determination or a modification to custody when Illinois is the child's home state at the time of proceeding or had been the child's home state. Six–month residency is required if the child is absent from the state. The child and at least one parent must have significant ties to Illinois and intend to reside there. The residency requirement may be waived if it is necessary to protect the child from abuse or mistreatment.

Illinois provides for both sole custody and joint custody. If the court grant the parent sole custody, he or she makes all the decisions regarding the child's welfare if the court grants sole custody. In contrast, Joint custody allows both parents to make legal decisions for the child.

Illinois court makes child custody decision based on "the best interest of the child" standard. In determining the child's best interest, courts consider certain factors. These include the wishes expressed by the parents and child (ren) with respect to custody; how the child interacts with both parents; how well the child has adjusted to a community, home, and school; the health of the parents and the child; and how willing each parent is to encourage a healthy, loving relationship between the child and other parent.

In Illinois, non–custodial parents are entitled to reasonable visitation rights with their children. The law makes this right an "entitlement" which means the non–custodial parent cannot be denied or deprived of visitation without a full court hearing.

Illinois courts also modify child custody and child visitation orders. If you have questions about child custody or visitation laws, call Thomas Law Group, P.C., at 866–848–9183 or contact us online to schedule a consultation.