Custody: In general, custody is the care, control, and financial support of a child. There are two aspects in the award of custody. Legal custody is the recognition of the parent or parents authority to make decisions regarding how the child is raised and physical custody is the determination of the party with whom the child will make his or her primary residence. In family law situations, the Court usually grants both of these rights together.
Joint Custody: Joint custody is the term used for Joint Legal Custody. Custody is an arrangement through which both parents share the responsibility for making major decisions for the child. The child resides with one parent most of the time, with that parent being named the Residential Custodian. Even thought the child resides in one parent's household both parents cooperate to make decisions affecting the upbringing of the child. The parents must be able to cooperate in order to effectively implement and work within a Joint Custody arrangement.
Joint Parenting Agreement: This is one of the documents that may be signed by the parties and incorporated into their divorce judgment by the Court. A Joint Parenting Agreement sets out the rights and responsibilities of the parties regarding their parenting time, who will pick up and drop off the children and what things each parent is to provide or pay for. If parties agree to have Joint Custody they will sign this document prior to going to a prove up.
Sole Custody: This entrusts the legal and physical custody of the child in only one of the parents. The parent granted Sole Custody makes all major decisions for the child without having to consult the non-custodial parent. Sole Custody is generally used in cases where the parties are unable to cooperate in making decisions for the child or in those cases where one parent is absent from the child's life.
A word of caution for parents granted/seeking Sole Custody: Even though the courts may grant you Sole Custody of your child, having it does not entitle you to exclude the other parent from your child's life. The other parent by law must be listed as a parent with the schools, medical providers and other persons who may care for your child. He/she is entitled to notice of any and all events in which the child will participate, including school programs, plays, team sports and other activities. While a Sole Custodian need not seek permission or agreement to have medical procedures done on or for the child, he/she must inform the non-custodial parent prior to having the procedure done unless it is a life threatening situation.
Irregardless of whether you have Sole or Joint Custody, both parents, when the child is in their individual care, have the right to make day to day decisions regarding the child. These types of decisions are: Can I play outside?; May I spend the night at Johnny's house?; Bedtime; talking on the phone; whether they get to watch television (or what they watch). All of these are day to day decisions that whichever parent the child is with at the time gets to make.
Shared Custody : Shared custody is an arrangement in which each parent has periods of physical custody of the child. During these periods of custody the other parent maintains visitation rights, and is allowed access to the child according to a mutually agreed upon schedule. More and more parents are seeking Shared Custody. While it is readily accepted in some states, Illinois has not completely embraced the idea. For Shared Custody to work, the parties must be able to cooperate with each other to a greater degree than that required by Joint Parenting. The parties should live within a close proximity of each other (to facilitate the child's school and interaction with friends and playmates).
Split Custody : Split Custody occurs when there are two or more children and each of the parents becomes either the Sole Custodian or Residential Custodian of one or more of the children. Illinois Courts are reluctant to split up siblings and will only do so if there is clear evidence that such an arrangement is in the best interest of the children.
Visitation: Under Illinois law, a parent who has not been granted physical custody of a child is entitled to reasonable visitation unless the court finds after a hearing, that said visitation would endanger the child's physical, moral or emotional health. If the Court finds that the child would somehow be endangered by being alone with the parent without physical custody, but that all contact should not be denied, it can order Supervised Visitation.
Supervised Visitation: The court may require that the visitation always be supervised by a third party, such as the custodial parent, or a representative of a public agency. Another alternative is a private supervisory agency. Part of the restriction may be where the visitation will take place, such as someone's residence, a local public place such as a restaurant, or a private facility such as a meetinghouse. Generally, if a paid supervisor is necessary the party causing the need for supervision will be responsible for whatever fees are incurred.
Modification of Visitation : If circumstances change substantially, either party may ask the court for modifications to the visitation allowed to the party without physical custody. After hearing all of the evidence regarding the effect of the current visitation schedule and conditions as it exists on the children, the court will make decisions regarding the modifications that would be in the best interest of the children.
Denial of Visitation : A denial of occurs when the Residential Custodian (or Sole Custodian) deliberately and without justification denies or interferes with the other parent’s court-ordered visitation. The parent whose visitation has been denied may file a Petition for Rule to Show Cause. The offending parent may be held in contempt of court, and may be required to pay the other party’s attorney’s fees and court costs associated with enforcing the visitation order. If a custodial parent repeatedly engages in this type of visitation abuse, the courts can change custody to the other parent.
Child Support: Under Illinois law both parents have a duty to support their children. The dollar amount is determined by both the number of minor children in the household and the net income of the parent paying child support. The parent paying support may deduct income taxes (state and federal), Social Security & Medical taxes, Union Dues, and medical insurance premiums from their gross income (from all sources) to determine net income for child support purposes. (In some cases a party may also have mandatory retirement deducted by an employer, in those cases that is also an allowable deduction for determining net income).
Termination of Child Support : Except in special circumstances (such as when a child is mentally or physically disabled) a parent’s obligation to pay child support terminates when the child graduates from high school or turns 18 whichever is later. Child support can also be terminated if the child becomes emancipated or dies before either of the above events occur.
Failure to Support : Failure to pay court-ordered child support is a crime in the State of Illinois. Deliberately refusing to provide support for one’s child is a Class A Misdemeanor. Leaving the State with the intent to avoid paying child support, or allowing payments to fall into arrears for more than a year may result in conviction for a Class 4 Felony.
Child Support Modification: The amount of child support required to be paid by the non-custodial parent may be modified by the Court from time to time as circumstances may require. Either the custodial or non-custodial parent may petition the Court to consider changes in income or expenses incurred in the raising of the child in determining the amount of support to be paid.
Guardian Ad Litem : (Latin for “A Guardian for the suit”) A guardian ad litem is a person, usually a lawyer, who is appointed by the Court to appear in a lawsuit on behalf of a disabled adult or a minor child. Generally in custody cases, a Guardian ad Litem is appointed by the court to act as the court’s eyes and ears. That is to investigate the issues regarding custody of the child, and report the information gathered back to the court. Often the judge will request that the Guardian ad Litem (GAL) make a recommendation as to what is in the child’s best interest. The court is not bound by the GAL”s recommendation, but does take it into consideration along with whatever other evidence is presented.
Division of Property:
ILLINOIS IS NOT A COMMUNITY PROPERTY STATE !!!!
In community property states all martial assets are divided equally between the parties. This is done without regard for the needs of either party or the future earning potential of the parties.
ILLINOIS LAW REQUIRES EQUITABLE DISTRIBUTION OF MARITAL ASSETS AND LIABILITIES
Spousal Support/Maintenance/Alimony : Spousal support is based on several variables. Some of those are: Length of the marriage, difference between the parties’ income; earning potential of the parties; and has one party been out of the work force for an extended period of time. Based on the above factors and the distribution of assets between the parties, the court may order maintenance for a period of time. In some circumstances maintenance may be short term or it could be permanent.