Child Custody FAQs
Parenting disputes are often among the most emotional and difficult issues involved in Illinois family law cases. Questions involving parenting time, decision-making responsibilities, relocation, school issues, emergency custody matters, and communication between parents can quickly become highly contested.
Illinois courts focus primarily on the best interests of the child when resolving parenting disputes. Below are answers to some of the most common questions parents have regarding child custody and parenting matters in Illinois.
Parenting Rights & Custody Questions
How Does Illinois Determine Child Custody?
Illinois law no longer uses the traditional term “custody” in most situations. Instead, courts allocate parental responsibilities and parenting time based on the child’s best interests.
Under 750 ILCS 5/602.7, courts may evaluate numerous factors when making parenting decisions, including:
- The child’s relationship with each parent
- Each parent’s level of involvement
- The child’s adjustment to home and school
- The ability of the parents to cooperate
- The mental and physical health of the parties
- Any history of domestic violence
- The wishes of the child depending on age and maturity
Every parenting case is highly fact-specific, and courts are generally focused on creating arrangements that promote stability and the child’s overall well-being.
What Is The Difference Between Parenting Time And Parental Responsibilities?
Parenting time refers to the schedule determining when a child is physically with each parent. Allocation of parental responsibilities refers to decision-making authority involving important issues such as education, healthcare, religion, and extracurricular activities.
Some parents share decision-making responsibilities jointly, while other cases may involve one parent receiving significant or sole decision-making authority depending on the circumstances involved.
Can A Child Decide Which Parent To Live With?
A child cannot independently choose where to live. However, Illinois courts may consider the wishes of a child depending on the child’s age, maturity, and ability to express reasoned preferences.
The child’s wishes are only one factor among many courts evaluate when determining parenting arrangements.
Parenting Disputes & Litigation
What Happens If Parents Cannot Agree On A Parenting Plan?
If parents cannot reach an agreement concerning parenting responsibilities or parenting time, the court may ultimately decide the disputed issues following litigation, mediation, evaluations, hearings, or other proceedings.
Contested parenting disputes may involve disagreements concerning:
- Parenting schedules
- School selection
- Medical decisions
- Relocation requests
- Communication issues
- Transportation responsibilities
- Extracurricular activities
In highly contested cases, courts may appoint evaluators, guardians ad litem, or other professionals to assist in evaluating the issues involved.
Can Parenting Orders Be Modified Later?
Yes. Parenting orders may sometimes be modified if a substantial change in circumstances occurs after entry of the original judgment.
Courts evaluating modification requests generally focus on whether the requested changes serve the child’s best interests. Modifications may involve parenting schedules, decision-making authority, relocation issues, or other parenting-related disputes.
What Happens If One Parent Violates A Court Order?
Failure to comply with parenting orders can lead to significant legal consequences. Illinois courts may enforce parenting orders through contempt proceedings, modifications, compensatory parenting time, financial sanctions, or other remedies depending on the circumstances involved.
Common disputes may involve:
- Denial of parenting time
- Failure to return the child
- Interference with communication
- Violations of relocation restrictions
- Failure to comply with parenting schedules
Enforcement proceedings can quickly become highly contentious and often require immediate legal attention.
Relocation & Emergency Parenting Issues
Can A Parent Move Away With A Child?
Illinois law imposes restrictions on relocation involving children. In many situations, a parent seeking relocation must either obtain consent from the other parent or approval from the court.
When evaluating relocation requests, courts may consider:
- The reason for the proposed move
- Educational opportunities
- Family support systems
- Parenting time impact
- Employment considerations
- The child’s relationship with both parents
Relocation disputes frequently involve complex factual and legal issues requiring detailed court analysis.
What Is Emergency Custody?
Emergency parenting matters generally involve situations where a parent believes a child faces an immediate risk of harm, danger, abuse, neglect, or improper removal.
Courts may enter temporary emergency orders in situations involving:
- Domestic violence
- Threats to child safety
- Substance abuse concerns
- Abduction risks
- Dangerous living conditions
- Interference with parenting rights
Emergency proceedings often move quickly and may require immediate legal action.
How Do DCFS Investigations Affect Custody Cases?
DCFS investigations can significantly impact parenting disputes depending on the allegations involved and the status of the investigation.
Allegations involving abuse, neglect, substance abuse, unsafe living conditions, or domestic violence may affect parenting time, temporary court orders, or allocation of parental responsibilities. In some situations, family court proceedings and DCFS investigations may proceed simultaneously.
Additional Parenting Questions
Can A Child Refuse Visitation In Illinois?
In most situations, children are expected to comply with court-ordered parenting schedules. However, disputes sometimes arise when older children resist visitation or refuse parenting time with one parent.
Courts evaluate these situations carefully and may consider:
- The child’s age and maturity
- The reasons for refusal
- Parent-child relationships
- Allegations of misconduct or abuse
- Possible parental influence
These cases can become extremely sensitive and often require strategic legal guidance.
Do Grandparents Have Custody Or Visitation Rights?
Under limited circumstances, grandparents or third parties may seek visitation or parental rights under Illinois law. These cases often involve highly fact-specific legal standards and may arise in situations involving parental absence, incapacity, or other unusual family circumstances.
Because these disputes frequently involve constitutional parenting rights, courts evaluate such requests carefully.
Contact Our Illinois Child Custody Attorneys
Parenting disputes can quickly become emotionally and legally complicated, particularly when disagreements involve parenting time, relocation, school decisions, emergency custody concerns, or modifications to existing court orders.
The Law Office of Fedor Kozlov, P.C. represents parents throughout Illinois in child custody and allocation of parental responsibilities matters involving both negotiated parenting agreements and contested litigation.
To discuss your situation confidentially, contact The Law Office of Fedor Kozlov, P.C. at 847-241-1299.
