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In this article, we will explain the difference between a Guardian Ad Litem, a Child’s Representative, and an Attorney for the Child in Illinois Child Custody Cases.
In this article, we will explain the role of a Guardian ad Litem in Illinois child custody cases and answer the following questions:
In this article we will explain Illinois parenting laws, including allocation of parenting time and responsibility. We will discuss Illinois’ change from child custody and visitation to allocation of parenting time and responsibility. We will explain Illinois parenting plans as well as what happens if the parents can’t agree on a parenting plan. Finally, we will explain how parenting time and parental decision making power are determined in Illinois.
In this article, we will examine the important details of Illinois parenting plans to determine the allocation of parenting time and responsibility in divorce and paternity cases, including how to file a parenting plan, what’s typically included in a plan, what happens if parents can’t agree, and what happens once the plan becomes an order.
In this article, we explain how to enforce a parenting agreement in Illinois. We discuss the ramifications of a party not complying with the terms of an allocation of parental responsibilities judgment under the Illinois Marriage and Dissolution of Marriage Act. While a party may think, “If I don’t exercise my parenting time, my ex-spouse will have more time with the children and therefore everyone wins,” the act of not exercising allotted parenting time can have various consequences ranging from financial penalties to loss of future parenting time. Those consequences are discussed herein.
The purpose of this article is to explain Illinois court ordered parenting classes and answer some of the most frequently asked questions regarding parent education.
When Are Parenting Classes required In Illinois?
According to Illinois law, parenting classes are required whenever parents of minor children are engaged in a court proceeding involving allocation of parenting time and responsibility, formerly referred to as custody and visitation. This includes post-judgment cases involving modification of parenting time and responsibility or relocation of the child.
Where has child custody gone?
For the first time since 1972, major revisions to the Illinois Marriage and Dissolution of Marriage Act (“IMDMA”) came into effect in 2016. One of the most significant of these revisions was in terms of how the Courts view child custody of minor children. A parent no longer has “custody” over a child, they now exert “parenting time” and “decision making authority” over the child.
In this article we will explain everything you need to know about Illinois custodianships and the Illinois Uniform Transfers to Minors Act.
What is a custodianship?
The Illinois Uniform Transfer to Minors Act (760 ILCS 20, et. seq.) allows one to transfer property to a minor, subject to the management of a custodian. A custodianship in Illinois is a relationship whereby an adult is given the power to manage a particular piece of property on behalf of a minor until the minor reaches age 21. The transfer is an irrevocable gift, and the minor receives legal title to the custodial property. The minor’s guardian will have no authority with respect to the property.
In a child custody proceeding, the court will make its determination of custody issues based on the "best interest of the child." The best interest of the child is determined on a case-by-case basis by weighing several factors listed in the Illinois Marriage and Dissolution of Marriage Act (IMDMA) as well as any other factors that the court finds relevant, including those that have been developed by case law.
The factors listed in the IMDMA are: