How is Child Custody Determined?
THE BASICS
When it comes to determining the best interest of a child with respects to who that child should live with (Residential Custody) and who should have decision making authority over the child’s major life decisions (Legal Custody) the parents are in the best position. Unfortunately, you are having problems communicating with the other parent.
The Supreme Court of Illinois has decided that all matters pertaining to child custody MUST be resolved within eighteen (18) months of the date of service. What does this mean for you? It means if you can’t come to an agreement with the other parent regarding who has residential custody, what each parent’s rights are with respects to legal custody, and/or cannot come to an agreement as to how much and when visitatioin (parenting time) will occur, by your FIRST status date, the courts have a procedure for determining it for you.
THE PROCEDURE
MEDIATION
Each county is a little different when it comes to their procedure for determining who will have what custody of the minor child(ren). Most start by referring the parties to an independent mediator in an attempt to come to an agreement. Mediation typically occurs in three sessions and takes about 45 days from the date the mediation order is entered and the mediator has to report on the status of mediation. If an agreement is reached, a Parenting Agreement is drafted, approved by each party, and entered with the Court. If mediation is not successful, you will follow one of two other avenues: Evaluation or Guardian Ad Litem.
To schedule your consultation, or for more information about child custody determination in an Illinois Divorce Court, call me at 630.409.8184 or e-mail: mmw@divorcelawyerdupage.com
EVALUATION:
The parties (usually through their respective attorneys) mutually select an evaluator–usually a psychologist or psychiatrist. The evaluator meets with the parties and the child(ren) both individually and together. The evaluator typically conducts some form of psychological testing (usually the Minnesota Multi-Phasic Peronality Inventory) to get a very general understanding of each parties’ strengths & weaknesses.
The Evalution process usually takes about 90 days. At the end of the evaluation process the evaluator makes a recommendation to the Court as to the type of legal custody each parent should have and the level each parent should have parenting time (custody/visitation). This recommendation is NOT binding on the Court and either party has the right to have a second evalution conducted.
GUARDIAN AD LITEM:
Some courts are moving away from the evaluation process. It can be expensive and time consuming. The more cost effective (and quicker) approach is to have a Guardian Ad Litem (GAL) appointed as the child’s attorney/representative. The GAL serves many functions, but are essentially the Court’s eyes and ears when it comes to children. After conducting their own investigation, which is much more informal than the evaluation, they make recommendations regarding what they believe is in the child’s best interest. The GAL is an attorney, can file pleadings, issue subpoena’s and examine witnesses. A GAL can also be called as a witness to testify at a trial if necessary.
To schedule you consultation or for more information, please call: 630.409.8184; or,
E-mail: mmw@divorcelawyerdupage.com
The phone call and e-mail are free and confidential.