How to get sole custody of your child in illinois
Sole Custody in Illinois | Sterling Hughes, LLC
In Illinois, sole custody or full custody is given to a parent when it is in the child’s best interests. Sole custody means one parent has sole decision-making rights for major decisions in the child’s life. Major decisions include things surrounding the child’s education, health, religion, and extracurricular activities.
Do you need to protect your child from their other parent?
If so, you may need to ask the court for sole custody. Sole custody gives you the full ability to make important decisions in your child’s life.
What Sole Custody Means in Illinois
Sole custody is when one parent is totally responsible for making major decisions in a child’s life. Major decisions include the child’s:
- Education – The choice of schools and tutors.
- Health – Decisions about the child’s medical and psychological needs.
- Religion – Whether or not to have a religious upbringing.
- Extracurricular Activities – Ensuring safety and positive impact.[1]
Sole custody is gained in one of two ways. First, if one parent is willing to concede custody of the child, the other parent gets sole custody. Or, if one parent believes the other shouldn’t have custody, the court will decide if that parent should have sole custody.
The court makes custody decisions based on the best interests of the child. This means both parents are not required to have custody because it may not be what is best for the child.[2] Also, custody is often referred to as parental responsibilities in Illinois laws and by the courts.
Sole Custody vs. Sole Placement
Custody is the ability to make major decisions for the child. Placement, also called parenting time, is the time the child spends with each parent day-to-day.
Sole custody and sole placement are not always coupled. In this case, one parent could have sole custody, but the other parent may still have placement with the child.
There are many different placement schedules, but when a parent has sole custody, they also usually have primary placement. Primary placement just means they have more parenting time with the child.
For Immediate help with your family law case or answering any questions please call (312) 757-8082 now!
How to Win Sole Custody in Illinois
In general, you win sole custody by proving to the court that it is in your child’s best interest for you to have sole custody. This is no easy task and requires detailed supporting evidence.
Having an attorney is a great asset during these cases. Experienced family law attorneys, such as the ones from Sterling Hughes, who have worked these cases many times, are a powerful ally to have in your case.
The Burden of Proof
The burden of proof is on the person claiming the other party is unfit to have custody of the child. This means that person has to prove their claim. They need to both prove the other parent is an unfit parent and to prove that they themselves are fit to be a parent.
To prove the other parent is unfit, show pictures of poor living conditions, have police/medical records of abuse, show spotty employment history, and/or describe their overall inability to parent.
To prove that you are a fit parent, talk about your child’s best interests, talk about specifics, dress professionally, prepare the necessary paperwork, and don’t attack your spouse.
Sole Temporary Orders
In the beginning of a child custody or divorce case, the court gives out temporary orders that last until a final order is given. These temporary orders can also give a parent sole custody, but that is often harder to get. It depends on the specifics of the case, but there isn’t as much time to gather and present evidence.
However, if you are able to get sole custody right away, it will be easier to get that as a final order as well. This is a moment that highlights why having an attorney from the beginning of a case is really important.
Emergency Orders
Emergency orders are child custody orders given really quickly due to an emergency situation. These orders are not given lightly, not given often, and are always followed up with a full case afterward.
Are you ready to move forward? Call (312) 757-8082 to schedule a strategy session with one of our attorneys.
How to File for Sole Custody of a Child in Illinois - Allen Gabe Law
When married couples go through a divorce, one of the biggest issues that needs to be sorted out is the custody of their children. In Illinois, the majority of child custody disputes end with the courts assigning the divorcing parents joint custody. The state of Illinois prefers joint custody because these arrangements are typically in the child’s best interests. This means that if you want sole custody of your child following a divorce, it will take some extra effort. Parents are only granted sole custody of their children in Illinois if the court truly believes that it is best for your children to be in the sole custody of one parent.
The process of gaining full custody of your children is a stressful process. You will need to submit a petition to the court as well as a Child Custody Affidavit to start the process. You will also need to prove to the court that your ex-spouse is an unfit parent and that you are fully capable of handling the responsibilities that come with sole custody. In this guide, we will cover the steps you need to take to obtain sole custody of your children to help you navigate the process. Knowing what to expect when working towards sole custody will help make the process a little easier and less stressful. It will also help immensely to work with a trusted family law attorney to help you through your child custody dispute.
Definition of Child Custody in Illinois
Joint custody and sole custody are the two options parents have within the state of Illinois. The courts generally prefer to grant joint custody because it is beneficial for the children to have healthy relationships with both parents. In Illinois, being granted custody means that you have the authority to make decisions for your child concerning education, health care, and religion. There is also no distinction between legal custody and physical custody, as the state of Illinois just grants “custody” which is the right to make decisions.
Obtaining sole custody gives you alone the right to make decisions for your child while joint custody means that the other parent must be involved with these decisions. In cases where sole custody is granted, the other parent is often allowed visitation and is still responsible for child support payments. You may prevent the other parent from having unsupervised visitation if you can prove that this puts the mental, physical, or emotional health of your child at risk.
Filing for Sole CustodyFiling for sole custody of your children starts with petitioning the court for sole custody which Illinois allows you to do within your divorce petition. In addition, a Child Custody Affidavit, also known as a Uniform Child Custody Jurisdictional Enforcement Act Declaration, must be submitted to the court. This document informs the court of your child’s current living situation, including where they live and with whom, and should include details of other child custody cases past or present that involve your child.
After submitting these forms, your spouse needs to be informed of your petition for sole custody. The sheriff will serve your spouse the appropriate documentation, including a summons to appear in court. The spouse can contest your petition for sole custody within 30 days which will take the matter to court for a hearing.
Temporary OrdersDuring the divorce proceeding, you and your spouse can petition for a temporary custody order to make living and decision-making arrangements for your child while the divorce proceeding is ongoing. This order will determine where the child will live and whether one or both parents will be responsible for the decision making. These orders are temporary and are replaced by the permanent custody arrangement at the conclusion of the divorce. When forming the permanent custody arrangement, the courts may incorporate elements of the temporary order if the arrangement is successful. Divorcing couples can also submit a custody arrangement that they have created themselves to the court. The court will approve the custody arrangement if it deems the terms of the arrangement to be in the best interest of the child.
Burden of ProofAs mentioned above, Illinois courts prefer to award joint custody unless one parent is unfit or if both parents cannot make decisions for their child together. The parent petitioning for sole custody must prove that the spouse is unfit to be awarded sole custody by the court. You can submit documentation including bills, exchanged emails, police reports, and other relevant paperwork to help build your case for sole custody. However, your case must be built in good faith. If the court believes that you are trying to alienate your child from the other parent or that you are intentionally being uncooperative to show that you and your spouse cannot work together, there is a good chance you will not get sole custody. It is even possible for the court to award soul custody to your spouse if you do not act in good faith.
The following documentation can help you build your case that the other parent is unfit:
- Employment record: Proving that your spouse cannot hold a job will help your case because this will show that they cannot provide financial support for the child. While this will help you get sole custody, it will not affect the court’s decision regarding that parent’s visitation, or parenting time.
- Poor living conditions: If you can show that your spouse maintains poor living conditions that can threaten the health and safety of your child, this can help your case for sole custody.
- Abuse: Proving emotional, physical, or sexual abuse, or substance abuse, will likely get you full custody.
- Capability: If you can prove that your spouse is not physically or emotionally capable of caring for the child, you are more likely to gain sole custody.
While building a case to show that your spouse is an unfit parent, you must simultaneously build a case to show that you can handle the parental responsibility that comes with sole custody. The following will help you prove that you are capable of handling sole child custody:
- Talk about your child’s best interests: Discuss the habits, schedule, and daily routine of your child throughout the proceedings to show that you are aware of your child’s best interests and willing to work to uphold them.
- Discuss the involvement of the other parent: If you plan on allowing your spouse parenting time with your child, discuss how they will be involved with visitation and decisions. Your willingness to work with your spouse will help your case.
- Talk about specifics: The courts are most interested in the specific details of how you plan to support your children and meet their specific needs. Simply proclaiming your love for your child is not enough.
- Dress formally: Appearing in court in the proper attire will help show that you are responsible enough for sole custody.
- Prepare necessary paperwork: Make sure your paperwork and supporting arguments and evidence are in order before your court date. This organization will help you better present your case and show your level of responsibility.
- Don’t attack your spouse: It is very important to base your case on provable facts and to avoid attacking your spouse. Personal attacks will hurt your case for sole custody. Keeping your approach professional will help your case and if the other parent is truly unfit, it will show in court.
Hire a Family Law Attorney for Child Custody Hearings
Sole child custody is difficult to obtain unless there is clear evidence of abuse on the part of the other parent. When courts in Illinois make their decision on child custody, they will not only consider the petition and wishes of the parents, but also the relationship the child has with each parent and sibling, the mental and physical health of the children and parents, the willingness of the parents to help their children have a close relationship with each parent, the child’s adjustment to their home and school, and any history of abuse or domestic violence.
One of the best ways to improve your chances of being awarded sole custody of your child is to enlist the help of a family law attorney that is experienced in dealing with child custody disputes. Our attorneys at Allen Gabe Law, P.C. have years of experience dealing with child custody disputes and we will always work with the best interests of your children in mind. We will help make sure that you submit the proper documentation to petition for sole custody and we will also offer you guidance to help you build your case.
Contact Allen Gabe Law, P.C. by calling (847) 241-5000, Ext 121 to discuss your child custody case with our experienced family law attorneys.Controversial relationship: how to get the right to a child | Articles
In Magnitogorsk, a young man with difficulty was able to get custody of his younger sister after the death of his mother - the right to a child was unexpectedly declared by a previously convicted father, who had never been interested in their life. The story is not over yet - as in many other similar cases, the family will face long legal battles. "Izvestia" figured out what awaits minors, for the guardianship of which several parties claim at once. nine0007
How children are divided in court
22-year-old Yaroslav Ionush, a member of the Ministry of Emergency Situations, has recently become a temporary guardian for his eight-year-old sister - their mother died two years ago. However, this had to be achieved through the courts.
Yaroslav said that their mother died at the age of 38, when his sister was six years old. He took responsibility for the child, since even during the life of his mother he replaced the father of the girl - the man who was his stepfather left the family in 2014 and later did not take any part in her life. He also did not come to the funeral, he did not express a desire to pick up his daughter. However, Yaroslav was denied guardianship of his sister, since his father is alive and he must first be limited in his rights. nine0004
contentious relationship
Photo: depositphotos/Kostia777
The courts turned out to be a difficult test - the girl's previously convicted father filed a lawsuit to transfer the child to him for upbringing, and guardianship, citing some kind of psychological examination, stated that the girl wants to live with him . Yaroslav suggested that her father decided to take custody of her daughter for financial reasons.
When the man tried to establish contact with the girl, he failed - she refused to go out with him, was not happy with his gifts. New forensic examinations confirmed that the girl had no connection with her biological father. nine0007
As a result, he was limited in parental rights, and in September Yaroslav received temporary custody of the girl - so far only for six months. After this period, legal proceedings may begin again.
In Moscow, a court recently took place in another similar case - former cohabitants argued for the right to raise a child. This story began in the winter of 2021 - Adamkhan Shukurov took his 10-month-old daughter and kept her for more than a week. It was possible to rescue the girl with great difficulty, but this was followed by litigation. At the trial, Shukurov's side claimed that his former cohabitant Oksana Smetankina was a bad mother, but could not confirm this. As a result, the court took the side of Smetankina, establishing her right to a child. nine0004
contentious relationship
Photo: ITAR-TASS/Stanislav Krasilnikov
Both cases ended successfully, but the child experiences great stress in such situations. For example, a few years ago, near St. Petersburg, a seven-year-old girl was taken away from her grandmother and handed over to her father, who was convicted three times and was serving a sentence at that time. It was possible to cancel the decision of the administration only through the court with the participation of the Commissioner for Human Rights in the Leningrad Region. And in Tyumen, at the beginning of the year, a whole epic unfolded, when the child was taken away from the relatives of the deceased spouse by force in order to give it to the father by a court decision. nine0007
What are the interests of the child
Lawyer Viktoria Dergunova notes that all disputes about children, regardless of who they are between, should always be resolved in the interests of the child. At the same time, the Family Code does not disclose this concept, so it must be interpreted in accordance with the Convention on the Rights of the Child and the practice of the European Court of Human Rights.
- In the jurisprudence of the ECtHR, the “best interests of the child” are primarily considered the following two: maintaining ties with the family, unless it is established that these ties are undesirable, and the possibility of developing in a healthy environment , Dergunova told Izvestia. - The court should not be engaged in predicting how a child's life will turn out in a family about which he has no memory, with whose members he has no emotional connection.
She notes that the interests of the child should be understood as a frame of reference within which the situation in which the child is located should be considered.
— The ECHR has repeatedly emphasized the inflexibility of Russian legislation in terms of regulating the issues of a child's communication with significant people who are not included in the circle of his close relatives within the meaning of Art. 55 Family Code ,” Dergunova said. — Inflexibility is expressed in the fact that Russian legislation contains an exhaustive list of persons entitled to contact with a child. The legislation does not provide for any exceptions, nor does it take into account the variety of family circumstances that may be taken into account in order to ensure the best interests of the child.
contentious relationship
Photo: depositphotos/dimaberkut
As a result, she notes, In practice, situations often arise when a person who is not a relative of the child, but who is deeply attached to him and cared for him, under no circumstances has the right to communicate with him .
Attorney Anton Zharov notes that the current legislation on guardianship and guardianship contains an indication of the priority of appointing guardians or trustees only for grandparents, adult brothers and sisters of a minor ward, and great aunts and grandfathers, cousins and sisters are not covered by this rule. articles. nine0004
He notes that in Russia the family is elevated to the rank of something sacred - if a person is biologically related to a child, then he acquires significant rights, which leaves an imprint on judicial practice.
- As a result, the priority of the child's interests over the priority of parents suffers , - he explained to Izvestia. - Although, in principle, we have stipulated that the court should decide on the place of residence of the child in a disputable situation based on his interests. And a lot depends on the judge. The Supreme Court has repeatedly said that it is necessary to avoid a formal approach in such cases, that it is necessary to examine not only the materials of the case, but also communicate with people, and require guardianship to carefully examine relationships in the family. Another thing is that with the existing workload and qualifications, do judges always do this? Probably not always. nine0004
Another question is guardianship behavior, Zharov notes. In his opinion, the principle of its work can be described as "no matter what happens."
“Guardianship agencies often take the least resistance approach so that, God forbid, there is no scandal,” he says. - The interests of the child in this case often play a secondary role, because each state body seeks first to save itself, and then, if possible, to save the children. And after all, no one will condemn the guardianship authority for giving the child to the father - it is much easier to pretend that we do not see any other circumstances, that here is the father, he is the father. nine0007
contentious relationship
Photo: Izvestiya/Alexander Kazakov
What guides the court when choosing a guardian
O. E. Kutafina, co-founder of the ANO for the legal support of women and children "Mom in the right" Elena Grin notes: according to Art. 63 of the Family Code, parents have the priority right to raise their children over all other persons and have the right to demand the return of the child from any person. nine0004
“But the court has the right not to transfer the child if it considers that such a transfer does not meet its interests ,” she told Izvestia. - For each specific case, everything is investigated - how this parent took care of the child during the life of the other parent, the conditions created for the child, whether he remembers him, from the age of 10, the opinion of the minor himself is also taken into account.
Lawyer, specialist in family law Larisa Vetter also notes that the only legal representatives of the child are the parents. nine0004
- That is, , according to the meaning and norm of the law, it is first necessary to restrict the rights or deprive the rights of a parent if there are good reasons , - she told Izvestia. - And only then the person who takes care of the child can be considered as a potential guardian. Restriction and deprivation of rights are the most difficult cases. It is necessary to prove that the parent harms the child by his actions.
Grin notes that in such cases a forensic psychological examination of parent-child relations is carried out, which is otherwise called “psychological and pedagogical examination”. In the course of it, the personality of the child, father, mother and other relatives who plan to live or live with him, as well as the psychological characteristics of their relationship, are examined. nine0004
“The courts are very sensitive to the preferences of a child over 10 years old ,” Grin said. — In younger children, the preference question is rarely asked because the child's opinion largely depends on the opinions of the adults around him, and also because such a question can exacerbate the child's internal conflict and affect the results of the entire study.
contentious relationship
Photo: RIA Novosti / Vladimir Song
If a question about preferences is asked and the child responds with a clear desire to live with one of the parents, then the expert must determine whether this desire is a free desire of the child or a repetition of other people's words and the result of psychological influence, Grin explains. According to her, at a younger age, when answering this question, the child more often chooses the parent in front of whom he experiences more fear. The hostile moods of the child in relation to one of the parents, the expert must also clearly understand and determine their nature - it happens that negative feelings are fueled by another parent and do not basically contain serious problems in the relationship between the parent and the child. nine0007
How parents deceive the court
“Guardianship is often regarded by negligent relatives as a tool for obtaining benefits and other types of state support ,” Alexey Gavrishev, managing partner at AVG Legal, told Izvestia. “However, thanks to the work of guardianship authorities, as well as the provisions of the law, in most cases such intentions are easily detected and mercantilely motivated relatives do not receive guardianship.
Victoria Dergunova also notes that it will be difficult for an unscrupulous parent to deceive guardianship and court - his sincere desire to take the child will not be enough here.
— It will be necessary to provide evidence that confirms the intention and desire of unscrupulous parents to take the child into the family: communication with him, transferring funds for his maintenance, interest in his fate, she says.
Larisa Vetter notes that, nevertheless, a parent who acts for any mercenary reasons can obtain custody of a child. nine0004
— There are no exact mechanisms and tools, everything rests on the inner conviction of the court, the impression that the situation makes, she emphasizes. - That is why it is important to have evidence that can refute the words.
Elena Grin notes that in this situation, an expert in the field of psychology must establish the motives of the parent, the characteristics of his personal relationship with the child, the characteristics of all family members.
contentious relationship nine0007
Photo: RIA Novosti / Vladimir Pesnya
How to get custody of a child
A potential guardian must collect a whole package of documents, including references from the place of work and from the place of residence, proof of income, a police certificate of no criminal record, a medical report on the state of health, an act of examination of living conditions.
But in order to prove to the court that the child should live with you, especially with a living parent, you need to have strong arguments. nine0007
“You need to record your participation in the life of the child and at the same time the non-participation of the biological parent in it,” says Larisa Vetter. - School, clinic, institutions of additional education - everyone should be aware of the situation. Then, if necessary, they will be able to confirm the real state of affairs. In addition, you need to turn to a negligent parent for the maintenance of the child, oblige him to participate in life, receive education, and so on.
Victoria Dergunova also notes that it is necessary to collect certificates from the special developmental classes that the child attends, present evidence of the work of a psychologist and a conclusion about his psycho-emotional state. nine0007
— In these disputes, the main thing is to convey information to the court about what really is the “best interests of the child”, in connection with which the process of collecting evidence is difficult, — she notes.
Sole responsibility when applying for a visa: who is considered the guardian of the child and how to confirm the status
The immigration law of the United Kingdom contains rules according to which a minor child can come to the country accompanied by one parent. Immigration consultant RSL - LAW Oliver Westmoreland talks about the difficulties a parent has with sole responsibility and how they can be overcome.
RSL-LAW staff often encounter a situation where one parent applies for a UK visa with a child, while the other parent does not participate in the process for various reasons. This may be due to death, divorce, separation, or a desire to stay in your home country for work reasons. nine0007
Sole custody requirements
In the event of the death of the other parent, it is unlikely that there will be any difficulty in applying for a visa. In all other cases, in order to meet all the requirements of sole custody that the UK visa service puts forward, the applicant must provide evidence that for a certain period of time he was the main person fulfilling parental obligations to the child.
The immigration rules state that if the second parent is not on the application form, one of the following must be true when applying for a visa:
- Applicant is the only living parent of the child;
- Applicant parent has sole custody and is solely responsible for the child;
- The presence of serious, compelling family or other grounds (treatment, education, participation in any project) for obtaining a visa in connection with the need for the child to stay in the UK.
The third paragraph is an overarching provision that allows the UK Visas and Immigration officer to resolve the issue on his own in difficult cases, since his duties and powers allow him to make discretionary decisions (that is, decisions of his own discretion). nine0007
In most cases, parents rely on paragraph 2, which does not mean full sole responsibility in the literal sense, but rather that the applicant parent must show that he bears b o greater responsibility for the child on over a sufficient period of time.
Who will be considered the sole guardian?
It is believed that it is easier for a mother to obtain sole custody of a child, however, according to statistics, the chances of both parents in this case are initially equal. nine0007
To prove your responsibility for the child, when applying for a visa, you must provide facts such as:
- whether the child's parents are married;
- if the parents are divorced, which of them is entrusted with guardianship;
- which of the parents financially supports the child;
- which of the parents makes decisions on the upbringing, education, treatment of the child, etc.
In the event that the applying parent fully covers the costs and meets the material needs of the child, this is not considered sufficient for a positive decision on this issue. The parent needs to prove that he makes important decisions in the life of the child, that is, an element of care must be clearly traced. For example, you can take the situation when the child lives only with the applicant parent (it happens that children live with relatives), then the existence of a real emotional connection between them is obvious, and this is a key element in determining responsibility as exclusive. nine0007
How to confirm the status of a guardian
To confirm the status of the sole guardian of a child, it is enough to provide documentary evidence, for example, a parent's application to the school. This is important for understanding: (a) the extent of the parent's involvement in the child's life and (b) the fact that the other parent is removed from the upbringing process. A copy of correspondence or documents from religious, medical and other institutions may also come in handy.
Who has the hardest time? nine0200
The above rules create some difficulties mainly for two-parent families where parents raise a child together, but due to certain circumstances, one of them remains in his native country (due to business, elderly parents, etc.), and the other plans to leave, so that the child, for example, could receive a British education.
Existing rules are clearly hostile to such situations and families. Apparently, immigration officials have not yet considered this option. nine0007
If you have any questions about sole custody, we will be happy to provide you with qualified legal assistance.
This article is the intellectual property of RSL-Law, is published for informational purposes and does not constitute legal advice. Our team will be happy to provide more detailed information at the consultation.
For any questions about immigrating to the UK, buying or selling real estate, setting up a new business, running an existing business, or personal or corporate bookkeeping, please contact our UK qualified specialists in Russian and English info@rsl-law.