Understanding Illinois Child Custody Laws

Naperville Divorce Attorney

In Illinois, the term "child custody" is no longer used. In its place, we use the term "parental responsibilities" when discussing parents' decision-making responsibilities for their childern, and we use "parenting time" to refer to the share of a child's time that each parent spends in the custodial role. This change in terminology is meant to reduce the sense of winning versus losing a custody case among parents, fostering a more collaborative approach to co-parenting after a divorce. Despite the change in terminology and perspective, many of the old custody determination rules are still in place. The most important rule used when determining an appropriate parenting time agreement is to always put the child's best interests first. Sometimes, determining a parenting time and parenting responsibilities arrangement that meets a child's needs requires the aid of an impartial custody evaluator.

In Illinois, a parent may petition to the court to hire his or her own custody evaluator to handle this job. Previously, the decision to allow a parent to hire his or her own custody evaluator was made at the judge's discretion. This does not mean that judges no longer have the ability to appoint independent evaluators – they do. But they cannot prevent a parent from hiring his or her own custody evaluator.

What Does a Custody Evaluator Do?

Much like a mediator, a child custody evaluator examines the objective facts present in a divorce scenario, as well as all parties' relationships with one another to determine a parenting time arrangement that is not only fair and equitable, but will allow the child to grow mentally, physically, and emotionally in a supportive environment tailored to his or her needs.

Custody evaluators are most frequently called in to determine parenting time arrangements when a couple with a child divorces. Their skills can also be utilized to determine whether a parent's proposed move out of Illinois or beyond the 25 or 50 mile relocation limit would be in the child's best interest. Numerous factors are considered to make this determination, such as whether the child would be able to realistically continue to have a consistent relationship with the other parent, how the child's quality of life would be affected by the move, and whether disrupting the child's current academic and personal life would be detrimental to his or her well-being.

In order to reach an appropriate parenting time agreement, the evaluator has to be a completely neutral party. This is where controversy over Illinois' law regarding a parent's right to hire one of his or her choosing can arise.

How a Custody Evaluator Works

A custody evaluator interviews both parents and, in most cases, each child two to three times during the evaluation process. He or she also examines relevant paperwork to the case, such as each child's academic and medical records, observations from teachers and other professionals like child psychologists, and any other relevant documentation that can give insight to the child's current lifestyle. The custody evaluator also observes the child's interactions with both parents and may ask all parties to complete a psychological evaluation in order to get a better sense of their mental well-being, values, and emotions about the divorce.

The results of the custody evaluation are not confidential. They cannot be; they are a key part of determining an appropriate parenting time arrangement.

The goal of a child custody evaluation is to create a fair portrait of a family's dynamics and each parent's role in his or her child's life. Be honest about your lifestyle, expectations, and resources during this evaluation. If you feel you are being treated or portrayed unfairly, talk to your attorney about your concerns. If the evaluator is not doing his or her job correctly, he or she might need to be dismissed, and a different evaluator might need to be brought in.

Work With a Naperville, Illinois Child Custody Attorney

The laws regarding child custody and child support in Illinois have changed in recent years. As a parent with a current custody order or one who is planning to go through a divorce in the near future, it is in your best interests to understand these laws and how they can come into play in your case. To learn more about Illinois' child custody laws, work with an experienced DuPage County family law attorney at Pesce Law Group, P.C. Call 630-352-2240 or fill out our online contact form today.