Illinois Divorce and Child Custody

Illinois divorce cases are governed under the Illinois Marriage and Dissolution of Marriage Act, (IMDMA).  The Act is found at Chapter 750, Act 5.

Part VI, Custody, is found generally beginning with Section 601.  The topics covered include jurisdiction, best interest of child, parental powers-joint custody-criteria, temporary orders, interviews, investigations and reports, hearings, visitation, enforcement of visitation orders, visitation abuse, judicial supervision, leave to remove children, modification, enforcement of custody order or order prohibiting removal of child from the jurisdiction of the court.

Jurisdiction
Depicts who is capable of bringing a custody petition and who is capable of making a finding with regard to the custody petition.

Best Interest of Child
Sets the standard for how custody determinations are awarded.  It itemizes the factors that the court will consider.

Parental Powers-Joint Custody-Criteria
What joint custody means from a legal standpoint.  What the rights are of the parents or custodians.  What factors the court will consider in accepting or ordering joint custody.

Temporary Orders
The proper method for obtaining temporary custody orders.  The court may award temporary custody under the standards of Section 602.

Interviews
The court may interview the child in chambers to ascertain the child’s wishes as to his custodian.

Investigations
The court may order an investigation and report concerning the custodial arrangements for the child.

Hearings
Custody hearings receive priority in being set for hearing.  The public may be excluded and the record may be sealed if the court feels it is in the best interest of the child.

Modification
Petitions to modify a prior custody order within two years of its entry must be made on the basis of affidavits alleging that the child’s current environment may seriously endanger the child’s physical, mental, moral or emotional health.

For additional information see Jurisdiction to Decide Child Custody Matters Back to the Chicago Child Custody Lawyer home page