Columbia Divorce and Family Law Blog

While every family court judge tries to rule in the best interest of the child in each case, the reality is that mistakes happen. In custody cases in Illinois and across the United States, judges may make a judgment call that isn't right. Thankfully, parents have the right to appeal most custody orders, but the rules regarding these appeals can vary between one state and another.

The first thing to consider is whether the order in the custody case is final. A final order is one in which the court has reached its ultimate conclusion on the issue. A final order is typically entered after a hearing is held and all arguments are heard. If an order isn't final, that means there are still issues to be decided at the trial level. Without a final order, an appeal isn't appropriate yet. The rules regarding these appeals depend on the laws of the state the court sits in, so parents may want to consult an attorney with experience in family law in their state.

As Illinois parents know, child support is usually the responsibility of the non-custodial parent. However, while this might be simpler to establish when one parent has custody and the other parent has visitation rights, the question of how child support is paid when parents share custody is more difficult to answer.

Joint custody, or shared custody, happens when parents split legal or physical custody of the child equally. This means that parents share the responsibility of the day-to-day raising of their children. So, while the Child Support Standards Acts governs child support obligations by parents, deciding how and when child support is paid during joint custody is a separate issue, particularly since states have different regulations and formulas for establishing child support amounts. In some states, when shared custody is concerned, child support is not established. In others, the child support amount is split in half and each parent is responsible for that half, or the amount is calculated based on the number of days a child spends with a parent. There are also states where the parent who has a higher income is determined as the non-custodial parent and continues to pay child support. In some cases, the parents reach an agreement about child support payments themselves.

Sometimes, a parent in Illinois will object to children staying at their other parent's home due to inadequate living accommodations. A child custody dispute could end up in family court where a judge will examine the situation and decide the issue. Although judges have some leeway when deciding individual cases, they will evaluate a parent's living accommodations, according to basic guidelines.

The gender and age of a child could influence a decision especially if the child is the opposite sex of the parent. A judge might want to ensure that an opposite-sex child has a private area for dressing, sleeping and using a bathroom. Age could become a factor because a judge might believe that an older child needs more room than a very young one. Available living space also matters when a parent needs to accommodate multiple children. A judge may or may not accept an arrangement that requires children to share a bedroom or sleep on a couch.

Some Illinois fans of the reality TV show "Southern Charm" may have heard that one of its former cast members, Thomas Ravenel, was detained in September on charges of assault and battery. His ex-girlfriend and TV co-star, Kathryn Dennis, responded on Oct. 26 by filing for a modification in their custody and visitation agreement. The two share custody of their children, a 4-year-old daughter and 3-year-old son.

Ravenel was detained on Sept. 25. Reportedly, his children's former nanny accused him of sexual assault, and a source says these charges are related to that. A woman he met on Tinder has also accused him of sexual assault. Through his lawyer, he has denied both charges.