Columbia Divorce and Family Law Blog

When someone other than a child's parent gets custody of that child, it is referred to as third-party custody. This generally only takes place when the biological parents either don't want their children or are unable to take care of them. Those in Illinois and elsewhere who want to obtain custody of a child must first show that they have standing to do so. For instance, a court may find that the person whom the child lives with could become a child's legal parent.

This person could be anyone from a grandparent to an aunt or family friend. Older siblings may also be allowed to adopt younger siblings if they demonstrate the ability to do so. If an individual is deemed worthy of petitioning for custody, it must still be shown that there is a good reason to allow the petitioner to have it.

There has been an increase in children born to unmarried individuals. This increase is seen across the country, including in Illinois. In the United States, it is estimated that 40 percent of children are born to unmarried parents. This is an 18 percent increase from 2007.

The legal system in the United States is based on the idea that a baby's parents are married to each other. One could ask what happens if the biological father does not want to be included in the child's life and is not listed on the birth certificate. Is it automatically assumed that the mother has sole custody of the child, or does the mother have to file for custody? This can be a sticky situation because some mothers may be concerned that if they do not file for child custody, an absentee father may reappear in the future and demand joint custody or demand regular visitation.

Typically, a court will allow noncustodial parents in Illinois to see their children after a divorce. In some cases, a judge will order that visitation happen under the supervision of another person or occur in a public place. In some cases, visitation rights are granted under the condition that a parent seek help for an anger, substance abuse or other type of problem.

Ideally, a parent will comply with such an order as quickly as possible. Doing so shows the court that a mother or father is willing to do whatever it takes to be in the child's life. When creating any sort of visitation order, a court will determine what is in the kid's best interest. In most cases, anger or other issues will be seen as a threat to a son or daughter's safety.

Illinois parents with child support obligations could face negative consequences if they fail to make full payments. This is true even if a custodial parent withholds visitation or otherwise interferes with the relationship between the noncustodial parent and child. Generally speaking, the courts see child support and child custody or visitation issues as two separate matters. Therefore, a parent would need to go to court to remedy any visitation issues.

Those who are having a hard time keeping up with their current support obligations could ask for a child support modification order. This may be granted if a parent has lost a job or is experiencing some other financial difficulties. Child support could also be terminated if a child is emancipated. However, a court will determine if a child is mature enough to be on their own before granting such a request. In some cases, child support orders will remain in effect if it's possible the child might ask for assistance after emancipation.