Parents in Illinois and throughout the country typically want to be involved in their children's lives. However, it may not always be in a child's best interest to interact on a regular basis with mom or dad. If a parent is denied custody, there may be things that parents can do to obtain custody in the future. For instance, a judge may allow custody after completing a parenting class or going to rehab.
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.
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.
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.
Under certain circumstances, an Illinois parent may need to turn over their children to another adult for a short period of time. This is referred to as temporary guardianship when the other adult isn't the other parent. A parent raising a child on their own may need to take this action if, for example, they were going to be out of town for an extended period or incapacitated while recovering from surgery. Establishing temporary guardianship allows a child to live with a non-parent adult who would be responsible for that child's care and well-being.
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.
When parents in Illinois are getting a divorce, one parent could be worried about the child's safety with the other parent. One father feared that his wife, who drank a lot, would drive with their 7-year-old son in the car. That father was also concerned about the fact that his wife wanted to delay the divorce in order to record herself taking care of the child. She had reportedly blocked him and given him no way to contact her, and he was concerned since he had been the child's main caregiver up to that point.
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.
Illinois, like many other states across the country, is home to a diverse population of immigrants. As a result, immigration law and deportation are important considerations for families that may face immigration status challenges. Such issues can also lead to disputes regarding child custody in the event that a parent is scheduled for deportation.