The steps involved in preparing to obtain custody of a child in Illinois are as follows:Review the "Common Questions" to understand when and how you can get child custody.Complete and file the necessary forms with your County Court Clerk's office.Click on words that appear like 'this' to learn what these words mean.]]> Select from the list below:]]> When can custody issues be decided?There are several situations in which parents, and sometimes other interested persons, need to settle where their children will live and how decisions for their children will be made. Most often, custody decisions are made when parents divorce or, for unmarried parents, when paternity has been established.]]>What are the different types of custody?The two different types of custody are sole custody and joint custody.In a sole custody situation, the custodial parent alone makes all decisions concerning the child's welfare. If the parents have joint custody, it does not mean that they split the time with the child equally. Parents with joint custody share the responsibility to make important decisions concerning the child's education, religious upbringing and health care. But, one parent will still be the primary residential parent.]]>What is a joint parenting agreement?In cases of joint custody, the court generally asks the parents to prepare a proposed joint parenting agreement. The joint parenting agreement describes each parent's responsibilities for care for the children and child support. It also describes how major decisions for the children will be made by the parents, including education, health care, and religious training decisions. The joint parenting order should be specific about how proposed changes in the arrangements for the children or disputes between the parents concerning the order should be handled.The court should not award joint custody if the parents cannot realistically be expected to cooperate with each other to comply with the terms of a joint parenting order.]]>When can the Illinois courts decide custody for my children?If you have just recently moved to Illinois, Illinois courts may not have the authority to make custody decisions for your children. Generally, Illinois courts have the authority to make custody decisions for children who:Are living in Illinois at the time that the custody petition is brought to courtLived in Illinois within the past six months, but who were taken from Illinois, orOne of the child's parents or a person acting as parent is living in Illinois.The authority to decide child custody issues based on either of these two situations is called home state jurisdiction, and it is given top priority in determining which state has the authority to decide custody issues. Illinois may also decide custody cases when:No state, including Illinois, has home state jurisdiction A state that does have home state jurisdiction decides not to decide the custody issues because it is an inconvenient place to decide custody issues, or because someone involved in the case acted improperly to get a court to hear the custody issues. Additionally, either the child or parent must have a significant connection to Illinois Another state that could have exercised authority to take the case declined to hear the issues because it was an inconvenient place to decide the issues, or because someone involved in the case acted improperly to get a court to hear the custody issuesHowever, if a custody proceeding is going on in another state when you move to Illinois or when you are in Illinois and want to modify custody, Illinois may not have the authority to make custody decisions until the court in the other state declines to decide the new issues. Once an Illinois court makes a custody decision, Illinois keeps the authority to change or enforce that decision as long as the child or at least one of the parents continues to live in Illinois. To read more about when an Illinois court can decide a custody case, please see the information under "Related Articles."]]>Who can get custody of a child? Generally, only the child's parents can ask for custody. If the parents were not married when the child was born, the father must first establish his paternity. To read more about custody and unmarried parents, please see the information under "Related Articles."A non-parent may also ask for child custody in special circumstances where the child has been voluntarily and permanently left in the non-parent's care. A step-parent may ask for custody in the following situations:The child must be at least 12 years old; The step-parent must have been married to the child's custodial parent and living with that parent and the child for at least 5 years; The custodial parent must have died or become unable to care for the children and the step-parent must be caring for the child; The child wishes to live with the step-parent; It is in the best interests of the child to live with the step-parent. ]]>Can the father get custody of the child?Yes. In the past, Illinois had a rule that young children were placed with their mother unless she was unfit. That rule has been thrown out as unconstitutional discrimination against men. Now, men must be treated equally with women in custody cases.]]>How do I ask for custody?You must file a formal written request (known as a petition) for child custody with the circuit court. You may ask for custody in a dissolution of marriage petition, in a paternity petition, in an order of protection or in a petition for custody.]]>Do I need to file anything else with the petition for child custody?Yes. In addition to the petition, you have to file a Child Custody Affidavit. This Affidavit includes information about where and with whom the child is currently living and where and with whom the child has lived for the past five years. It also informs the court whether there are any other past or current custody cases concerning the child. In some counties, this affidavit may be called a "UCCJEA Declaration". UCCJEA stands for "Uniform Child Custody Jurisdictional Enforcement Act." The Affidavit/Declaration helps the court decide whether it has authority to hear and decide your case.]]>Do I have to let the other parent know that I have filed the petition?Yes. You must send the petition to the other parent. Since this is an initial filing for child custody, you must prepare a Summons and ask that the Sheriff serve it on the other parent. The other parent will then have 30 days from the date on which he or she was served to answer the petition or file an appearance in court. ]]>What do I do after the other parent has been served?If more than 30 days have passed from the date of service and the other parent has not filed an answer, you may ask the court to enter a judgment by default. If the other parent has replied to your petition, you will have to have a court hearing. You will have to follow all of the rules of the court in your county. These rules will tell you how to proceed further in the case.]]>Do we have to go to court if we agree on who should have custody?Even if both of you agree on who should have custody, you should get an order from the court on your agreement. An order signed by the judge will protect each parent's rights and will allow a parent to enforce the order. The order should clearly state which parent will have custody, what type of custody was agreed to and the visitation schedule. The parents should present the agreed order to the judge.]]>What happens if we cannot agree on who should have custody?If you cannot agree on who should have the custody, the court will hold a trial and decide who will be the custodial parent. This is often a difficult decision for the court to make so they may ask a social worker or psychologist to do a custody evaluation and report to the court. The court may also appoint a lawyer called a guardian at litem to represent the children and to help determine what is in the best interest of the children. The parents will be charged for any costs of these investigations.]]>What if we agree that our child's custody should be changed?If you and your child's other parent agree that custody of your child should be changed from one of you to the other you should file a Petition for Change of Custody with the court. To read more about child custody modification by agreement, please go to the "Related Articles" section.]]>What do courts look at to decide custody cases?The court will look at the best interests of the child when making a custody decision. The court will consider the following:The wishes of the parents The wishes of the child depending on age, maturity and education of the child The child's interaction with the parents The child's adjustment to home, school and community The mental and physical health of all parties Any past and ongoing acts of violence by a parent against the other parent or a child The willingness and ability of each parent to facilitate and encourage a close and continuing relationship between the other parent and the childThe court should not consider the conduct of a parent that does not affect his or her relationship with the child.At the trial both sides will present their evidence concerning these factors. The judge conducts the hearing and makes the final decision.As a practical matter, courts frown on moving children from a home they have adjusted to or from the custody of the parent who has provided the majority of care for the children for a period of time, especially if the children appear to be fine. Judges also frown on splitting children up. Drug or alcohol addiction can also be an important factor. You should also know that courts presume that children do best if both parents are involved in their lives to the maximum extent possible.]]>How do courts decide what is in the best interest of children?If parents disagree about custody it is a difficult determination for judges to make. Many judges appoint a lawyer to investigate and inform the court about the best interests of the children. This lawyer is called the "guardian ad litem." The parties are charged for the services of the guardian ad litem.Sometimes judges order that a child custody evaluation be completed by a clinical psychologist or social worker and be submitted to the court. This type of evaluation frequently involves psychological testing and interviewing of the children, parents and others who are involved in the childrens' lives. Judges may also order home studies or other investigations about the childrens' welfare.Some courts in Illinois have special mediation programs to help parents settle custody disputes themselves as an alternative to a contested custody trial. In mediation, a specially trained neutral person tries to help parties talk with each other and then identify and negotiate a custody arrangement. The parties are charged for the mediator's services.If the parents cannot agree, the case goes to trial, and the judge decides using the best interest factors described above.Some courts have special education programs for parents involved in custody disputes. The programs are designed to inform parents about how to assist their children in coping with the break-up of the family and the custody and visitation arrangements.]]>Do children have any say in a custody decision?Yes, particularly if they are 14 years old or older. The wishes of children are not controlling, however. Children are often placed in a very difficult situation when they are asked to choose between their parents. Judges often try to protect children by interviewing them in private without the parents being present.]]>What are my responsibilities if I am awarded custody or joint custody?Generally, if you are awarded custody you have the responsibility to make decisions about your childrens' upbringing, including where they live, their education, health care, and religious training. You must also follow the visitation schedule set in the court order.]]>What about visitation?A parent who is not awarded custody of the children has the right to reasonable visitation, unless a court decides the parent is a danger to the children. Reasonable visitation is commonly interpreted to include overnight visitation every other weekend (and often one evening during the week), two weeks during the summer, and every other holiday. Many courts award non-custodial parents more liberal visitation, believing that children do best if both parents are very involved in the childrens' lives.All custody orders should describe in detail the visitation schedule for the parent who will not have custody, as well as how transportation of the children for visitation will be arranged. Establishing a detailed visitation schedule can help avoid disputes over what reasonable visitation really means.]]>Can grandparents, siblings, or step-parents have visitation, too?Yes, under certain circumstances, these relatives can have visitation.Grandparents, great-grandparents, and siblings may be granted visitation rights of a child who is at least one year old if one parent is unreasonably denying visitation. At least one of the following conditions must also exist:the child's other parent is deceased or has been missing for at least three months;a parent of the child is incompetent as a matter of law;a parent of the child has been incarcerated in jail or prison for the three months prior to filing;the mother and father of the child are divorced or legally separated and at least one parent does not object to the grandparent having visitation; or the child was born out of wedlock and the parents are not living together (paternal grandparents must establish paternity). Any visitation rights granted before the filing of a petition for adoption of a child shall automatically terminate upon the entry of an order terminating parental rights or granting the adoption of the child, whichever is earlier.In determining visitation the court will consider:the preference of the child, if the child is old enough to express a preference; the mental and physical well being of the child; the mental and physical well being of the grandparent or sibling; the length and quality of the prior relationship between the child and grandparent or sibling; the quantity of the visitation time requested and the impact of the request on the child?s activities; whether the child resided with the petitioner for at least 6 consecutive months with or without the current custodian parent present; whether the petitioner had frequent or regular contact with the child for at least 12 consecutive months;any other fact that establishes that the loss of the relationship between the petitioner and child is likely to harm the child?s physical, mental and emotional health; and whether the grandparent, great-grandparent, or sibling was a primary caretaker of the child for a period of not less than 6 consecutive months. Step-parents may file for visitation if the following circumstances are met: the child is at least 12 years old; the child resided continuously with the parent and stepparent for at least 5 years; the parent is deceased or is disabled and is unable to care for the child; the child wishes to have reasonable visitation with the stepparent; and the stepparent was providing for the care, control, and welfare to the child prior to the initiation of the petition for visitation. If the court determines that it is in the best interests and welfare of the child, the court may issue any necessary orders to enforce visitation privileges. A petition for visitation privileges may be filed whether or not a petition has been previously filed or is currently pending.]]>How does the court decide on the amount of child support?Illinois law has set certain minimum guidelines for child support. Under the guidelines, a non-custodial parent must pay a certain percentage of his or her net income as child support. The percentage increases with the number of children that must be supported. For more information on child support, see the "Related Articles" section.]]>What about health insurance for my children?You can ask the court to order that the non-custodial parent include the children in any group care health insurance plan available to the parent. Any premiums the parent must pay for the health insurance coverage should be deducted to determine his or her net income for purposes of setting the child support amount.Courts may order the non-custodial parent's health plan to enroll the children in the parent's health plan, under a "Qualified Medical Child Support Order." These orders are helpful because they prevent the health plan from refusing to enroll children because of any enrollment period limitations. They also prevent the health plan from removing the children at the direction of the non-custodial parent.]]>May I move out of state with my children?If you were awarded custody or joint custody of your children in a divorce case, you may not move out of state with your children unless you ask the court for permission. You can do this by filing a "petition for removal." You need to show that moving the children out of state would serve the children's best interests.Judges are supposed to look at several factors in making a decision to approve a move out of state, including whether the move will improve the quality of the children's lives, whether the real reason for the move is to prevent the other parent from having a continuing relationship with the children, and how the non-custodial parent will be able to continue to visit the children.If you are not married to the father of your child (your boyfriend or ex-boyfriend) and there is no custody order, you generally do not need any permission before moving. However, if the father of the child files a paternity action, you will have to return to Illinois to fight the case. If you don't participate in the case, the father might get the custody of the child from the court. If you were awarded custody in a paternity action, it is not clear whether you need to ask the court for approval to move out of State. The Illinois Appellate Court has decided that the custodial parent does not need to ask permission in this situation. However, this does not mean that the custodial parent will not run into trouble for preventing the other parent from having visitation as established by a court order.]]>What about moves within the state?If you have been awarded sole custody of the children, you may decide to move the children within the State, unless a court order specifies otherwise. You may run into problems, however, if your move prevents the visitation schedule set out in the court order. A move that interferes with visitation rights may be considered a circumstance justifying a change in custody.]]>How can I change a custody decision?Unless the parties agree, a court's custody decision may not be changed within two years unless you can establish that a change in circumstances has occurred that would seriously endanger the children's physical, mental, moral or emotional health. Even after two years, a custody decision may be changed only where clear and convincing evidence shows that a change has occurred that affects the welfare of the children and that a change in custody is necessary to serve the children's best interest.Generally, if both parents agree, the court will modify a joint parenting order in the child's interest at any time. If both parents do not agree, the parent seeking modification needs to meet the same standards for modifying sole custody judgments. ]]>Even if I don't have custody, may I see my child's records?Yes, parents who don't have custody may review their children's records including school records and records from health care providers or child care providers unless an order of protection has been entered against a parent barring the parent from inspecting the records.]]> You may use the following forms and instructions to help you solve your problem. If the county you live in is listed, use the forms for that county. If the county you live in is not listed, use the General Forms, if available, and check with the Clerk of the Court in your county. Click here to find the location of your Clerk's office.]]>6899index.cfm?fuseaction=home.dsp_content&contentID=6899Forms for a Father to Establish Custody If There Is No Proof of PaternityUse these forms to show paternity and get custody of children if the father and mother were never married and there is no proof of paternity6900index.cfm?fuseaction=home.dsp_content&contentID=6900Forms for a Mother to Establish Custody If There Is No Proof of PaternityUse these forms to show paternity, get custody of children, and receive child support for mothers who were never married to the father and wish to establish custody6901index.cfm?fuseaction=home.dsp_content&contentID=6901Forms for a Father to Establish Custody If Paternity Is AcknowledgedUse these forms to establish custody of children for fathers who were never married to the mother, are not paying child support, and have established paternity 6898index.cfm?fuseaction=home.dsp_content&contentID=6898Forms for a Father to Modify Custody Use these forms to modify custody for fathers paying child support, but who were never married to the motherListed below are other articles that you may find helpful.Note: You may leave this page when you click on a link below.]]>2151index.cfm?fuseaction=home.dsp_content&contentID=2151Tips for Going to Court2400index.cfm?fuseaction=home.dsp_content&contentID=2400How to Modify a Custody Order of Minor Children in Illinois34index.cfm?fuseaction=home.dsp_content&contentID=34Child Custody Modification by Agreement1313index.cfm?fuseaction=home.dsp_content&contentID=1313When Can an Illinois Court Decide My Child Custody Case?31index.cfm?fuseaction=home.dsp_content&contentID=31What to Do If Your Child Is Abducted1767index.cfm?fuseaction=home.dsp_content&contentID=1767How Do I Get Child Support?4362index.cfm?fuseaction=home.dsp_content&contentID=4362C?Conseguir Custodia de un Ni?title>