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Child Custody, Visitation, and State Removal FAQ
What factors are relevant in determining child custody?
The best interest of the child govern. That is determined by considering the following factors:
As a practical matter, if, and only if, the parents agree, joint child custody may be granted.
How is the amount and schedule of visitation determined?
There are no formal rules regarding the amount and schedule of visitation. Generally, Courts will permit a nonresidential parent to have parenting time with a child for up to 50% of a child's waking hours. So, parental involvement is encouraged. Nevertheless, there is no formal or legal presumption that necessitates extremely liberal visitation; a nonresidential parent must be prepared to prove it is in the child's best interest.
When may a custodial parent arrange remove a child from Illinois?
The best interest of the child governs. The following factors are relevant in determining the best interest of the child:
When may custody be modified?
In an adverse proceeding, a party must show that custody should change by "clear and convincing evidence." However, custody may be modified if the parties so stipulate.
This burden of proof by the noncustodial parent is far greater than the normal "by the preponderance of the evidence" burden. Even if the same factors are employed as in initial custody proceedings, the noncustodial parent now has the burden of proof, and that burden of proof, "by clear and convincing evidence," creates a clear presumption in favor of the custodial parent.
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Grounds for a fault divorce in Illinois are impotence, bigamy, adultery, desertion for one year, habitual drunkenness or drug addiction for at least two years, repeated and extreme physical or mental cruelty, felony conviction or imprisonment, and infection with a sexually transmitted disease.
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Your Right to Child Custody, Visitation & Support Cover Price: $ Your Price: $17.95 You Save: $7.00 "A Plain English Guide to Protecting Your Children" Author: Mary L. Boland, Attorney at Law
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