There has been an increasing push for child custody laws across the country to be reformed so as to ensure children get equal time with both parents. This movement was in part supported by recent studies indicating children do best in divorced households where they spend time living with both of their parents.

There are two types of custody: joint and sole custody. Sole custody means only one parent makes all of the decisions related to the child. Joint custody on the other hand is granted only if both parents can show they have the ability to cooperate consistently on issues that directly affect the child. Typically speaking, one parent is labeled as the custodial parent and they are the one with whom the child primarily resides.

Custody Reform

There has been an increasing push for child custody laws across the country to be reformed so as to ensure children get equal time with both parents. This movement was in part supported by recent studies indicating children do best in divorced households where they spend time living with both of their parents.

There are two types of custody: joint and sole custody. Sole custody means only one parent makes all of the decisions related to the child. Joint custody, on the other hand, is granted only if both parents can show they have the ability to cooperate consistently on issues that directly affect the child. Typically speaking, one parent is labeled as the custodial parent and they are the one with whom the child primarily resides.

Custody Reform

Any divorce involving children is exceedingly challenging and emotionally charged, but when a divorce involves disabled or special needs children, the stakes become much higher. The term the “best interests of the child” – one which is used in Illinois – becomes all the more paramount. As such, the approach to a divorce proceeding requires a more nuanced and open-minded touch because the needs of a disabled child will change the calculus and focus of the judge. There are four critical issues that must be addressed with when a divorce involves children with disabilities.

Critical Issues to Consider

The first issue that must be addressed involves visitation agreements and the transition between homes. Typically, in situations involving joint custody, parents alternate weekends or have visits scattered throughout the week. In the case of children with disabilities this may not be the appropriate approach depending on their physical and mental limitations. Changes to a daily routine can be exceedingly problematic for children with mental disabilities because it can be very disruptive and stressful. For example, even something as minute as a different lunch time or babysitter can be very disruptive to a child with autism or similar conditions.

Moving after a divorce is a common practice. Often it happens before the divorce is complete. There are almost no restrictions on where a divorced party can move so long as they meet their agreed upon obligations. The primary time relocation can be tricky is when children are involved.

Relocation Involving Child Custody

It is not uncommon for divorced parents to live near each other, but at the end of the day power or decision of relocating the children lies with the custodial parent. The custodial parent is the parent the children live with primarily. Under Illinois law, the custodial parent has the right to move children after a divorce so long as any stipulations, agreements, or restrictions agreed to in the custody agreement are honored and maintained. Furthermore, despite having the right to relocate, the noncustodial parent still should be notified in advance so they may have the opportunity to object if they so desire. Advanced notice is especially critical for parents looking to relocate out of state, because there are then additional steps that may take place if the noncustodial parent wants to stop the move.

Many times, children are the central point of arguments in any family or divorce proceedings. Often, little attention is paid, however, to the rights of children themselves. Parents frequently overlook these rights, instead focusing on their own concerns.

It is important that children are adequately and fairly represented to ensure their best interests are kept in mind. And, in the legal world, there are multiple legal personnel equipped to represent the interests of the children. There can be confusion as to the different options and the names are often used interchangeably, but there are three main options available under Illinois law: guardian ad litem, child representative, and attorney for child.

Guardian Ad Litem