In our last post, we discussed guardians ad litem in Illinois and examined their role in a child custody dispute. In this post, we will look at another important role in custody battles: that of a custody evaluator.

Similar to cases in which guardians ad litem are appointed by the court, custody evaluators are often appointed when a custody battle is complex or hostile and the judge needs objective information about the parents and their home lives in order to make a custody decision.

What Is a Custody Evaluator?

A custody evaluator is usually a trained psychologist or a psychiatrist. They are responsible for investigating the mental health, home situation, and parenting capabilities of each parent, as well as getting to know each child in order to determine what is in their best interests. Parents may be required by the judge to pay for the custody evaluator themselves.

During a contentious divorce or custody battle, parents may not be able to agree on what is best for their child. A judge, who is a third-party observer, will hear arguments from both parents’ lawyers but may still need to know more. One way courts in Illinois deal with situations like this is by appointing a guardian ad litem to represent the interests of the child. This is especially true when there are allegations of abuse. But what exactly is a guardian ad litem, and what can you expect them to do in your case?

What is a Guardian ad Litem?

A guardian ad litem (GAL) in Illinois is a person who has undergone specific and ongoing training that qualifies them to act as an independent representative of a child in a divorce or custody case. They are also often a licensed attorney, but when acting as a GAL, they do not represent either of the parents, but rather function as a kind of special investigator whose role is to collect information and analyze the entire family situation of the child.

Even if a parent requests a guardian ad litem be appointed by the court, the GAL is concerned only with understanding a child’s best interests. They will meet with parents, teachers, and extended family members, assess each parent’s living situation, and investigate any allegations of domestic violence or abuse. They will then create a report to detail their findings.

In 2019, Illinois Governor J.B. Pritzker signed the Illinois Cannabis Regulation and Tax Act and changed the way marijuana is treated under Illinois state law. Although marijuana use and possession remain illegal under federal law, this follows a national trend of legalizing marijuana use on the state level.

Included in this new law are provisions which state that marijuana use in and of itself cannot be used as a factor in making decisions in child custody disputes. Judges, custody evaluators, and guardians ad litem are not allowed to discriminate against a custodial parent based on recreational or medicinal marijuana use.

However, this law has certain limitations. Like alcohol, marijuana usage can cross into unhealthy behaviors, particularly when children are in the picture. Keeping a few basic principles in mind will help you keep your children safe and ensure marijuana never becomes an issue in a child custody dispute.

As a parent, after you get divorced, it can be difficult to adjust to spending less time with your kids. You will want to do everything you can to prevent the possibility that you will be required to limit your parenting time further, including addressing situations where your ex plans to move to a new location that is farther away from your home. In cases involving parental relocation, you should be sure to understand your rights and how these matters are addressed in court.

Parental Relocation Under Illinois Law

Divorced parents who live in DuPage County and other counties in the greater Chicago area will need to meet certain requirements if they are planning to move to a new home that is at least 25 miles away from their current home. If a parent who has the majority of the parenting time with their child, or who shares equal parenting time with their former partner, will be relocating, they are required to notify the other parent at least 60 days before the date of the planned move, or at the earliest possible date if they make relocation plans within 60 days of moving.

If you have received a notification from your ex-spouse stating that they plan to relocate, you will want to determine whether their move will require a modification of your parenting plan. A greater distance between your homes may make it difficult or impossible for you to follow your regular parenting time schedule, and transportation arrangements may need to be modified. Child custody could also be affected, since you may be unable to visit your child’s school, attend or participate in their activities, or go to their doctor appointments and stay abreast of their medical needs.

In an Illinois divorce that involves children, parents are expected to reach a resolution on a parenting plan that defines the terms of how they will co-parent after the divorce. In some cases, the court must play a significant role in decisions regarding the parenting plan, including when there are major disagreements between the two parents. However, parents have the option of working together to create a plan that they both agree to, allowing them to retain more control over the resolution. A qualified family law attorney can help you create a parenting plan that protects the interests of you and your children.

What is a Parenting Plan?

Two of the most important components of a parenting plan are the parenting time schedule and the allocation of parental responsibilities.  The parenting time schedule should include the days that the children will spend living with each parent, as well as important details regarding transportation between homes, and in many cases, to and from the children’s appointments and events. The allocation of parental responsibilities outlines how the parents will contribute to decisions regarding the children’s activities, education, health, and other important matters.

Create Consistency in Your Parenting Plan

As you create your parenting plan, there are some important things to keep in mind, one of which is the value of consistency. A divorce will be hard on your children, so the more stability you and your spouse can create, the easier the transition will be for them. When establishing your plan, keep as many things in your child’s life consistent as possible. If your child has an extracurricular activity during the week, work that activity and any other regular events into the parenting plan. If your spouse picks up your child every day from school, continue that routine if possible. When changes do need to be made to the child’s schedule, communicate these changes with your spouse and make sure you both can commit to them.