ILLINOIS CHILD CUSTODY -  IT IS IMPERATIVE THAT A PARTY SEEK THE SERVICES OF AN ATTORNEY, LAWYER OR LAW FIRM EXPERIENCED IN THE AREA OF FAMILY LAW WHEN THERE IS AN ISSUE OF CHILD CUSTODY. ONCE CHILD CUSTODY IS AWARDED TO ONE PARTY IT IS VERY DIFFICULT FOR THE OTHER PARENT TO SEEK A CHANGE IN CUSTODY.

Custody is a very important issue to be addressed by the court. Even if the parties agree on custody and visitation they must still attend a four hour course entitled "Focus on Children".

If the parties don't agree on child custody, the court will usually appoint an attorney for the child/children, have the Illinois Department of Supportive Services do a home study and require that there be a psychiatric evaluation of the parties. The court needs this additional input in order to make an informed decision as to which parent the child shall reside with and of course both parties will testify that they are the better parent.

It is important that all paternity judgments and orders provide specific dates and times for the non-custodial parent to have visitation with the child/children. To state that the parent will have "liberal and reasonable visitation" is not proper in that this is a matter of interpretation and is hard and almost impossible to enforce because the custodial parent could believe that the other parent seeing the child once a year is fair and reasonable. If the parties agree on joint custody, they must still agree as to which parent the child/children will reside with.

Joint custody, in and of itself, does not mean that the child will reside with both parties an equal amount of time. In almost all cases the non-residential parent will pay child support to the parent the child resides with regardless if there is full custody or joint custody.  In cases in Illinois where child custody is an issue, normally the parties will be referred to Focus on Children (a four hour class on parenting) and ordered to attend Custody Mediation (usually consisting of two sessions with a trained court mediator) in an attempt to settle the issue of custody. If settlement at that juncture is not successful, normally an attorney is appointment for the child / children, the Department of Supportive Services does a study of both party's homes and there would be a psychiatric evaluation of the parents.

At trial, of course, both parents will testify that they are the best parent and they should be awarded custody and therefore the court needs input from other sources to make an informed decision as to what is better for the child / children. The child's best interest and protection always comes first.