Court determines child custody in divorce cases
One of the primary concerns of a divorcing couple is the welfare of their children, particularly if the children are minors under age 18.
In Illinois, the court can enter temporary or final orders concerning custody of the children. The court awards either sole custody to one parent or joint custody to both, based on the children's "best interests." In a joint custody situation, the children have their primary residence with one of the parents, while the other parent has visitation rights. Joint custody, which is granted based on the parents' ability to cooperate with each other for the children's benefit, requires that the parents sign a Joint Parenting Agreement as part of the dissolution of the marriage.
Whether the parent has been granted sole or joint custody, his or her rights may be terminated by the court for several reasons:
- Abandoning the children.
- Failing to maintain a reasonable degree of interest, concern or responsibility.
- Deserting the children for more than three months.
- Repeatedly neglecting or being cruel to the children.
- Failing to protect the children from harmful conditions.
Should the court "terminate" parental rights, it means that the parent is no longer legally considered the children's parent and no longer has any of the rights or responsibilities of a parent, including the right to see the child or children.
Note: This information was prepared as a public service by the Illinois State Bar Association and is a joint project with the Illinois Press Association. Its purpose is to inform citizens of their legal rights and obligations.
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