Child Custody

Fighting for the custody of your child may be one of the single most important struggles you may face in your life. The future of your child and the way he or she will be raised will be impacted greatly depending on the outcome of your custody case. The Law Offices of Louis R. Fine are here to help you win that fight and arrive at the best solution in the interest of your child.

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(Statute 750 ICLS 5/601 et seq)

Who can file an action for child custody? An action for child custody may be brought 1.) by a parent filing a for dissolution of marriage or legal separation or declaration of invalidity of marriage; or for custody of the child in the county in which the child is a permanent resident or found; or 2.) by a person other than a parent, by filing a petition for custody of the child in the county in which the child is a permanent resident or found, but only if the child is not in the physical custody of one of his parents.

The person filing an action (case) is called the Petitioner or Plaintiff. The person who is required to answer an action is called the Respondent or Defendant.

Where can I file for child custody? An action for child custody may be filed at 28 North Clark Street, Chicago, Illinois, Room 200, at the Daley Center in Chicago, or in the appropriate district court (Rolling Meadows, Markham, Skokie, Bridgeview, Maywood). Where you file depends on whether the request for custody is part of a divorce preceding, a paternity action, or whether it is a separate action.

If the request for custody is part of a divorce proceeding, the parties may enter into a written or oral agreement regarding custody of the child(ren). this request would be made to the appropriate court in which the dissolution of marriage action (divorce proceeding) is being determined.

If the request for custody is part of a paternity action, an Order regarding custody may be requested once paternity has been established. This request would be made in the appropriate court in which the paternity action is being determined.

If the request for custody is filed as a separate action, you must file in the appropriate court.

Where can I obtain the documents necessary to file for child custody? The party filing for child custody must prepare a petition or “Motion” requesting custody of the child. Some guidelines for the preparation of this Petition or Motion are available from the Clerk’s office.

The Respondent will need to file an “Appearance”. A “Domestic Relations Cover Sheet” will also be required for an initial filing of a case.

These documents or instructions for documents which you must prepare for yourself may be obtained at 28 North Clark Street, Chicago, Illinois, Room 200, at the Daley Center in Chicago, or in the appropriate district court.

How many copies of these documents will I need? Once you obtain or prepare the appropriate documents, you will need the original and three copies of each of the documents. The original is for the Court file, one copy is for the Petitioner, one copy is for the Respondent and one extra copy is for your records. You will need only one copy of the Domestic Relations Cover Sheet.

The Clerk of the Court will stamp these documents and will assign you a court date. you will need to serve the other party in the case, notifying them of the court date.

What are the costs of filing a child custody action? For an original filing (new filing), the fee to file a Petition or Motion for Child Custody will be $220.00; and the service of process fees will depend on the distance the Sheriff needs to travel to serve the other party in the case.

If the request for custody is made as a motion in an existing case, there is no fee for filing this motion.

The Appearance fee for the Respondent will be $104.00. If a party cannot afford the fees imposed, that party may file an “Application to Proceed Under Supreme Court Rule 298″ (a pauper’s petition). This application may be heard by the judge on the same day as it is filed. If the application is granted, the fees for that party will be waived.

What will the court consider when determining child custody? The Court shall determine custody in accordance with the best interest of the child. The Court shall consider all relevant factors including: 1.) the wishes of the child’s parent or parents as to his or her custody; 2.) the wishes of the child as to his or her custodian; 3.) the interaction and interrelationship of the child with his or her parent or parents, his or her siblings, and any other person who may significantly affect the child’s best interest; 4.) the child’s adjustment to his home, school and community; 5.) the mental and physical health of all individuals involved; 6.) the physical violence or threat of physical violence by the child’s potential custodian, whether directed against the child or against another person; 7.) the occurrence of ongoing abuse, whether directed against the child or directed against another person; and 8.) the willingness and ability of each parent to facilitate and encourage a close and continuing relationship between the other parent and the child.

Therefore, in summary, the person asking for custody of a child will have to file a Petition or “Motion” requesting custody and will have to prove that they should be awarded custody. In making a determination as to who will be granted custody of a child, the Court will consider the wishes of all parties, the character and health of those parties, the child’s adjustment and the ability of the parties to cooperate and encourage a close relationship between each parent and the child. The Court will consider what would be in the best interests of the child(ren) in making its custody determination.

Unless the Court finds the occurrence of ongoing abuse, the Court shall presume the maximum involvement and cooperation of both parents regarding the physical, mental, moral and emotional well being of their child is in the best interest of the child.

On your court date, you will have an opportunity to present your petition and prove that it would be in the best interest of the child(ren) to award custody to you.