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Know the Difference Between a GAL, Child Attorney, and Child Representative
When a couple separates, they may have a difficult time agreeing on child custody. When this happens the court has a number of ways of getting the information they need to decide child custody.
Many people are familiar with the guardian ad litem (GAL); however, under Illinois law, a court may appoint an attorney for the child or may use a child representative to assist in a child custody dispute. These are different than GALs and it is important to understand their roles in deciding custody matters.
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Guardian Ad Litem: A guardian ad litem is an attorney the court appoints to represent the best interests of the child. The GAL will meet with the child, visit his or her home or school, review evidence, and make sure they are familiar with the facts of the case so that they will be able to advise the court on the child’s best interests. The GAL’s central goal is understanding and advancing the best interests of the child.
Establishing Paternity and Paternity Fraud
When a child is born and the parents are not married, it is important for both parents to establish paternity. By establishing paternity, a child’s biological father is recognized as the legal father, with the rights and responsibility the law provides.
Under Illinois law, there are several ways to establish paternity. Unfortunately, the system may be manipulated to force a man, other than the biological father, to assume responsibility for a child.
How to Establish Paternity
Illinois allows parents to establish paternity in four different ways:
- Voluntary Acknowledgement of Paternity (VAP) Form: This is a form that both parents may sign. It is a legal document under Illinois law; when the parents sign, they both agree to support the child and the father’s name is added to the birth certificate;
- Marriage: If a child is conceived before parents were married but the parents marry before the child is born, the marriage of the father and mother legally establishes paternity;
Order of Removal: Can I Move With My Child After a Divorce?
Moving to a new city or state for a new job, or just to be closer to family is a decision many people make without a second thought. However, if you have a custody order, then you may not be able to simply pick up and move. You may first have to get the permission of the court.
Order of Removal
Under the law, prior to January 1, 2016, a parent with primary custody of a child could not move out of state without first getting an order of removal from the court authorizing the move. A parent could, however, move anywhere in Illinois without court approval.
One of the family law changes that goes into effect January 1, 2016 changes this rule. The new rule looks at the distance involved in the move instead of just considering moving across state lines.
If the child lives in Cook, DuPage, Kane, Lake, McHenry, or Will counties, then the parent can move anywhere within 25 miles without the permission of the court. If the parent wants to move outside of Illinois, so long as the new residence is within 25 miles of the old residence, then no court permission is needed. In the other counties a parent could move with a child up to 50 miles away without seeking an order of removal.
Child Custody Basics: What is a Guardian Ad Litem’s Role in Custody Disputes
Child custody and visitation are some of the most difficult issues to resolve in a divorce or separation. Sometimes a court enlists in the help of a Guardian Ad Litem (GAL) to provide unbiased information and opinion to help resolve the dispute. If a court appoints a GAL, then both parents must understand the GAL’s role and how they may impact their child custody case.
What is a Guardian Ad Litem?
Using Illinois law, a court may appoint a GAL to assist in child custody disputes. When a GAL is appointed to investigate a child custody dispute, they are looking to ensure the best interests of the child. The GAL will speak with people involved in the child’s life. This includes parents, grandparents, siblings, aunts/uncles, and even the child’s teachers and doctors. Most importantly the GAL will talk with the child.
Difficult Decisions: Divorce and Substance Abuse
Divorce is one of the most turbulent times anyone may experience. It can drain a person both emotionally and financially. As unpleasant as divorce can be, there are many factors that further complicate the decision to initiate a divorce. These factors include fear about splitting assets, child custody disputes, and determining alimony payments. Factoring in a spouse with a substance abuse problem can make the decision to divorce more difficult than usual.
Factors to Consider
When considering whether or not to divorce a spouse with a substance abuse problem, many emotions may begin to surge. Many spouses feel guilty and feel that they are abandoning their partner. However, there are several factors you will want to consider when making a decision about your marriage and how to deal with your spouse’s addiction. These factors include:
Visitation Basics: Your Child Wants a Change in Visitation
A child’s feelings and attitudes towards their parents change over time. These changes can be influenced by changes at school in a child's social groups and by his or her experiences surrounding the divorce of a child's parents. In some cases, certain changes can support a custody or visitation modification. To be sure, mistreatment by a parent or stepparent can support a change in custody. The same can be said for illegal activities or activities that endanger the child, like drug or alcohol abuse.
However, what if the child simply does not like to spend time with one parent? In this case, can the child choose to simply live with or spend more time with the other?
What if We Just Do Not Get Along?
The parent-child relationship is not always perfect, and often, especially during adolescent years, the child may simply not like his or her parents. Or, the child may get along well with one but not the other. This raises one question: how much can your child’s preference factor into visitation and custody decisions? In reality, your child’s preferences are important but do not ultimately determine child custody and visitation.
Custody and Visitation 101: Visitation Basics
Deciding child custody and visitation can be complex for divorcing parents. This is particularly true if you did not choose your custody and visitation arrangement or would like a change in custody. Whether you have agreed to your child custody arrangements or a court ordered it, it is still important to understand the basics of custody and visitation according to state law.
Parents Have a Right to Reasonable Visitation
Under Illinois law as it currently stands, non-custodial parents are entitled to reasonable visitation. Generally, courts prefer that children have some contact with both parents and do not prefer to restrict visitation rights. In most cases, courts only restrict a parent’s visitation if they believe that a parent will pose a danger to the child. This does not mean that visitation is unlimited or without structure. Visitation must be reasonable for both parents.
Orders of Protection: Legal Protection From Domestic Violence
You should not live in fear of another person. If you are divorcing or separating from your partner and he or she is harassing or abusing you, you may be able to request an order of protection to protect yourself from further harm.
An order of protection provides a set of rules detailing how an individual can interact with the individual who requested the order. It is against the law for the other person to violate the order. If you are living with abuse, you should not hesitate to contact an experienced attorney for help with your situation.
Types of Orders of Protection
Under the Illinois Domestic Violence Act, there are three different types of protection orders available to domestic violence victims:
- Plenary Order of Protection: This order can be granted after the victim and his/her alleged abuser have appeared in court to present their cases to a judge. Plenary orders are generally long term and can be valid for up to two years;
Requesting a Change in Child Custody
There are not many issues in a divorce that are as difficult as deciding which parent a child will live with post divorce. Even after a court has decided child custody and visitation, one parent may want to request changes to custody throughout the child’s youth. There are several reasons why a noncustodial parent would want to seek a change in custody; such reasons may include:
- A fear the child’s safety will be threatened if they remain with custodial parent;
- A desire to lower child support payments; or
- A tactic to cause emotional harm to the custodial parent.
Whatever the reasons are for wanting a change in child custody, modifying a child custody order involves more than demonstrating who is the better parent.
The Child’s Best Interests
Parenting Time Amid Allegations of Domestic Violence
One of the most difficult things to deal with is an allegation of domestic violence in the middle of a family law case. Because judges rightfully take domestic violence claims seriously, even unfounded allegations can drastically affect the way a family law case moves forward. Sometimes, even parenting time is cut off. If you are the subject of domestic violence allegations, you need to understand your rights.
Types of Allegations
There are several different types of domestic violence allegations. If one party accuses the other of abuse in a court filing or during testimony, the court will have to consider what proof is available to support these claims. While these allegations will be taken seriously, they are often given less credence than other types of allegations.
When criminal charges have been filed, or an Order of Protection has been issued, judges will usually not allow the accused parent to have any parenting time until either the allegations have been fully dealt with in other court cases or arrangements are made to protect the children.
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