Effective January 1, 2016, the Illinois child custody laws will undergo extensive changes. While there will be changes in the terminology, the procedures, and the structure of child custody, many factors will remain the same. However, the changes will affect new cases as well as old cases where a modification is sought.
What is Different
The biggest difference with regard to the new Illinois custody law changes is the terminology. Courts will no longer be charged with awarding custody to one parent or another. Instead the court will be required to assign parental responsibilities and parenting time to both sides. Therefore, parents will need to demonstrate to the court why they should be given the majority of the parenting time or the responsibility for being the primary caretaker of the child.
One new procedure that the law adds to cases involving children is the requirement that both sides present a parenting plan to the court within 120 days after the petition in a case has been served. The two sides can file a joint plan, or if they cannot agree, the two sides can each submit their own plan.
Judges can extend the time for the submission of the parenting plan if there has been good reason shown for an extension. If the two sides cannot come to an agreement, the judge will set an evidentiary hearing and make a ruling about the allocation of parental responsibilities and parenting time.
What is the Same
Many of the basics of the law will remain the same—judges will still be required to make decisions in the best interests of the child. Judges will continue to appoint custody evaluators, although the title of the experts will likely change. Additionally, the court will still be using the same criteria for determining if a parent is a fit parent or not.
Child support will work in the same way it has under the old law—a child will primarily live with one parent in most instances, with the other parent getting parenting time on a regular schedule. Finally, parents will still be required to take a mandatory parenting class early on in the case.
If you have questions regarding custody, parenting time, or any other family law issue, please contact a skilled Schaumburg family law lawyer. Call Glasgow & Olsson today at 847.577.8700 to schedule a consultation to discuss your case and your options.
Source:
http://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=075000050HPt%2E+VI&ActID=2086&ChapterID=59&SeqStart=8350000&SeqEnd=10200000