How to File for Custody in Illinois

The children's welfare should be first priority in a custody case.

Two primary laws in the state of Illinois permit you to file for child custody. The Illinois Marriage and Dissolution of Marriage Act allows you to seek custody are part of a divorced or legal separation case. The Illinois Parentage Act also includes a mechanism to seek custody in a paternity case.

Difficulty:

Moderately Challenging

Instructions

1. Obtain from the clerk of the court a standard form motion for custody (or a sample of such a motion). Court clerks in Illinois routinely maintain some basic motion forms or samples for use by individuals without legal representation.

2. Complete the motion. The most important element of the document is to set forth why you believe you should be given preference by the court in regard to custody of a child.

3. File the motion with the clerk of the court in the divorce, legal separation or paternity case.

4. Deliver a copy of the motion to the other parent or his attorney. Illinois law requires that a copy of all motions be provided to the opposing party.

5. Obtain from the clerk of the court or the administrative assistant of the judge presiding in the case a date and time for a hearing on your motion.

6. Give notice to the other parent of the date and time of the hearing.

7. Appear at the hearing and present evidence, documents, testimony and arguments in support of your desire to obtain custody of the child.

Tips & Warnings

• Seriously consider engaging the services of an attorney to represent you in your custody matter. Although the Illinois Bar Association or local bar associations cannot make specific recommendations regarding an attorney, these groups do maintain directories of attorneys in different practice areas. The Illinois Bar Association is available at:

• Illinois Bar Association

• Illinois Bar Center

• 424 S. Second St,

• Springfield, IL 62701-1779

• [phone]

• isba.org

• Under Illinois law, there is a different standard applied to a motion to establish custody in the first instance and a motion to change custody. Once custody is established in the first instance, you need to demonstrate what legally is known as a material change of circumstances. Examples of material change of circumstances include the custodial parent having health problems that prevent him from caring for the child or the desire of the custodial parent to move out of state.

References

• "Child Custody, Visitation and Support in Illinois"; Linda H. Connell; 2008
• Help Yourself Divorce: Illinois Child Custody Laws
• Find Law: Illinois Child Custody Law

Resources

• Illinois Divorce Laws: Child Custody
• Illinois Bar Association: Contact Information