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Are Non-Parents Ever Eligible for Custody?
Parents are traditionally, legally and historically associated as the primary caregivers in their child's life. This standard is supported by the fact that society and the law presume parents to be the most fit individuals to provide for their child's needs and to make decisions in their child's best interests. This paradigm works well in the vast majority of families, including those in which child custody is shared following a divorce or separation. However, in a minority of families, one or both parents are unavailable to provide adequate care, usually due to illness, substance abuse, or criminal issues. These children still require care, and if the living situation at home is unsafe or unstable, then alternate arrangements must be found.
The question that routinely arises in these situations is the long-term custody rights of non-parents to care for these children. In the worst case, these children end up — at least temporarily — in foster homes or State shelters. In fact, a recent article about Illinois' handling of children unable to live with their parents reveals hundreds suffered unnecessary weeks and months in State psychiatric facilities, even though cleared for release, because there was nowhere for these children to go. Children should always have the benefit of growing up in a supportive environment.
The Purpose of Child Legal Advocates in Family Law Cases
Divorce, child custody and child support are all emotional and difficult legal issues that separated families face. Parents typically intend to shield their children from the stress and negative emotions of these proceedings; however, sometimes, they leach out anyway. Further, even in the best of situations, the best interests of the child can become lost in the midst of legal battles.
To ensure the child's needs are properly addressed and considered, a Judge has discretion to appoint a child advocate to help him or her better understand the child's situation and the type of arrangement that would best promote the child's healthy development. Attorneys are used for such an appointment and would serve in one of three differing capacities intended to provide a voice to the child's past and current situations.
Enforcing Alimony in Illinois
Former spouses who receive alimony, or maintenance, are often cast by society as greedy and lazy, using this support to avoid becoming employed and self-sufficient. What many people fail to understand is that alimony is rarely a permanent form of financial assistance, and the vast majority of recipients need that money in the short-term to get their lives in order after a divorce. Recipients count on this money as a major part of meeting financial obligations, and suffer huge detriments when it is not paid.
Payors sometimes feel resentful over this obligation, and some choose to sidestep the responsibility by failing to pay the required amount. Alimony awards are legally enforceable, and the party denied rightful payment has the ability to petition a Court to force compliance. Usually, any penalties associated with violations are limited to additional financial outlay; however, in more extreme cases, criminal charges are possible.
The New Frontier in Divorce: Dividing Cryptocurrencies
Looking for points of disagreement in a divorce is not particularly hard to do. Couples facing the end of a marriage often find the avoidance of giving in to volatile emotions that are easily triggered difficult. One area that is especially prone to the dispute is the division of marital assets. The more complex and valuable the property at stake is, the more invested each spouse is in getting the share he or she thinks is appropriate.
Property division is even more important now that federal tax law eliminates deductions for maintenance payments (spousal support), thus giving the higher-earning spouse much less incentive to agree to pay maintenance as part of a divorce settlement or pre-/post- marital agreement. This means the lower earning spouse will have to hope a large property settlement comes his or her way.
Is Annulment Ever a Realistic Option?
Deciding to marry should be a happy time for a couple — a time filled with celebration and joy, not thoughts of possible separation and divorce. A happy marriage inherently requires both parties to enter into the union voluntarily and freely. This dynamic is supported by age requirements that the law places on the ability of a couple to get married — the minimum age being 18 — without parental consent. However, even with this rule, not all marriages last and a significant percentage end their union at some point. Divorce is one option to which most couples instinctively turn when contemplating severing their marriage; however, annulment is an alternative some could consider.
Studies show that the younger a person marries, particularly prior to age 20, the more likely he or she will get divorced. Delaware, in an effort to eliminate the possibility of child marriage, is on the cusp of becoming the first state in the country to ban this possibility by removing any exceptions to the minimum age requirements. When a couple marries at a very young age, a higher risk of the relationship ending results. Thus, could an annulment be an option?
Appellate Court Rules Non-Biological Parent Has Rights
Dividing child custody (legally termed parent responsibilities) is a critical, complicated, and emotional undertaking that challenges even the most cooperative spouses getting divorced. Practically speaking, both parents will have to compromise and cede some amount of authority and autonomy over the child's life in order to facilitate sharing responsibilities with the other parent.
Until a Court order says otherwise, both legally recognized parents (typically, those biologically related to the child) have full rights to make any decision on the child's behalf and to determine the child's physical location, without the other parent's knowledge or permission. Once a Court order is issued, though, this expansive ability to make unilateral decisions stops if parental responsibilities are shared, which is almost always the case.
Addressing Alcohol Abuse in Child Custody and Divorce
Couples decide to divorce for a variety of reasons, though finances and the stresses of parenthood are often at the top of the list. However, one factor that greatly increases the likelihood a marriage will end is alcohol or other forms of substance abuse.
Forming and maintaining intimate relationships with spouses and children when judgment is routinely impaired, and priorities are more often focused on finding the next drink, is almost impossible. This behavior can leave other family members feeling unsupported and neglected. Moreover, these issues can be of particular importance if the addicted spouse is entitled to ask for parenting time in a divorce.
The safety and security of minor children is a general societal concern, and both the Courts and state agencies have a vested interest in protecting children from possible harm due to a parent's alcoholic tendencies. One woman, who was recently arrested in the Chicago area for drunk driving and dubbed “one of the worst DUI offenders in the U.S.,” lost custody of her 11 children due to past behavior and the number of convictions and outstanding warrants on her record. Alcoholism can cause a huge disruption in a person's life, and this does not end when a divorce case is filed.
The Consequences of Ignoring a Court Order
When a couple goes through a divorce, both spouses typically assume ongoing obligations under a Court order or private settlement agreement, especially when child custody issues and support are a concern. Reconciling oneself to years of mandatory obligations is rarely easy but is necessary to avoid unpleasant legal consequences. However, the law will not support or ignore individuals who attempt to get out of legally enforceable obligations that commonly are most damaging to the needs of the child and not the former spouse.
Courts have a number of ways to compel action from an individual trying to shirk his or her responsibilities, and the most powerful one is holding someone in civil contempt of Court. While this is principally used as a last resort when other collection and compliance methods have failed (i.e. wage garnishment, property liens, suspension of licenses, etc.), this option is an effective measure to spur action.
Springfield Considering a Coparenting Approach to Custody
Dividing parental responsibilities is always a tricky proposition, as each parent is likely to believe he or she is best equipped to provide for his or her child's physical needs and emotional support system. However, the reality in most homes is one parent is typically more involved in a child's day-to-day needs and scheduling requirements.
When this factor aligned with the model used to allocate parenting time, a Court is more likely to give the bulk of the responsibilities to the parent who is more involved. This allows continuity for the child to be maintained. However, the situation often leaves the other parent feeling as though he or she has no real opportunity to have equal time with the child, or an ability to make a significant contribution to the child's life.
Further, fathers are typically more affected by this tendency, which serves to reinforce the stereotype that single fathers have little desire to engage with their children on a meaningful basis. A Bill is currently under consideration in the Illinois legislature that would change the child custody model used by Courts so that both parents would start from the presumption of having equal time with their child.
Unconscious Bias Influences Judges' Child Custody Decisions
Child custody is never an easy issue to resolve, even when parents form their own agreement, because the issue is intricately tied to powerful emotions and relationships that are central to the family structure. Settling parenting responsibilities on the heels of divorce becomes even more complex if the Court is asked to decide an arrangement that will govern future interactions.
Sometimes, when parents experience high amounts of conflict, or have legitimate concerns about the child's welfare, Court intervention is necessary. Because of the importance of child custody, the impartiality of the Judge overseeing the disposition of the case is crucial.
Historically, and according to gender stereotypes, women are traditionally seen as the parent most suited to taking the primary role of caretaker in divorce, with the father receiving much less parenting time comparatively. Recent research into the gender bias affecting the Court system showed that Judges were highly prone to injecting personal bias into child custody decisions that favored the mother, and discouraged the father from taking a meaningful role as caretaker.
Introducing The Law Office of Nicholas W. Richardson
Nicholas W. Richardson is an experienced divorce lawyer and mediator whose comprehensive legal knowledge, commitment to clients and reputation for results bring lasting solutions to your problems.
The Law Office of Nicholas W. Richardson, P.C. serves clients in Illinois cities such as Palatine, Schaumburg, Inverness, Arlington Heights, Rolling Meadows, Glenview, Hoffman Estates, Bartlett, Des Plaines, Elk Grove Village, Mt. Prospect, Niles, Prospect Heights, Skokie, Streamwood, Barrington, Buffalo Grove, Wheeling, and others throughout Cook County, DuPage County, McHenry County, and Kane County.
Results listed are not a guarantee or indication of future case results.
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