Table of Contents
What is custodial interference in Illinois?
Categorized as Child Custody & Visitation. Visitation interference occurs when the custodial parent in some way interferes with your ability to spend parenting time with your child or visit with them. In Illinois, a parent has a couple of options when the other parent interferes with their parenting time.
Does Illinois favor mothers in custody cases?
The short answer to this question is that Illinois courts do not favor mothers over fathers in custody determinations.
When can a child refuse visitation with non custodial parent in Illinois?
At What Age Can a Child Refuse Visitation in Illinois? There’s no specific age at which a child can refuse visits; however, it may be harder to force a teenager to cooperate with visitation than a toddler. A child won’t face sanctions for avoiding visits, but the other parent can face consequences.
At what age can a child refuse to see a parent in Illinois?
So, the answer to question “at what age can a child choose not to visit the non custodial parent in Illinois?” is “there is no exact age.” In Illinois, there is no magic age where a child can decide if they’ll follow the court’s visitation orders or not. Actually, there is a magic age, the age of 18…
What is considered an unfit parent in Illinois?
A parent is unfit if they are unable to be responsible for a child. If a parent is deemed unfit, that directly impacts decisions of child custody and placement. A parent is deemed unfit if there is proof of things like abuse or neglect.
What are the unjustifiable conduct grounds for declined UCCJEA jurisdiction?
The unjustifiable conduct grounds for declined UCCJEA jurisdiction is primarily designed to prevent a parent from wrongfully taking a child across state lines in order to create UCCJEA jurisdiction in a state of their choice. Marriage of Nurie (2009) 176 CA4th 478, 511–512, 98 CR3d 200, 229.
What does unjustifiable conduct mean in a custody case?
The Second Department agreed that “unjustifiable conduct” meant that one might not claim home state jurisdiction by hiding a child for six months. However, the court determined that the father’s alleged “unjustifiable conduct” was refuted by the facts of the particular case.
When does the UCCJEA say a court has jurisdiction?
So, in section 201 where the UCCJEA says “a court of this State has jurisdiction to make an initial child-custody determination only if . . . .” it doesn’t really mean what it says.
Does the home state have UCCJEA jurisdiction over an unborn child?
The home state requires the child be born; no state has UCCJEA jurisdiction over an unborn child. Haywood v. Super.Ct. (Haywood) (2000) 77 CA4th 949, 955, 92 CR2d 182, 186–187.