New Illinois Custody Laws in 2016 Pursuant to 750 ILCS 5/600, Effective January 1, 2016
The custody laws in the State of Illinois, including Palatine and Arlington Heights, are amended and changed as of January 1, 2016. All custody orders entered by a Court of the State of Illinois will be required to comply with this newly amended act.
Under the custody laws in effect until December 31, 2015, as stated in 750 ILCS 5/600 the court would determine the custodial parent based on what is in the best interests of the minor child. The court would also determine the fitness of the prospective parent and award custody based on those two criterion in most cases.
The party who did not have custody would be granted visitation with the children per section 607 of title 750. The visitation would typically occur during the week after school and on an alternating weekend basis.
If necessary, the court would employ a guardian ad litem to help determine what is in the best interest of the minor child when determining with whom custody should lie. The court could also order a psychological evaluation pursuant to section 604(b) of the Illinois Marriage and Dissolution of Marriage Act.
As we will see in subsequent blog postings, there are significant changes to the custody and visitation act which we will explore in great detail in upcoming postings.