An Illinois Child Custody Affidavit is a legal document used to establish the custody arrangements of a minor child or children in the State of Illinois. It is used to establish the rights of the parents or guardians to make decisions regarding the child’s health, education, and welfare and to allocate parental responsibilities. The affidavit is typically used when the parents cannot agree on a custody arrangement and must submit an agreement to the court. There are two types of Illinois Child Custody Affidavits: Joint Custody Affidavit and Sole Custody Affidavit. The Joint Custody Affidavit is used when both parents agree to share legal decision-making authority and responsibility for the child. The Sole Custody Affidavit is used when only one parent is granted legal decision-making authority and responsibility for the child. Both types of affidavits can include a visitation schedule, a parenting plan, and/or a plan for the allocation of parental responsibilities.
Illinois Child Custody affidavit
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How to fill out Illinois Child Custody Affidavit?
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The petition may be submitted independently or as part of a divorce, separation, order of protection or parentage case. You must file all forms electronically, unless you have been granted an exemption. Unless you qualify for a fee waiver, you will have to pay filing fees, usually around $300.
Until paternity is established, the mother has sole custody of the child. Sole custody means the mother has full legal and physical custody of the child. A father needs to establish paternity through a court-approved method to get his rights to the child.
An emergency custody order temporarily awards custody?called parenting time and parental responsibilities in Illinois?to one parent if the court believes the child's well-being is at risk. It is not an order of protection and will not restrict the other parent's access to see their child.
You will need to submit a petition to the court as well as a Child Custody Affidavit to start the process. You will also need to prove to the court that your ex-spouse is an unfit parent and that you are fully capable of handling the responsibilities that come with sole custody.
Lack of communication and visitation with the child for 12 months. Lack of reasonable concern, responsibility, or interest with regards to the child's well-being. Inability to protect the child from unsafe conditions. At least one year of habitual drunkenness or drug addiction.
The petition may be submitted independently or as part of a divorce, separation, order of protection or parentage case. You must file all forms electronically, unless you have been granted an exemption. Unless you qualify for a fee waiver, you will have to pay filing fees, usually around $300.
How do I get sole custody of my child? To get sole custody of your child, you must convince the court that it is in the child's best interest for you to be the only one making major decisions in the child's life. You do this by presenting evidence proving the other parent is unfit to make major decisions.
Under Illinois law for unmarried parents, the mother has sole decision making and parenting time of the child or children, until the father comes forward and establishes paternity or the court determines paternity, or the father petitions the court for any form of custody.