Child custody in Illinois refers to the set of legal rights that are granted to a biological or adoptive parent in Illinois upon receiving custody of their child in a divorce or legal separation setting. For instance, a parent who has legal custody over their child in Illinois will have the right to make important legal decisions on behalf of that child.
Examples of important decisions that an individual possesses when they have legal custody over a child include, but are not limited to:
- The right to make educational decisions for the child, such as what type of school they go to, what type of courses the child should take, and other educational choices
- The right to make religious decisions regarding what religion to raise the child in, if any
- The right to make legal decisions on behalf of the child, such as whether or not to enter into certain legal contracts on behalf of their child or represent the child in a lawsuit
- The right to make medical decisions for the child, such as whether or not the child should undergo invasive and noninvasive procedures
- The right to make decisions regarding the psychiatric treatment for the child
What Is the Process for Obtaining Custody of a Sibling?
When it comes to obtaining custody of a sibling in Illinois, a family court will consider certain factors when awarding custody of a child. Specifically, the factors considered by a family court in Illinois can be found in Illinois Statutes Chapter 750.
That statute provides that a family law court will consider the following factors when awarding custody of a child:
- The desires of each party that is seeking custody
- The child’s wishes, if the child is competent enough to make their wishes known to the court
- The amount of time that each individual seeking custody has spent in executing caretaking responsibilities pertaining to the child in the 24 months before the filing of any petition for custody
- Any course of conduct or prior agreements between the parties seeking custody of the child
- The interrelationship and interaction of the child with their siblings and parents and with anyone else who may substantially impact the child’s best interests
- The attachment of the child with respect to their community, school, or extracurriculars
- The mental and physical health of all parties seeking custody, as well as the mental and physical needs of the child
- Any evidence of physical violence or threat of physical violence by any party seeking custody
- Each parties’ willingness to place the needs of the child ahead of their needs
- Any other factor this court finds to be relevant
It is important to note that when considering all of the above factors, family law courts will always make a custody decision based on the child’s best interest standard. The child’s best interest standard is a legal standard that all family courts adhere to when making decisions regarding children and child custody.
Under the standard, any decisions that will affect a child, such as child custody or visitation rights, should ultimately benefit and protect the child. As such, when it comes to awarding custody of a child to their older sibling, the older sibling must follow the same process of any other person seeking custody. In other words, they will likely need to file for a Petition for Custody, or a Petition to Modify Custody if someone already has custody of their sibling.
After filing the petition, the sibling will need to then serve the petition on whatever party has current custody of the child, if any. Then in order to get custody of a sibling the older sibling will need to prove their case by demonstrating that based on the factors above, awarding them custody is in their sibling’s best interest.
How Old Do You Have to Be to Take Custody of a Sibling in Illinois?
In the state of Illinois, in order to obtain custody of a sibling, you must be at least 18 years old. Additionally, you must be able to demonstrate stability, independence, and the ability to financially support your younger sibling.
Can a Sibling Be a Legal Guardian?
As mentioned above, yes, a sibling may be a legal guardian for a younger sibling. It is important to note that there is a distinction between being awarded a guardianship and being awarded custody of a younger sibling. However, the two court orders allow the older sibling to help make decisions on behalf of their younger sibling.
When it comes to obtaining custody of a younger sibling, a family law court will typically only award custody to an older sibling in extreme circumstances. For example, an older sibling may be considered for custody if there are no parents or grandparents available to assume custody of the child, or if there is evidence of child abuse by those parties.
This is because the child’s best interest standard generally presumes that awarding child custody to a child’s biological parents is in the child’s best interest. In fact, custody is automatically awarded to a child’s mother upon the birth of the child.
As such, a sibling seeking custody will have to rebut the presumption that custody should be awarded to the child’s parent by demonstrating that awarding them custody is in the child’s best interest standard.
What Else Should Be Considered?
It is important to also consider the costs associated with obtaining custody of a sibling, as the process for obtaining custody of a child is not free. When it comes to estimating the overall cost of a custody case, the following will affect the total cost:
- Whether or not the custody is contested or uncontested
- Uncontested child custody cases are going to cost less to resolve than contested cases
- However, if child custody is contested, the dispute will likely be more complicated and include taking depositions, filing temporary motions, excessive court time, and often the hiring of expert witnesses, such as child psychologists and other experts
- Whether or not a specialist or expert witness is required
- Some custody cases require the assistance of a specialist or an expert, such as a child psychologist, which can increase the cost of the custody case
- The total cost of attorney fees
- When it comes to custody cases, it is often advised to seek representation from a local attorney in Illinois. Attorney fees will then vary based on the amount of time the attorney spends on the case, as well as the attorney’s hourly fee
- The total cost of other miscellaneous fees
- There are also miscellaneous fees that add up quickly in child custody cases, including the cost of process servers, paying court costs, paying for a mediator, paying for certified copies of documents, and other fees that may occur on a daily basis
Do I Need an Attorney for Sibling Custody Issues?
As can be seen, numerous presumptions are taken into consideration when determining the legal custody of a sibling. As such, if you are seeking custody of your sibling, it is in your best interests to consult with an experienced Illinois child custody lawyer.
LegalMatch can assist you in setting up a legal consultation with a custody lawyer in your area. An experienced child custody attorney will be able to help you understand your state’s specific laws on obtaining child custody as a sibling, including any custody presumptions that are utilized by your local family law court.
Additionally, an attorney will also be able to help you gather the necessary evidence to rebut any child custody presumption that may be unfavorable to your case. Finally, an attorney will also be able to represent you in court as needed.
