How to File for Custody in Illinois
Two primary laws in the state of Illinois permit you to file for child custody. The Illinois Marriage and Dissolution of Marriage Act allows you to seek custody are part of a divorced or legal separation case. The Illinois Parentage Act also includes a mechanism to seek custody in a paternity case.
Instructions
- 1
Obtain from the clerk of the court a standard form motion for custody (or a sample of such a motion). Court clerks in Illinois routinely maintain some basic motion forms or samples for use by individuals without legal representation.
2Complete the motion. The most important element of the document is to set forth why you believe you should be given preference by the court in regard to custody of a child.
3File the motion with the clerk of the court in the divorce, legal separation or paternity case.
4Deliver a copy of the motion to the other parent or his attorney. Illinois law requires that a copy of all motions be provided to the opposing party.
5Obtain from the clerk of the court or the administrative assistant of the judge presiding in the case a date and time for a hearing on your motion.
6Give notice to the other parent of the date and time of the hearing.
7Appear at the hearing and present evidence, documents, testimony and arguments in support of your desire to obtain custody of the child.
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