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  1. #1

    Default Custodial Parent Not Encouraging Child's Relationship With the Other Parent

    My question involves a child custody case from the State of: Illinois

    [QUOTE=jmjens2;332350]It is the custodial parent's responsibility according to Florida law to encourage and foster an ongoing relationship with the non-custodial parent. If the custodial parent is incapable of performing that responsibility the non-custodial parent might have to resort to the court for help, either for enforcement of the visitation that is Ordered, as well as sanctions (penalties) against that parent. The court can change the custody (Time Sharing) of the child(ren) for interference with a parent's visitation (time sharing) rights.


    Is this same wording found in Illinois custody as well.... What sort of evidence is needed to prove this is occuring... We have a GAL and the Father is starting to keep a more detailed journal but has some things from the last two years as well.

  2. #2
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    Default Re: Custodial Parent Not Encouraging Child's Relationship With the Other Parent

    It's considered among the best interest factors when the court makes a custody determination:
    Quote Quoting 750 ILCS 5/602 - Best Interest of Child.
    (a) The court shall determine custody in accordance with the best interest of the child. The court shall consider all relevant factors including:
    (1) the wishes of the child's parent or parents as to his custody;

    (2) the wishes of the child as to his custodian;

    (3) the interaction and interrelationship of the child with his parent or parents, his siblings and any other person who may significantly affect the child's best interest;

    (4) the child's adjustment to his home, school and community;

    (5) the mental and physical health of all individuals involved;

    (6) the physical violence or threat of physical violence by the child's potential custodian, whether directed against the child or directed against another person;

    (7) the occurrence of ongoing or repeated abuse as defined in Section 103 of the Illinois Domestic Violence Act of 1986, whether directed against the child or directed against another person;

    (8) the willingness and ability of each parent to facilitate and encourage a close and continuing relationship between the other parent and the child;

    (9) whether one of the parents is a sex offender; and

    (10) the terms of a parent's military familycare plan that a parent must complete before deployment if a parent is a member of the United States Armed Forces who is being deployed.
    In the case of a custody proceeding in which a stepparent has standing under Section 601, it is presumed to be in the best interest of the minor child that the natural parent have the custody of the minor child unless the presumption is rebutted by the stepparent.

    (b) The court shall not consider conduct of a present or proposed custodian that does not affect his relationship to the child.

    (c) Unless the court finds the occurrence of ongoing abuse as defined in Section 103 of the Illinois Domestic Violence Act of 1986, the court shall presume that the maximum involvement and cooperation of both parents regarding the physical, mental, moral, and emotional wellbeing of their child is in the best interest of the child. There shall be no presumption in favor of or against joint custody.

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