Determining child custody can be a messy experience for many families. This can be especially true when parents live in two different states, or if a parent even lives in a different country. In the first part of this two-part blog series, we looked at how jurisdiction is initially determined for child custody proceedings when parents do not live in the same state using the Uniform Child Custody Jurisdiction Enforcement Act (UCCJEA.) In most cases, the custody proceedings which determine parenting time and decision-making responsibilities will take place in the child's home state. However, there are some situations in which the child may not have a home state or another reason may exist why the home state will not hear the child’s case.

Exceptions to the Home State Rule

As previously discussed, the home state rule is typically enough for courts to determine which state has jurisdiction over a child custody case. However, circumstances may exist that make it impossible or imprudent to use the home state rule. In these cases, different rules apply when determining jurisdiction. If the home state rule does not apply, the following rules will apply in order of application:

When two parents get divorced or are no longer in a romantic relationship, it is not uncommon for one or both parents to make other life changes, such as relocating. While a fresh start can be a good change for the parents, this can complicate proceedings for child custody. Any proceeding that concerns parenting time and/or decision-making responsibilities for the child must be filed with the correct court. In this series of blogs, we will discuss the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) and how it is used to settle interstate child custody issues. Simply because a parent has moved does not mean that the parent’s new location is the place to file custody proceedings. In most cases that involve parents living in different states, the first thing you will have to do is determine which state has jurisdiction over your case.

Initial Jurisdiction in Illinois

When parents live in two different states, it may not be clear-cut as to which state has jurisdiction over the case. Thankfully, the UCCJEA exists to help clear up any confusion that may exist and to provide guidelines as to how to determine jurisdictional appropriateness. Before a court can make any decisions pertaining to a custody case, they must first determine if the case is being heard in the right jurisdiction. The UCCJEA states that the case can only be heard in Illinois if:

• Illinois is the home state of the child, meaning the child lived in Illinois for six months immediately prior to the proceedings

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Most people will agree that when it comes to a child’s best interests, his or her parents typically know what would best fit the child, better than anyone else. However, when parents get divorced, it is not always feasible to expect them to work together and come up with a parenting plan that they both agree on. Many times, marriages have deteriorated to the point that the parents are unable to effectively or respectfully communicate with one another, even for the sake of their children. As stressful and difficult as the divorce process is for you, it is just as, if not more stressful for your children. Child custody disputes are not uncommon, especially in high-conflict divorces. However, exposure to the conflict has been shown to be detrimental to children. If you anticipate difficulty from your spouse when it comes time to negotiate your parenting time and parental decision-making responsibilities, there are certain things you should try to spare your children from.

Do Not Speak Unkindly to One Another

Even though you may feel less than friendly toward your soon-to-be ex, that is still your child’s other parent. They still love both of their parents and do not want to hear either parent saying mean or negative comments about the other, as it can be hurtful to them too.

When parents of a child get a divorce in Illinois, they are required to make certain custody decisions for their child. Before they can finalize their divorce, they must come to an agreement on their own or a decision will be made by a judge on issues such as parenting time and allocation of parental responsibilities. In most cases, the choices that are made during this period are long-term, life-altering choices that could come with unfavorable consequences. In some cases, concerns about a parent’s mental health may have been brought forward by the other parent or another individual involved or familiar with the case. In these situations, the parent whose mental health is in question will likely be required to undergo some sort of psychological test or mental health evaluation.

Determining the Need for an Evaluation

Not every child custody case will involve mental health evaluations. In cases in which the parents agree on parenting time and parental responsibilities, there is likely no need for a psychological evaluation. However, all decisions made pertaining to the child are based on the child’s best interests. If anyone has concerns about protecting the child’s physical, moral, emotional, or mental well-being, then they can ask the court to require the parent to submit to a psychological evaluation.

When you have children, and you get a divorce, the state of Illinois requires you to decide on and make arrangements for your children’s affairs after the divorce is over. Not only do you have to determine how parenting time will be split between you and your spouse, but you also have to decide on other issues, such as how major life decisions will be made for the kids. The law states that every decision concerning the children in an Illinois divorce should be made in the children’s best interests, but parents may not always agree on these issues. In some cases, the court will intervene and often order an evaluation to be completed before any determinations regarding the allocation of parental responsibilities (child custody) are made.

What Happens During the Evaluation?

If divorcing parents tell the judge that they cannot come to an agreement on any of the child-related issues, the judge will typically order a trained professional to conduct an evaluation to help determine what would be in the children’s best interests. These often include mental health professionals, such as psychologists, psychiatrists, therapists, and counselors who have experience dealing with family disputes.