Determining Child Custody in Same-Sex Divorce Cases in Illinois

 Posted on March 25, 2024 in Divorce

Child custody in same-sex divorce cases can be complex and emotionally difficult for all parties involved. With the evolving landscape of family law, understanding the factors that Courts consider when determining child custody arrangements is essential. By understanding the legal principles involved in determining child custody, and hiring a well-established attorney, parents can navigate the process more effectively and ensure the best interests of their children are prioritized.

At The Law Office of Nicholas W. Richardson, P.C., Attorney Richardson is a well-respected attorney with over 15 years of experience helping individuals and families navigate Illinois family law. Regardless of the complexity of your family law matter, clients can trust that Attorney Richardson will provide them with careful, compassionate advice that is tailored to their case.

Best Interests of the Child Are Most Important Factor

Regardless of the parent's sexual orientation, the primary consideration in child custody cases is the best interests of the child. Courts will evaluate various factors to determine what custody arrangement will promote the child's well-being and development. Often, these factors will include the child's relationship with each parent, how adjusted the child is to their home, school, and community, and any history of abuse or neglect.

Parental Rights and Responsibilities 

In same-sex divorces, determining parental rights and responsibilities can be especially complex, particularly if one parent is not the child's biological or adoptive parent. Illinois law recognizes the rights of non-biological or non-adoptive parents who have established a significant parent-child relationship, but there can still be significant legal challenges when it comes to obtaining custody of a child when there is not a codified legal relationship. Courts will want to look at the level of involvement the parent has in the child's life, the emotional bond between the parent and child, the child’s wishes (if age appropriate), and many other factors when figuring out parental rights and responsibilities.

Legal Presumptions and Precedents 

The law in Illinois says that sexual orientation and gender are not a determining factor in custody decisions, and Courts should focus on the child's best interests. Additionally, Illinois law prohibits discrimination based on sexual orientation, providing further protection for LGBTQ+ parents in custody disputes.

Contact Our Hoffman Estates, IL Same-Sex Divorce Attorney

Navigating child custody in same-sex divorce cases in Illinois requires a thorough understanding of the legal principles, considerations, and resources available to parents. By prioritizing the best interests of the child and recognizing parental rights and responsibilities, parents can confidently navigate this process. Contact our knowledgeable Northwest Cook County, IL, same-sex divorce lawyer with The Law Office of Nicholas W. Richardson, P.C.. Call 847.873.6741 for a free consultation.