As an experienced Skokie custody lawyer, I understand the special challenges military families face in navigating the issues of custody and parenting time in Illinois. Military service can make those issues much more difficult because of deployments, relocations, and just the general unpredictability associated with military life. The statutes in Illinois have some provisions that help meet these challenges and protect both the interests of the children and the serving parent.
In Illinois, the legal basis of custody and parenting time is enshrined in the Illinois Marriage and Dissolution of Marriage Act, 750 ILCS 5/101. The act has evolved to accommodate the needs of military families, particularly with regard to the special aspect of deployment.
Any deployment of a military parent that adversely affects the performance of his custody or parenting time duties is covered by Illinois law, which allows certain adjustments to the parenting agreement. Such modifications can be temporary and may revert upon the end of the deployment period. The law seeks to ensure the rights of the deployed parent are preserved, as well as the best interest of the child during the deployment period.
The court may, however, consider special consideration in instances such as when a military parent is deployed and can no longer exercise normal parenting time. Special consideration may be granted if the court determines that it serves the child’s best interest to afford the military parent the means of delegating his or her parenting time to a family member, such as a grandparent or sibling. The statute also provides that any change in custody or parenting arrangement due to deployment should be temporary and cannot be used as evidence against a deployed parent in subsequent proceedings relating to parental responsibility.
One of the critical elements of military personnel handling custody cases is being able to expedite court dates or have electronic hearings. The Illinois Courts can take care of these items when necessary, realizing a parent could be unavailable to attend because of military service. In that respect, the state supports flexibility in terms of scheduling and, where possible, includes remote participation in hearings.
The Illinois Marriage and Dissolution of Marriage Act provides that any temporary custody or parenting time arrangements made due to deployment should be written in such a manner as to be intended to revert to the former terms upon the return of the parent, provided, of course, it is in the best interest of the child.
If a military parent must be sent out of state or country, the military parent can file a modification of the custody order to provide for their time away. This modification is temporary, and the original order is usually reinstated upon return.
If a military parent serves outside the country, virtual visitation may be implemented. Illinois courts create opportunities to continue relationships through electronic means of communication, such as video calls, when physical visitation is at variance.
While this may be objected to by the non-military parent, the prevailing guideline of the court is the best interest standard of the child. Temporary changes caused by deployment are rarely questioned and are usually considered necessary unless they can be shown to adversely affect the well-being of the child.
For the military family in Illinois facing custody or parenting time issues, there are challenges that can be faced. As experienced family law attorneys, Gordon & Perlut, LLC will help military families like yours through these legal complexities with as little hassle and as much support as possible. If you are a military family and you have custody and parenting time problems, contact us for your legal needs.
Contact our Skokie parenting time attorneys at Gordon & Perlut, LLC by calling either our Chicago office at 312-360-0250 or our Skokie office at 847-329-0101 to set up a consultation. Let our team of experienced attorneys take care of your rights and secure the best for your children, considering the demands of military service. From short-term separations to multiple tours of duty, we can help you keep your family ties strong despite distances and duties.