Category: Child Custody

Child custody litigation is emotionally complex. For Illinois LGBTQ families, the complexities could be compounded by evolving legal circumstances and intricate family dynamics. Whereas Illinois law seeks to make custody arrangements grounded on the best interest of the child, LGBTQ parents will find it even harder. The most common child custody issues for LGBTQ families need to be established to better succeed in such legal proceedings and fight for preserving the rights of parents.

Legal Status of Parent-Child Relationship

Legal status recognition of parent-child relationships is possibly the most pending issue of LGBTQ parents. In the absence of a biological parent by either parent, legal parenthood is settled in a troublesome manner. For gay and lesbian spouses, Illinois law will presume both spouses as legal parents of a child from the marriage. Gay unmarried couples, on the other hand, will need to perform double work, i.e., second-parent adoption, to achieve legal status. In the absence of legal documentation of non-biological parents, they can lose their parental rights in case of a breakup.

Parental Rights and Responsibilities Disputes

Parental rights and responsibilities disputes in most cases entail disputes over decision-making authority that is primary, in addition to physical custody. All these under Illinois fall under the allocation of parental responsibilities. Conflicts among LGBTQ families happen when one parent forces the other parent not to have any legal parental standing when, in fact, such status was never legally established. When it comes to the child, the courts really consider a number of factors that include the child’s needs, the ability of the parents to raise the child, and the existing relationships the child has with both parents. LGBTQ parents will also need to demonstrate their ongoing active interest and concern for the associate’s child.

Problems with Surrogacy and Assisted Reproduction

The majority of LGBTQ families use surrogacy, sperm donation, or other assisted reproductive technologies to have children. Despite the comparatively advanced Illinois surrogacy law, there could be controversy regarding the child’s legal parentage in case the surrogacy arrangement is not properly documented. Where the biological parents are unavailable, the non-biological parent will have no alternative but to rely on court processes such as adoption or parentage orders in an attempt to acquire parenthood rights. Otherwise, it can result in acrimonious custody battles in the event that the relationship becomes bitter.

Impact of Past Relationships

Custody battles can also be complicated where there are children from past relationships. In LGBTQ blended families, one parent may have other children from a prior relationship or marriage. Custody and visitation must be conferred on non-biological parents or step-parents through careful legal planning. Illinois courts are going to do what is in the child’s best interests but limit custody rights for non-lawfully parented individuals unless those individuals can prove that continued involvement is essential to the child’s well-being.

Relocation Disputes

Another common cause of custody battles is relocation. Whenever one of the parents wishes to move to another state or city, the move will affect the existing order of custody. The law in Illinois requires parents who have the majority of the parenting time or equal parenting time to obtain permission from the other parent or court approval before they can relocate. In LGBTQ families, relocation cases pose a unique issue where relocation would impact a non-biological parent’s ability to maintain a relationship with the child. The courts will decide whether the intended relocation is in the child’s best interest according to factors such as educational opportunity, family support systems, and parent and child bonding for both parents.

Discrimination and Bias Issues

Although Illinois is progressive legally on LGBTQ rights, there is always a fear on the parents’ part that they will be discriminated against in court. Although judges are meant to be impartial, allegations of discrimination on the basis of sexual orientation or gender identity still occur. LGBTQ parents fear that their status will inappropriately impact custody decisions, particularly where the other parent raises this as a point in court. Legal representation knowledgeable in LGBTQ family law will have to be able to dissipate any prejudice and to decide custody on the sole grounds of the best interests of the child.

Handling Custody Where Domestic Partnerships Break Down

Not all LGBTQ couples marry; some create domestic partnerships. When these break up, there are custody disputes, particularly where there is no legal recognition of the parent-child relationship. Illinois courts will allow de facto parents—those who have functioned as a parent without legal status—if it’s in the child’s best interest. A de facto parental relationship is not generally established without objective evidence of caring and emotional responsibility. One does require legal advice in such cases to obtain custody rights as well as avoid loss of contact with the parents.

Custody Modifications and Enforcement

Life circumstances often change, necessitating modifications to existing custody arrangements. There may be child custody issues for LGBTQ families in modifying custody orders, especially if the other parent opposes the changes. In Illinois, modifications are granted based on a substantial change in circumstances in the best interest of the child. Enforcing custody agreements can sometimes complicate things, particularly when one parent doesn’t comply with court orders. As such, legal assistance is important in transferring these processes-such that custody agreements are honored and that modifications are sought after.