As you may know, child custody issues can be an ongoing concern long after a ruling is made in court. From allocating parental responsibilities and enacting a parenting plan to coordinating court-ordered parenting time and providing for your child’s needs, continued custody of your child can be quite a balancing act, particularly in cases where you do not have primary custody. What is more, it is an even greater challenge when the other parent is irresponsible, uncooperative, or—in the worst cases—abusive. But how will you know if that parent is abusing your child? Here are some types of child abuse that can occur, the signs of child abuse to watch out for, and some actions that you can take to ensure the safety of your son or daughter, including modification of child custody orders:

Types of Child Abuse

Child abuse can extend beyond physical abuse in which a child receives burns, bruises, cuts, broken bones, or other impairments as a result of a parent’s actions. It can also come in any of the following forms:

• Sexual—Any sexual activity with the child, including touching, intercourse, or creating or viewing child pornography

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In a recent blog, we looked at what you should do if a guardian ad litem (GAL) gets assigned to your child custody case. However, you may be wondering what exactly qualifies these lawyers to be advocates for a child’s best interests? While many psychologists, social workers, and other professionals who work with children believe that lawyers are not the person who is most qualified to make a final report and assessment about a child’s best interests, it is worth noting that not just any lawyer can become a guardian ad litem—these attorneys must qualify through a rigorous process of training and vetting.

How a Lawyer Becomes a Guardian Ad Litem in Illinois

In 2006, Article IX of the Supreme Court Rules took effect in Illinois. One of this article’s primary goals was to enable greater focus on the best interests of the child in family law cases, and guidelines for guardians ad litem were subsequently developed. In Illinois, to qualify for a guardian ad litem role, a lawyer must do the following:

Successfully complete court-approved intensive training on family issues:

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Divorce or family law cases involving child custody primarily focus on “the best interests of the child.” In particularly complex and contested child custody cases, such as ones involving very young children or allegations of abuse, one of the parents’ lawyers may request that a guardian ad litem (GAL) be appointed, or the judge may choose to assign one to the case. A GAL is a lawyer whose sole duty is to determine the best interests of the child through a home study, including interviews with the children, the parents, other family members, teachers, and any other relevant parties. At the conclusion of this investigation, the GAL will submit a report to the judge to help the judge make a more informed decision.

What to Do if a Guardian Ad Litem Gets Involved

Whether the GAL is assigned to your case because of your request, the other parent’s request, or to help the judge have an outside perspective on the case, there are certain things you can do that will enable a much smoother process. By following these tips, you can ensure that your child will be represented properly and fairly:

• Stay calm and do not worry—If the other parent or the judge requests the GAL, you may be concerned about what this means for you. You might think that you have done something wrong or that the subsequent investigation will paint you in a negative light, resulting in a decision against you. More often than not, this is not the case. If the judge has assigned the GAL, the purpose is to get a clearer picture of your child’s best interests. The GAL will usually strive for objectivity while acting as a strong advocate for what is best for your child.

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In our previous blog post, we focused primarily on what are considered the best interests of the child in child custody cases. The “best interests of the child standard” by which courts in Illinois make child custody determinations has been in the news in Illinois for the last few years due to fathers’ rights advocacy groups and other organizations that have been supporting new Illinois “shared parenting” bills.

Proposed Changes to Illinois Law

In 2017, HB4113 was filed with the Illinois General Assembly. This bill sought to change Illinois family laws to state that 50/50 shared parenting is presumed to be in the best interests of the child from the start of a child custody case. After much controversy and protest, that bill was not passed. However, in February 2109, State Representative La Shawn Ford (D-Chicago) sponsored a new equal parenting time bill: HB185. While many advocacy groups believe this new iteration will be a fair change to the law, other legal professionals are less optimistic. In fact, the Illinois State Bar Association is in opposition to the bill.

More than four decades ago, Professor Leigh H. Taylor published an article in the DePaul Law Review (Volume 24, Issue 2, Winter 1975, Article 14), concluding that “Uncertainty can be removed and the best interest of children can be made more ascertainable only when the courts attempt to identify the interests involved and provide comprehensively reasoned opinions. Then it can be said that they are furthering the best interest of children.” In a sense, HB185 is a continuation of this thought. According to some lawmakers and advocates, this equal parenting bill would presume that both partners should have equal parenting time from the start, and only after the judge provides a comprehensive explanation with substantial, deliberative reasoning will the parents be able to deviate from that 50/50 allocation of parenting time.

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In Illinois, child custody is referred to as the “allocation of parental responsibilities,” and divorce and family law cases will focus on the “best interests” of the child when determining how parents will share decision-making responsibility for their children. There are a variety of factors considered when making these important decisions, and they will often be dependent upon the particular dynamics between the child and the parents, making the final decisions quite subjective. Because of this, it can be difficult to predict exactly what will go into making a ruling. However, there are some specific elements of the best interests of the child that judges will consider thoroughly in these cases.

The Definition of “Best Interests”

In many cases, parents will focus on the more tangible best interests of a child simply because they are so much more apparent. These physical best interests include children’s general needs, such as:

• Food

• Water

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