What is the Process for Appealing a Custody Order in Illinois?

Updated on May 5, 2021
Updated: February 9, 2023

Family courts in Illinois have a duty while making decisions about child custody. They are to ensure that they make a decision based on the best interest of the child’s legal standard. Even as this is the case, family courts do not always make the best decisions all the time. Errors occur. It is unfortunate if you end up on the wrong side of custody judgments when the court makes a mistake.

However, even after a verdict is passed, and you are not satisfied with it, you will be within your right to appeal for a child custody order. If you are wondering what the process for appealing a custody order in Illinois is, we will walk you through it.

It is important to note that you need to act fast for the timely filing of a child custody appeal. After a final trial court ruling is made in child custody appeals, individuals have thirty days of filing a notice of appeal.

The requirement is not for you to file the whole appeal within 30 days but to give notice of appeal for your motion before the filing deadline. Filing delays legally bars the court from hearing your case. The decision made in the previous hearing will be unchangeable.

As an appellant, you have the duty to serve notice to the other individual. Within the 7 days after filing your notice of appeal with the court, you should make sure that the other person is served.  

Remember that when you are filing for an appeal for your case, you will not start the appeal process from scratch like the first time. You will be pointing at a mistake made by the family court. Call (708) 232-0017 to talk to an experienced Illinois family attorney so they can help you build a strong case.

Is Appealing a Custody Order In Illinois Possible?

It is possible to appeal a child custody case in Illinois if you do it within the correct time frame.

Being unhappy about the initial determination of a child custody agreement case is not enough reason to file for a family law appeal. You should only file for an appeal when you are convinced that the judge made a mistake in how they applied the law in a previous child custody trial. The court of appeals will be responsible for hearing your appeal.

Appealing a custody order in Illinois

The mistakes made in a family law court that you can appeal for are not limited to child-custody determination. You can also appeal for issues such as child support, property division, spousal maintenance, and other issues. There is no limit to the number of cases you can appeal to. Even as this is the case, you should choose to appeal to the most critical problems, and those you feel need to be resolved.

Both parties who are involved in the appeal case will state their views on the issues brought forth. The appealing side is responsible for bringing a copy of the court record for the case before the court. In this case, there are individuals who will look for the supreme court to rule for a different outcome.

What Judges Look For In Child Custody Cases

Every state has the best interest of the child standards they use to determine disputed child custody trials. Here are some of the main factors that a trial judge uses to determine the case.

How Old the Child Is

The myth that children should remain with their mother since they are at a tender age is untrue, and it is long outdated. However, some judges still believe that a younger child should be with the mother, especially if the mother is the primary caregiver. If the child is weaning during the appeals process, the appellate court decision is likely to favor the mother.

The Living Situation of the Parents Individually

The parent’s surroundings, how and where they live will determine how the case will turn out. A parent who is living in a family home has a higher chance of getting custody. This is because living in the family home will offer stability to children and continuity in their lives. A parent living with their friend as they get back on their feet will not get custody of the child.

If you want to get custody of your children, you should create a home environment. How far you live from the other party will as well help determine the judge’s decision. If you live close by, the judge may order a time-sharing plan that will allow you both to take care of children and spend time with them.

Your Level of Cooperativeness

How cooperative are you with the other party to the already set parenting visitation schedule? The family judge will as well evaluate some of your behaviors. Do you interfere with visitation rights or bad-mouth your spouse in front of your kids? The more cooperative parent will have a higher chance of winning a child custody case than a parent who is trying to put the kids against the other parent.

What the Child Prefers

In certain states, children above the age of 12 may be asked what they prefer regarding visitation and custody. Some states prefer that children not get involved at all. However, the family judge can still learn about the child’s preference through a custody evaluator.

Abuse and Neglect Factor

Evidence that shows that the child has been abused or neglected will lead to family judge limiting the parent interaction with the children.

Every child custody case is different, and the family judge may evaluate these and other factors before making their final decision.

Admissible Evidence in Family Court

Admissible evidence is any substantial evidence that will help you prove that what you are saying is true in a family court case. Any pictures, videos, testimonies, documents, or any other evidence physical or digital evidence is admissible in court.

Contact our attorneys for help with your child custody order appeal.

Meet up with our child custody attorneys in Orland Park. Let us help you determine whether the evidence you have is acceptable in family court. Our Family lawyers at Tomalieh law are skilled and passionate about ensuring the child’s best interest. Your child’s best interest is of utmost importance, and we want to help.

Reasons a Mother Can Lose a Custody Battle

The myth that courts favor mothers in child custody hearings is untrue. If a mother is awarded custody, their ex-spouse can reverse the family court’s decision and revoke the order based on several circumstances.

  • The mother emotionally abuses their child
  • Physical abuse against the ex-spouse or children
  • They violate court orders
  • They interfere with parenting time
  • Negligence
  • They have poor co-parenting skills
  • They suffer from an addiction. It can be an alcohol or substance addiction.

What Family Court Judge Wants to Hear

The judge wants to know about the plan of the parent to ensure that the child will have stability and continuity while living with them. They will ask questions about the living conditions of the child. They will want to know how the child will live and how different it is from their previous environment if they are to move.

Questions will be asked about finances, the parent’s abilities and temperaments, and other things. The answers provided play a significant role in determining who gets custody.

We know the questions that the family judge is likely to ask you, and we know what they want to hear. Let us help you get ready for the hearing and equip you for a win. If the original judgment has already been passed and you would like to make an appeal, we can help you with that as well.

Talk to us today, and let’s get started!

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