Child custody hearings for military members in Illinois Published Aug. 13, 2014 By Capt. Michael Garcia Scott Legal Office SCOTT AIR FORCE BASE, Ill. -- Child custody matters encompass both divorce proceedings and protective order hearings. Disputed custody matters are also common amongst parents that were never married. These hearings are stressful, but can be an especially tense for the military member, uncertain about how the court will perceive his or her military service in determining custody. Over the past few years, the Scott legal office has been fortunate enough to host Illinois Associate Judges Julie Katz and Heinz Rudolf for discussions on family law, covering divorce proceedings, child custody matters, and orders of protection. These discussions provided a minds-eye view of what judges are actually thinking during these hearings. Generally, clients are curious about two issues: (1) does the court have the authority to make a decision on child custody and (2) what does the court consider in making its determination? For military members, the question is always, "Will my military service be counted against me in determining custody?" Illinois court's authority Can an Illinois courthouse decide who gets custody of my child? It depends on whether the court has "home state" jurisdiction. Illinois qualifies as the "home state" when either (a) the child has lived in Illinois for the past six months; or (b) the child currently lives in another state, but Illinois used to count as the child's "home state," and the child lived in Illinois within the past six months, and one of the parents or guardians still lives here. In some cases, the court can hear the case even if it doesn't have "home state" jurisdiction. First, the court could hear the case if no state (including Illinois) has "home state" jurisdiction. Or, if the state that normally does have "home state" jurisdiction decides not to hear the case, then it could be heard in Illinois if the parent or child has a "significant connection" to Illinois (e.g., child has lived in Illinois before, the child has seen doctors in Illinois before, etc.). Finally, the court may be able to issue a protective order for a child that falls under the jurisdiction of another state. Custody factors considered by the court In arriving at its decision to award custody, the court considers several factors, the goal of which is to serve the best interests of the child, including: the parent's wishes; the child's wishes; the child's relationship with the parents, siblings, or other significant people; the child's adjustment to home, school, and community; the mental and physical health of all parties; any past and ongoing acts of violence by a parent against the other parent or a child; whether one of the parents is a sex offender; and the willingness and ability of each parent to facilitate and encourage a close and continuing relationship between the other parent and the child. Courts try not to split siblings up and favor keeping the child with the parent that provided most of the child's care throughout his or her life. Courts also consider a parent's drug or alcohol abuse. Military member considerations Most military members are convinced that their military service is a negative factor in child custody hearing. Well, it depends on how you present it. As Judge Rudolf recently explained to our office, you need to remember that even if the judge may deal with military members all the time, he or she may not be familiar with what the military has to offer. First, it's important to be prepared to discuss your family care plan with the court, demonstrating that you have an adequate plan in place for the care of your child, should you be deployed. But, there's so much more that you have to offer your child as a military member, such as housing in a gated military community; free healthcare of your child; access to quality schools (like Scott Elementary); after-school accredited youth center and child development center programs; numerous Force Support Squadron functions involving you and your children ... and on and on. This demonstrates that your military service should not be counted against you. Indeed, it's a positive factor that should weigh in favor of you receiving the degree of custody you are requesting. A note on divorce decrees/custody order Generally, civilian divorce decrees (the final order of the court outlining the terms of the divorce, including child custody) tend to include child custody provisions limiting the distance in which a parent can travel with the child without first receiving the court's permission (e.g., 100 miles). While this provision may make sense for civilians, it could cause extreme hardship for a military member with full-custody intending to PCS. Accordingly, efforts should be made by the military member to ensure that the final divorce decree does not contain such language. The legal office stands ready to assist you with your family law needs. More of information on Illinois family law matters is available at www.illinoislegalaid.org. You may also visit the St. Clair County Courthouse's Law Library for free, practical guidance on divorce and orders of protection. Disclaimer: Illinois Legal Aid is a non-Federal entity and no federal endorsement is intended or should be implied.