Parental Responsibility Proceedings: Interviews, Evaluations, and Investigations
For some people, divorce may be a peaceful process. They may already know who will get the house, who will keep the dog and where their child will live. And if they do not already know, they may be able to quickly agree on those things. For the majority of divorcing couples, the decisions are not that easy and deciding parental responsibilities can become a long and combative process. When this happens, Illinois courts may decide to take things into their own hands and conduct interviews, evaluations, and investigations as to what the best parenting arrangement would be for the child. The Illinois Marriage and Dissolution of Marriage Act allows the court to require evaluations if the parents cannot come to an agreement on their own. Court Interviews Because the determination of parental responsibilities directly affects the child, it is important to understand his or her wishes in regard to the situation. Sometimes, the child does not have the chance to voice their wishes and in this case, the court will conduct an interview with the child to try to determine what they would prefer. According to the Act, counsel will be present during the interview and the interview will be recorded by a court reporter. Professional EvaluationIn addition to interviews, the court may either appoint a professional to conduct an evaluation or if a parent requests an evaluation, will allow either parent to choose a professional for the job. The professional’s job is to interview the parents and the child, observe the child with each parent, review court documents pertaining to the case, contact other professionals such as teachers, daycare workers, therapists and doctors and conduct psychological testing if needed. The professional’s report to the court must contain:
- A description of what the professional did to evaluate the situation;
- A report of his or her findings;
- Any test results gathered;
- The professional’s conclusions pertaining to parental responsibilities;
- The professional’s recommendations concerning the allocation of parental responsibilities; and
- An explanation of any limitations the evaluator may have come across.
If you have gone to court to determine who gets certain parental responsibilities, you should seek the help of an Aurora parental responsibility attorney. If you get representation from the Law Office of Matthew M. Williams, P.C., you can rest easy knowing you are being well represented. Call the office at 630-409-8184 to set up a consultation.
Source:
http://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2086&ChapterID=59