Illinois LGBTQIA+ Child Custody Attorney & Same-Sex Visitation Lawyer

Yes.

When dealing with sensitive topics such as infertility or the creation of a family, many individuals tend to keep such details private. However, assistive reproductive technology (“ART”) raises complicated issues regarding the rights of all parties involved, especially in the case of surrogacy, leading to the need for an experienced Illinois ART attorney.  Our firm can ensure that your rights are fully protected.  We represent individuals and couples who wish to build or expand their families through assistive reproductive technology.

Yes.

In 2015, the United States Supreme Court ruled that equal rights apply to same-sex couples;[1] however, Illinois had previously adopted its own same-sex marriage law when it enacted the Illinois Religious Freedom and Marriage Fairness Act in 2013.[2]

Further, Illinois state case law had already embraced LGBTQ adoption in the mid-1990s when the Appellate Court interpreted the Illinois Adoption Act as having no language or regulations explicitly prohibiting single individuals from petitioning for adoption.[3] Consequently, LGBTQIA+ couples can marry, divorce, and adopt, and they must address child custody, visitation, and support matters in the same capacity as other individuals during divorce and separation.

[1] Obergefell v. Hodges.

[2] Same-Sex Marriage Comes to Illinois, Illinois Bar Journal

[3] Petition of K.M., 653 N.E.2d 888 (Ill. App. Ct. 1995).

When facing a divorce or separation, highly-contentious issues regarding children can arise. If you are contemplating divorce or have been served with divorce papers, it is critical to understand your rights and the common elements that should be explicitly addressed, including:

• Decision-making authority. A parent’s child-rearing responsibilities do not terminate upon divorce; thus, it will be necessary to continue making critical decisions regarding a child’s welfare, including those involving education, religion, healthcare, extra-curricular activities, tattoos and piercings, and other relevant matters. Illinois law encourages individuals to co-parent and share in decision-making responsibilities. However, in highly-contentious separations, co-parenting may not be possible, and a court may allocate decision-making responsibilities to one parent where appropriate.

• Parenting time and visitation. Non-custodial parents are generally entitled to visitation with a child; thus, it is critical to address such issues in a parenting plan to ensure these rights are upheld.

• Parenting plans. When parties divorce, they must submit a parenting plan to the court addressing key issues, such as decision-making, custody, visitation, and support. If two parents cannot agree on a single plan, the parties may file separate parenting plans; however, Illinois courts will determine the provisions that will apply based on a child’s best interests.