What legal rights does a child have when facing separation or divorce?
When a child is facing the legal issues of separation or divorce in Illinois, they have several rights. These rights are established by Illinois Marriage and Dissolution of Marriage Act (IMDMA). First, according to Illinois law, children have a right to a safe and stable environment. The provisions of the IMDMA are in place to protect the child’s mental, physical, and emotional welfare throughout the process. This includes the right to have contact with both parents, including visitation rights, as long as it is deemed to be in the child’s best interest. Children also have the right to be represented by either a lawyer or a Court Appointed Special Advocate (CASA). An advocate is separate from their parents and acts as an independent voice to ensure that the child’s best interests are taken into account and protected. Finally, the IMDMA gives children the right to be heard in court. The court will take into account the child’s age, maturity, and preference when making any decisions against their best interests. Courts are typically required to consider the child’s opinion, as expressed through their lawyer or advocate. In summary, children in Illinois have the right to a safe environment, to an independent advocate, and to have their voices heard in the courtroom. These rights allow children to go through the separation or divorce process with their best interests in mind.
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