What Is Considered a Nontraditional Family in Illinois?

Nontraditional families are any arrangement that doesn’t include a mother, father, and their children all together (often referred to as a nuclear family). It can include any of the following.

  • Single-parent household. Either the mother or the father has custody of the children and lives without the other parent.
  • Same-sex families. The parents raising the children are of the same sex.
  • Unmarried cohabitation. The parents raising the children are not married.
  • Blended families. These happen when parents from previous marriages remarry and blend children from both families into one household.
  • Extended family. This might include a mother, father, and children, but it will also include other family members, including grandparents, aunts and uncles, etc.
  • Grandparents (sometimes called a skipped-generation household). In this household, the grandparents raise the grandchildren, and the parents are not present.

What Happens When a Nontraditional Family Needs to Pursue Child Custody and Support Arrangements in Illinois?

Illinois family law prioritizes what’s in the child’s best interests, regardless of the family structure involved. That means the court will look closely at all possible arrangements to view how each could affect the child in the present and future. What the parents or other family members prefer is secondary to this.

It’s vital to understand that Illinois courts approach the division of nontraditional families concerning child custody and support with this same priority. Years ago, emphasis was placed on trying to give biological parents (often the mother) first rights of custody. Today, however, nonbiological parents (same-sex marriages, adoption, grandparents, etc.) may be awarded custody if the court thinks it’s best for the child. The same applies to child support.

What Types of Child Custody Are Recognized in Illinois?

There are two distinct types of child custody in Illinois.

  • Physical custody (also known as parenting time). This is what most people think of as child custody. It determines where the child lives and with which adult(s).
  • Legal custody (also known as parental responsibilities). This is about the critical decisions that must be made when raising a child, including education, medical care, religious upbringing (if applicable), and other significant decisions. It doesn’t include the day-to-day minor decisions, such as whether a child can visit a friend on the weekend.

Each form of custody may be awarded in one of multiple ways.

  • Sole custody. In this version, one parent is given either full physical or legal custody, or both. However, this rarely happens in Illinois, as the courts prefer keeping both parents in the child’s life. The primary exception is if one parent is proven unfit (neglectful, abusive, suffering from addiction, etc.).
  • Joint legal custody. The parents share the decision-making process for the child. This requires them to be able to communicate and negotiate, but it can help keep them on the same page for the significant choices involved in raising the child.
  • Joint physical custody. This means both parents have the child in their care some of the time. It’s not always feasible to divide it exactly 50/50; one parent may have the child during the week and the other during the weekend.
  • Primary custody and visitation. In this arrangement, one parent has primary custody while the other has visitation rights. The child lives in one home and sees the other parent as a visitor.
  • Bird’s nest. This is similar to joint custody in that the child spends time with each parent. However, the child remains in one home, and the parents take turns staying with the child.

If you’re unsure which type of custody might work best, contact a family law attorney experienced with nontraditional families.

What About Child Support?

Child support is the amount one parent or guardian pays the other. Illinois courts will consider nontraditional families the same way they consider nuclear families when determining who should pay and how much. Again, the primary focus is the child’s best interests.

Child support may be used for:

  • Housing costs (rent, mortgage, utilities, furniture)
  • Children’s clothing, toys, and food
  • Medical costs, including doctor visits, eyewear, and dental costs
  • School supplies
  • Extracurricular costs (team sports, clubs, lessons, etc.)

Child support should not be used for the receiving parent’s:

  • Clothing
  • Entertainment
  • Vacations without the child
  • Items not meant for the child’s use (alcohol, tobacco, firearms)

Recent changes in Illinois law mean that today, both parents’ net incomes are taken into account when determining the amount and who will receive the support. Both incomes are combined to create a baseline for all funds available, then the total is divided by the percentage each parent contributes. The combined net income is entered into an income shares chart to calculate the child support need. That amount is divided based on each parent’s income, and the difference arrived at is usually the amount one parent will pay the other.

What Should I Do if I Need Help with a Child Custody and Support Case In a Nontraditional Family?

Call the Law Offices of Robert Buchanan at 312-757-4833 to schedule a free consultation. Divorce or separation is often pointed to as being one of life’s most stressful events, and when children are involved, it can be even more traumatic. When the family structure is considered nontraditional, working with experienced family law attorneys who can guide you and help you protect your rights and wishes is especially important. Our team of knowledgeable family law attorneys will work with you to help you achieve the best possible outcomes.