Your Opinion About Our Website Is Important!
Would you be willing to answer five quick questions?
Take Our 5 Question Survey!

Adoption Law | Child Custody | Child Neglect | Child Abuse

Parental Rights in Custody Cases

Parents involved in a case of child neglect or abuse should be aware of their rights under law:

  • A parent may choose a lawyer to represent them. If a parent cannot afford to hire a lawyer, the judge will appoint one. It is the parent’s responsibility to maintain contact with the lawyer.
  • A parent may participate in court hearings in order to understand what is happening and what is being said. A parent can offer information about what occurred.
  • A parent should receive a written notice (called a summons) informing them of the date, time and location of any mandatory court hearings.
  • A parent should receive a written statement (called a petition) explaining the charges. The petition is usually included with the summons.
  • A parent can offer evidence and/or have witnesses provide evidence on their behalf.
  • A parent or his or her attorney may question anyone who presents information before the judge.
  • A parent is entitled to know the contents of their court file and the report given to the court.
  • A parent whose child was removed from the home should be informed of the requirements to have the child returned and how to get help to do so.
  • A parent has the right to receive assistance from a language or sign interpreter if a language other than English is spoken or if the parent is hearing-impaired.
  • A parent whose child has been removed from the home has the right to see the child at least once a week unless the judge waives that right. The visits may be supervised by a caseworker.
  • A parent may request a continuance if they are unprepared for the hearing.
  • A parent should expect to receive a copy of the judge’s written decision.
  • A parent who disagrees with the judge’s decision can appeal the ruling, and the case will be presented to a higher court.

Children in juvenile court cases will have their own lawyer. The judge will appoint an adult, usually a lawyer, as a “guardian ad litem,” to represent them. Parents cannot use the children’s lawyer, nor can the child use the parents’ lawyer.

Note: This information was prepared as a public service by the Illinois State Bar Association and is a joint project with the Illinois Press Association. Its purpose is to inform citizens of their legal rights and obligations.

Please rate this article!

How useful was this article to you? Your rating will help us continue providing you with the best resources and information possible.

Click on a star to rate.

 

© Illinois State Bar Association
Privacy Policy | Terms and Conditions