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Under Illinois law, married parents have joint residential and legal custody of a child born of the marriage while they are married. With unmarried parents, the mother has sole legal and residential custody of the child until a finding of paternity is made and the father petitions the court for some form of custody.
The courts do not favor either parent based on their gender. Rather, the courts decide the legal and physical custody of the child based on what is in the child's best interest. For example, if it is in the best interest of the child for the father to have sole custody, then he will.
In order to file for Mississippi guardianships, you'll have to file a petition with the local court, undergo investigation from the court, testify in front of the court, and eventually be approved if a judge determines the guardianship is in the best interests of the ward.
A judge may grant parents temporary custody in a Mississippi case until the parents can attend mediation and reach an agreement or custody can be decided at trial. Parents (whether married or not) can share physical and/or legal custody, or a judge may award one parent sole legal and physical custody.
You may file in the family court or a court of a different name that hears custody cases. Generally, you will file in the county where the child lives and, depending on the circumstances, you may be able to request an emergency or temporary order as part of your petition.
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Used prior to a permanent solution, temporary custody orders last until either divorce or custody issues are finalized.
A judge will make physical and legal custody decisions based on the child's best interests. Unlike some states, Illinois custody laws don't presume that joint custody is automatically in the child's best interests. Judges will try to give both parents maximum involvement in the child's life.
In most states, a father can file a pleading with an attached affidavit asking the court to grant him emergency temporary custody before having to go to court or even noticing the other party if the circumstances are serious enough that there is a fear of immediate harm that will come to the child if the child remains ...
Generally speaking, in the US, mothers and fathers are treated equally under the law. A father or mother can have partial or full custody of a child at any age. There is no lower age limit. The upper age limit is typically 18.
At what age can a child choose who they live with in Illinois? The only set age where someone can choose where they live is 18. In custody cases, children always get to express where they want to live, but the court does not have to rule with the child's wishes.

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