Child Custody Factors

Child Custody Factors in Illinois

Illinois child custody law specifically states that custody is determined by viewing what is in the best interest of the child. Courts are required to look at all relevant factors in making custody determinations. Carbondale, IL divorce and child custody attorney Brian Roberts handles Illinois child custody cases and wants you to understand how courts review these cases. Child custody cases can be emotionally and financially draining. Contact him for a case review before deciding whether to pursue a child custody case.

Illinois law specifically tells courts to review the following factors in determining the best interest of the child:

The wishes of the child’s parent or parents;

The relationship between the child and each parent, and the child and any siblings;

The relationship between the child and anyone else who may significantly affect the child’s best interest;

How well the child is adjusted at home, school, and in the community;

The mental and physical health of everyone involved;

Physical violence or threats of physical violence by the child’s potential or current custodian, and whether those threats were directed towards the child or another person;

The occurrence of ongoing or repeated abuse as defined by Illinois Domestic Violence Act of 1986, regardless of who that abuse was directed towards;

The willingness of each parent to facilitate the relationship between the child and the non-custodial parent;

Whether either parent is a sex offender;

If either parent is in the military, the terms of the parent’s military family-care plan must be considered before deployment.

In addition to the things that must be considered in an Illinois child custody case, the law specifically forbids courts from considering the conduct of a parent or proposed custodian that does not affect the relationship between the parent and child.

Courts are also required to presume that the maximum level of involvement and cooperation of both parents regarding the physical, mental, moral, and emotional well-being of the child is in the best interest of the child unless the court finds ongoing abuse is occurring.

If a stepparent has standing to bring a child custody case, the court is to presume that the natural parent having custody is in the best interest of the child. That presumption can be overcome by introducing evidence that shows it is in the best interest of the child for the stepparent to have custody.

If you are in need of an Illinois child custody attorney contact Carbondale, IL family law attorney Brian Roberts right now to schedule an appointment. All matters are kept confidential.