How do Illinois Courts Decide Who Gets Custody of the Children?

 Posted on August 25, 2022 in Divorce / Family Law

No one wants to be involved in a disputed child custody case. If you are at the point where you are asking a court to decide on custody issues, you are likely in one of two situations. Either you have tried everything to work out an agreeable custody schedule with the other parent and were unable to do so, or you believe the children would be in danger if left alone with the other parent. Neither situation is enviable in the slightest. You should know that in most cases, Illinois courts favor a joint custody arrangement, but there are exceptions. Understanding how the court will go about making this decision can help you be prepared for the hearings to follow. With so much at stake, you need to be represented by an experienced child custody attorney.

Factors in Deciding Parenting Time Arrangements

The deciding factor in a child custody case is always the best interests of the children. Illinois courts entire mission is to decide what type of parenting time schedule will best serve the emotional, physical, and social needs of the children involved. Factors the court will consider include: 

• Child’s wishes - The children’s wishes do matter, however, the judge will also consider the child’s age, maturity, and reasoning skills. Judges are well-aware that younger children are much more susceptible to bribery, and that some children will pick the “fun” parent over the reasonable parent.

• Parental cooperation - The court will consider the parents’ ability to cooperate, as well as the level of conflict between them and their ability to make joint decisions regarding the child. If your ex is unreasonably demanding full custody or badmouthing you to the children, this will come into play.

• Adjustment - The court may hesitate to uproot children who are well-adjusted to their current school, community, and home.

• Physical and mental health - Both the parents’ and the childrens’ mental and physical health are important factors. If the other parent is mentally ill, your attorney may raise that while discussing this factor.

• Abuse - If either parent has abused or been violent toward the children or another member of the household the children live in, this is of very high importance.

These are just a few of the factors a court will take into account when deciding what type of custody arrangement will best serve the children.

Get Help From a Kane County Parenting Time Lawyer

If you are involved in a custody battle, Loire Krajniak Law, LLC can help. Our experienced Geneva child custody attorneys will fight for you to spend adequate time with your children while protecting them from a potentially damaging other parent. Call 630-448-2406 to begin with a free consultation.

Source:

https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=075000050K602.7