If parents can't come to an agreement courts in Illinois make custody decisions based on what is in the best interest of the child.

What Does the Court Consider in Assigning Custody?

The court will only consider conduct by the parents that would affect the relationship with the child. It will presume that both parents should have maximum involvement considering the following factors for the best solution: 

  • The relative strength, nature and stability of the child's relationship with each parent and siblings
  • The child's adjustment to home, school and community
  • Any ongoing abuse in the household
  • Any violence or threats of violence by the parents, whether directed against the child or against another person but witnessed by the child.
  • The willingness to encourage the child's relationship with the other parent
  • The wishes of the parents and the child's independent preferences if it's mature enough to make its wishes known

What Happens When the Court Has Made a Decision?

The custody order is signed by the judge and then filed with the court clerk. Both parents are bound by it. If any of the parents doesn't follow the custody order the other parent may bring the issue before the judge who can modify it.  

Should I Contact a Lawyer Regarding my Custody Issues?

It will be vital if you have concerns about who will make decisions for you child that you get a good attorney to help persuade the court what the right arrangement is for your child.  A good family law attorney will help you do this.