When you and your former spouse are working out a custody agreement, one term you might hear often is “the best interest of the child.” What does this mean exactly? It means that the court is going to make a decision based on what suits the child best, not what suits the parents best. A Tazewell County child custody lawyer from our firm can help you argue for custody and show how you are acting in the best interest of your kids.
What Does a Court Consider When Determining the Best Interest of the Child?
The court can look at a variety of factors when trying to figure out what kind of custody arrangement would be in the best interest of the child. You could tell the court that you should have primary custody or that your former spouse should not get visitation time at all, but unless you have evidence to back up your assertions the desires of the parents do not really matter that much. The court usually wants children to maintain relationships with both parents after a divorce because that is seen as something that is in their best interest.
Before handing down a custody decision, the judge can look at elements like:
- The relationship between the child and each parent
- The mental and physical health of both parents
- The ability of both parents to provide stable home environments
- The relationship between the child and extended family, like grandparents or aunts and uncles
- The presence of other children in the home, like step-siblings of the child
- How the child’s schooling, activities, and friendships could be affected
- History or evidence of abuse
- History of domestic violence
Does a Child’s Preference Matter?
It can. Illinois does not have a set age where the court must begin to listen to children, but their opinions can be stated for the record. The older a child is, the more likely it is that their preferences will make a difference. However, if they have frivolous reasons for preferring one parent over another, like dad allowing them to stay up late, this is unlikely to sway a judge.
Can a Lawyer Help Me Argue For What’s In the Best Interest of the Child?
An experienced family lawyer can help you make a case for your desired custody arrangement. We can gather evidence and make it clear that what you want is also in the best interest of the child. Fighting for a favorable agreement on your own can be difficult. Let us assist you in this trying time.
Schedule Your Consultation
When you are going through a divorce, you need someone who can advocate for you and your children. Contact Butler, Giraudo & Meister, P.C. and ask to schedule a consultation with our team. We will do everything that we can to help you negotiate a divorce agreement and custody arrangement with fair terms.
