During a divorce, the question of which parent the child will live with is frequently raised. The answer is not straightforward, as various factors must be considered before determining their living arrangements. However, if they can express a rational opinion the court may allow a child to choose which parent they live with post-divorce. Please continue reading as we explore how custody matters are determined in Illinois and why connecting with a determined Tazewell County Child Custody Lawyer is in your best interest during these difficult times.
How is Custody Determined in Illinois?
When you and your spouse cannot reach a mutually agreeable solution regarding child custody, the responsibility of determining an equitable outcome falls upon the court. It’s crucial to understand that above all else, the court will prioritize safeguarding the child’s health, welfare, and overall well-being. The court applies the legal standard known as the “child’s best interest,” which serves as the guiding principle in all Illinois custody determinations. Essentially, this standard ensures decisions that best support a child’s physical, emotional, and developmental needs.
In Illinois, the legal framework surrounding child custody cases begins with the presumption that equal shared parenting time is in the best interest of the child. This reflects the belief that children generally benefit from maintaining a meaningful relationship with both parents. However, it’s imperative to understand that this presumption is not absolute, meaning it can be rebutted if evidence suggests that equal custody would not be in the child’s best interest. The court will carefully examine a wide range of factors to determine whether deviating from an equal parenting schedule is necessary to protect and promote the child’s well-being. These factors include, but are by no means limited to:
- The age and health of the child
- The child’s relationship with each parent
- Who the child’s primary caretaker was before the separation
- The willingness and ability of each parent to provide a stable and nurturing home environment
- The work schedule and responsibilities of each parent
- The income of each parent
- The number of children involved in the custody decision
- Where each parent lives in relation to one another and the child’s school
- The presence of any history of domestic violence, child abuse, or neglect
- The presence of substance abuse issues
- This wishes of the child (if sufficient age and maturity to express a reasoned opinion)
- Any other factors the court deems relevant to this decision
Can a Child Choose Which Parent to Live With Post-Divorce?
While children in Illinois may express a preference regarding their living arrangements post-divorce, the court’s decision will ultimately hinge upon what is deemed to be in their best interests. A child cannot unilaterally decide which parent they wish to live with. However, the court will consider a child’s preference if they are deemed mature enough to express reasoned opinions. There is no specific age at which a child can express preference in custody matters, but older children’s preferences are generally given more weight. Even if the court takes a child’s custodial preference into account, the court will not base its decision solely on their preference.
If your parenting time is at stake, it’s in your best interest to connect with a trusted attorney from Butler, Giraudo & Meister, P.C.who can help negotiate a favorable custody arrangement. Connect with our firm today to learn how we can fight for you.
