If you are divorcing with children, you will need to address the issue of custody. Parents are often unfamiliar with the factors that influence how the court determines these matters. If you are facing a custody battle in Illinois, the following blog explores the different custody options available and the factors the court will consider when issuing decisions. Consult with a skilled Peoria County Child Custody Lawyer today for legal advice.
What Are the Custody Options in Illinois?
In Illinois, those going through a divorce or separation are strongly encouraged to work together to create a custody agreement that best suits their child’s needs. This collaborative approach enables parents to tailor a plan that reflects their child’s unique circumstances and fosters a sense of stability in their lives. However, in cases involving high levels of conflict or an unwillingness to compromise, parents cannot reach a mutually agreeable custody arrangement. In such cases, or when a judge determines that a plan does not adequately safeguard the child’s best interests, the court will intervene and issue a final custody decision.
Generally, two different forms of custody are available during a divorce. Legal custody is a parent’s right and responsibility to make decisions on behalf of the child. Physical custody, on the other hand, is a parent’s right and responsibility to live with and care for their daily needs. It’s considered in a child’s best interest to maintain a meaningful relationship with both parents. As such, they will often try to split custody evenly. However, sole custody may be awarded if the court finds that one parent is unsuitable to care for the child.
What Factors Do the Courts Consider When Deciding Custody?
Custody matters are taken very seriously in Illinois. As such, the “best interest of the child” standard is the primary guideline used by courts in determining custody arrangements. This standard essentially prioritizes the child’s well-being, health, and safety above all else. The elements the court will take into account when deciding custody include the following:
- The age and health of each parent
- The parents’ ability to communicate, cooperate, and agree on matters related to the child
- The parents’ willingness to accept custody and responsibility for the child
- The stability of each parent’s home environment
- The child’s needs
- The child’s preference (depending on age and maturity)
- The quality and continuity of the child’s education
- The proximity of the parents’ homes
- The relationship between the child and each parent
- If the child has siblings
- Any history of domestic violence, substance abuse, or neglect
- Any other factors deemed relevant by the court
The court’s primary goal is to ensure that a custody arrangement promotes the child’s happiness, security, and overall well-being.
As you can see, the court’s decision on custody matters is carefully considered and complex. Therefore, it’s essential to have an experienced attorney by your side during these trying times. At Butler Giraudo & Meister, P.C., we understand the stress involved in fighting for custody. Contact us today to learn how we can help you and your family navigate these challenging circumstances and secure the custody you deserve.
